US Laws, Codes, Statutes & Cases

§ 1301. Definitions.

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 subsection (a) of § 1305 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 subdivision (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.)

§ 1302. Application of chapter.

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.)

§ 1303. State supported uniform salary schedules and classifications.

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.)

§ 1304. Salaries in excess of state supported uniform salary schedules.

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.)

§ 1305. Basic salary schedule for teachers, nurses, principals, superintendents, and other administrative and supervisory employees.

Bach. Bach. Mast. Mast. Mast.

Degree Degree Degree Degree Degree

Yrs. Plus 15 Plus 30 Plus 15 Plus 30 Plus 45

of No Bach. Grad. Grad. Mast. Grad Grad. Grad. Doctor's

Exp. Degree Degree Credits Credits Degree Credits Credits Credits Degree

0 0.9610 1.0000 1.0390 1.0780 1.1365 1.1755 1.2145 1.2536 1.2926

1 0.9707 1.0098 1.0488 1.0878 1.1463 1.1853 1.2243 1.2633 1.3023

2 0.9795 1.0195 1.0585 1.0975 1.1560 1.1950 1.2340 1.2731 1.3121

3 1.0146 1.0536 1.0926 1.1317 1.1902 1.2292 1.2682 1.3072 1.3462

4 1.0439 1.0800 1.1151 1.1512 1.2038 1.2389 1.2828 1.3218 1.3608

5 1.0800 1.1151 1.1512 1.1863 1.2389 1.2750 1.3101 1.3462 1.3813

6 1.1151 1.1512 1.1863 1.2214 1.2750 1.3101 1.3462 1.3813 1.4164

7 1.1512 1.1863 1.2214 1.2575 1.3101 1.3462 1.3813 1.4164 1.4525

8 1.1863 1.2214 1.2575 1.2926 1.3989 1.4340 1.4700 1.5052 1.5412

9 1.2214 1.2575 1.2926 1.3277 1.4340 1.4700 1.5052 1.5412 1.5763

10 1.2575 1.2947 1.3277 1.3638 1.4700 1.5052 1.5412 1.5763 1.6115

11 1.3638 1.3989 1.5052 1.5412 1.5763 1.6115 1.6475

12 1.4009 1.4340 1.5412 1.5763 1.6115 1.6475 1.6826

13 1.4700 1.5763 1.6115 1.6475 1.6826 1.7177

14 1.5069 1.6115 1.6475 1.6826 1.7177 1.7538

15 1.6475 1.6843 1.7177 1.7538 1.7889

16 1.7535 1.7907 1.8247

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 1.3277 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 1.3277 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 1.3277 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 1.3638 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 1.3638 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 1.3638 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 1.4340 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 1.4340 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(b) The base salary amount for this section, for the fiscal year ending June 30, 2007, shall be $26,438. 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 2000, salary derived from subsections (a) and (b) of this section for 10 months' employment shall mean a total of 185 full work days to be utilized as follows:

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

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

(3) 3 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 (i) 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 re-qualification 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--speech pathologists and audiologists;

(2) Nationally certified school counselor;

(3) Music therapist--Board certified;

(4) Nationally certified school psychologist; and

(5) Nationally certified school nurse.

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 non-instructional 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 percent 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 non-retired educator mentors. Such retired educators shall be considered a casual employee under § 5502(a)(3) of Title 29 for purposes of pensions. (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).)

§ 1306. Salary schedule for chief school officers.

(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 he or she qualifies under § 1316 of this title and the schedule set forth in subsections (a), (b) and (d) of § 1305 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 annual salary provided under subsections (a), (b) and (d) of § 1305 of this title, whichever is greater:

Number of Division I Units of Pupils in the School District

-----------------------------------------------------------

Less Than

71 71-149 150-249 250 Plus

$6,450 $8,370 $10,293 $12,219

Less Than

200 200-399 400 Plus

.30 .40 .50

(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).)

§ 1307. Salary schedule for principals subordinate to a chief school officer.

A principal who is subordinate to a chief school officer in a district shall receive as a salary the amount for which he or she qualifies under § 1316 of this title and the schedule set forth in subsections (a), (b) and (d) of § 1305 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 subsections (a), (b) and (d) of § 1305 of this title, whichever is greater.

(1) Full-time principals:

Years of Number of Teachers

Administrative

Experience 15-19 20-29 30-39 40-59 60 Plus

0 $ 851 $1,101 $1,350 $1,726 $2,103

1 1,101 1,350 1,601 1,976 2,352

2 1,350 1,601 1,851 2,228 2,602

3 1,601 1,851 2,103 2,478 2,853

4 1,851 2,103 2,352 2,728 3,103

5 1,969 2,246 2,518 2,930 3,341

6 2,079 2,378 2,671 3,116 3,560

7 2,183 2,502 2,816 3,292 3,767

8 2,373 2,702 3,025 3,516 4,005

9 2,563 2,902 3,234 3,740 4,243

Years of Number of Division I Units

Administrative

Experience 15-24 25-59 60 Plus

0 .08 .09 .10

1 .09 .10 .11

2 .10 .11 .12

3 .11 .12 .13

4 .12 .13 .14

(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, one half 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 subsections (a), (b) and (d) of § 1305 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 subsections (a), (b) and (d) of § 1305 of this title by the appropriate index value specified in the 2nd schedule, whichever is greater.

Years of

Administrative Experience Amount

0 $ 725

1 850

2 976

3 1,101

4 1,226

5 1,285

6 1,343

7 1,400

8 1,487

9 1,582

Years of

Administrative Experience Amount

0 .04

1 .05

2 .06

3 .07

4 .08

(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); 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.)

§ 1308. Salary schedules for administrative secretaries, financial secretaries, senior secretaries, secretaries and clerks.

(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:

Years of Senior Financial Administrative

Experience Clerk Secretary Secretary Secretary Secretary

0 14,906 16,399 17,211 17,659 18,403

1 15,452 16,945 17,715 18,166 18,916

2 15,996 17,447 18,220 18,674 19,430

3 16,543 17,950 18,724 19,179 19,943

4 17,054 18,452 19,228 19,686 20,517

5 17,537 18,955 19,733 20,219 21,096

6 18,019 19,457 20,268 20,791 21,677

7 18,501 19,957 20,838 21,363 22,256

8 18,984 20,520 21,407 21,935 22,837

9 19,467 21,087 21,976 22,507 23,416

10 19,949 21,653 22,544 23,081 23,996

11 20,489 22,220 23,113 23,653 24,575

12 21,033 22,785 23,683 24,224 25,156

13 21,578 23,353 24,253 24,797 25,735

14 22,124 23,920 24,821 25,371 26,314

15 22,669 24,487 25,390 25,940 26,897

16 23,213 25,052 25,960 26,512 27,476

17 23,760 25,620 26,530 27,085 28,055

18 24,303 26,186 27,099 27,656 28,635

19 24,848 26,754 27,668 28,231 29,216

20 25,391 27,320 28,236 28,803 29,794

21 25,949 27,899 28,818 29,387 30,387

22 26,521 28,492 29,413 29,984 30,993

23 27,106 29,097 30,021 30,594 31,612

24 27,704 29,715 30,642 31,216 32,244

(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).)

§ 1309. Secretarial classifications and salary supplement for additional training.

(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:

Professional Secretary Certificate .................................. $662

(Completion of 2 years of college or successful completion of a

national examination or equivalent certification program approved

by the

Department of Education.)

Certified Secretary Certificate ..................................... $991

(Eligibility for professional secretary certificate plus completion

of 12 semester hours of college courses specified by the Department

of Education and 5 years of successful experience.)

Bachelor's Degree Certificate ..................................... $1,320

(Completion of a bachelor's degree from an accredited college.)

(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.)

§ 1310. Salary schedules for school nurses.

(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.)

§ 1311. Salary schedule for school custodians.

(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:

Years Chief Chief

of Custodian Custodian Custodian Maintenance Skilled

Exp. Custodian Firefighter 5 or Fewer 6 or More Mechanic Craftsperson

0 17,844 18,350 18,607 19,624 20,095 20,543

1 18,225 18,732 18,989 20,006 20,573 21,120

2 18,607 19,114 19,371 20,403 21,075 21,691

3 18,988 19,496 19,751 20,831 21,572 22,264

4 19,371 19,876 20,135 21,264 22,007 22,838

5 19,751 20,256 20,545 21,695 22,570 23,411

6 20,135 20,690 20,977 22,122 23,070 23,983

7 20,545 21,122 21,405 22,550 23,569 24,557

8 20,977 21,549 21,836 22,981 24,069 25,130

9 21,405 21,979 22,264 23,411 24,565 25,705

10 21,836 22,409 22,695 23,841 25,067 26,276

11 22,264 22,841 23,126 24,269 25,565 26,851

12 22,703 23,284 23,568 24,704 26,075 27,439

13 23,151 23,736 24,021 25,149 26,596 28,041

14 23,608 24,198 24,484 25,603 27,128 28,658

15 24,075 24,668 24,955 26,064 27,671 29,288

(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:

Chief Custodian ..................................................... $883

Firefighter and Custodian-Firefighter .....................$662

Custodian ............................................................... $439

(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).)

§ 1312. Experience.

(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 5th 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 non-instructional positions.

(d) In the case of personnel whose salaries are based wholly or in part upon §§ 1306, 1307, 1308, 1309, 1310, 1311, 1321 and 1322 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. (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.)

§ 1313. Employment requirements.

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 he or she 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; 71 Del. Laws, c. 180, § 69; 72 Del. Laws, c. 294, § 38.)

§ 1314. Limitation on salary decreases.

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.)

§ 1315. Rules and regulations.

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.)

§ 1316. Determination of number of employees and months of employment.

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.)

§ 1317. Method of salary payments.

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.)

§ 1318. Sick leave and absences for other reasons; accumulation of annual leave.

(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) 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. Members of the immediate family shall be defined as the employee's spouse or domestic partner; parent, stepparent or child of the employee, spouse or domestic partner; employee's grandparent or grandchild; employee's sibling; spouse of employee's child; any relative who resides in the same household; or any minor child for whom the employee has assumed and carried out parental responsibilities. This absence shall be in addition to other leaves granted the employee.

(c) In the case of a serious illness of a member of the employee's immediate family, as defined in subsection (b) of this section that requires the employee's personal attention, an employee may use accrued sick leave. An employee needing sick leave under the provisions of this title shall inform his/her 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; failure to do so may be cause for denial of pay for the period of absence. Before approving pay for sick leave, the supervisor may at his/her discretion require either a doctor's certificate or a written statement signed by the employee setting forth the reason for the absence. In the case of an absence of more than 5 consecutive days, a doctor's certificate is required as a condition of approval.

(d) In case of the death of a near relative, there shall be no deduction in the salary of the employee for absence on the day of the funeral. A near relative shall be defined as: first cousin, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, grandparent-in-law, or any other 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) An employee may be absent without loss of pay no more than 3 days per fiscal year for personal reasons of the employee. Such absences shall be included in the sick leave of the employee. Such absences must be approved by the chief school officers.

(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 percent 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 his or her 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.

(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 in subsection (a), (b), (c), (d), (e), (f) or (g) of this section shall be 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 him/herself and eligible dependents and other state benefits at his/her 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. 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.)

§ 1318A. Donated leave program.

(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 he or she is eligible for donated leave time.

(5) The recipient shall have used all of his or her sick days and personal days and half of his or her annual leave, where applicable. However, when donated leave is for the catastrophic illness of a family member, the employee must have used all of his or her 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 Title 14, 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; 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.)

§ 1318B. Leave for bone marrow or organ donation.

(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.)

§ 1319. Records of absences; proof.

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 he or she was unable to perform his or her 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.)

§ 1320. Deduction for unexcused absence.

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.)

§ 1321. Salary schedules for certain professional personnel employed by the Department of Education; employment formulae and salary schedules for certain professional personnel employed by the school districts.

(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 he or she qualifies under § 1316 of this title and the schedule set forth in subsections (a), (b) and (d) of § 1305 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 subsections (a), (b) and (d) of § 1305 of this title by the index value specified in the 2nd schedule that corresponds with the appropriate classification and experience level, whichever is greater.

DEPARTMENT OF EDUCATION

Yrs. Supervisor/ Assist.

Admin. Teacher/ Educ. Educ. Supt./ Deputy State

Exper. Other Spec. Assoc. Assoc. Supt. Supt. Supt.

0 To be paid $ 750 $2,628 $6,966 $12,040 Total salary

1 as provided 1,126 3,003 7,454 12,571 shall be as

2 for in 1,503 3,379 7,962 13,102 specified in

3 § 1305 of this 1,878 3,753 8,470 13,652 the annual

4 title and 2,253 4,129 8,979 14,229 Budget

5 as shown 2,467 4,521 9,488 14,807 Act.

6 below. 2,664 4,883 9,996 15,383

7 2,850 5,225 10,504 15,959

8 3,150 5,596 11,009 16,535

9 3,450 5,967 11,514 17,114

DEPARTMENT OF EDUCATION

Yrs. Supervisor/ Assist.

Admin. Teacher/ Educ. Educ. Supt./ Deputy State

Exper. Other Spec. Assoc. Assoc. Supt. Supt. Supt.

0 To be paid .04 .08 .37 .55 Total salary

1 as provided .05 .09 shall be as

2 for in .06 .10 specified in the

3 § 1305 of this .07 .11 annual Budget

4 title and .08 .12 Act.

as shown

below.

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 11 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 he or she qualifies under subsections (a), (b) and (d) of § 1305 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 subsections (a), (b) and (d) of § 1305 of this title by the index value specified in the 2nd schedule that corresponds with the appropriate classification and experience level, whichever is greater.

SCHOOL DISTRICTS

Years of

Administrative Teachers, Administrative Assistant

Experience Specialists Supervisor Assistants Director Superintendent

0 To be paid $1,350 $1,726 $1,851 $3,103

1 as provided 1,601 1,976 2,478 3,728

2 for in 1,851 2,228 3,103 4,353

3 § 1305 of this 2,103 2,478 3,728 4,980

4 title. 2,352 2,728 4,353 5,605

5 2,518 2,930 4,710 6,080

6 2,671 3,116 5,039 6,518

7 2,816 3,292 5,350 6,932

8 3,025 3,516 5,850 7,479

9 3,234 3,740 6,350 8,026

SCHOOL DISTRICTS

Years of

Administrative Teachers, Administrative Assistant

Experience Specialists Supervisor Assistants Director Superintendent

0 To be paid .07 .08 .22 .27

1 as provided .08 .09

2 for in .09 .10

3 § 1305 of this .10 .11

4 title. .11 .12

(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 -- psychologists for a period of 10 months per year at the rate of 1 for each full 150 state units of pupils;

(6) Specialist -- speech and hearing teachers for a period of 10 months per year at the rate of 1 for each full 140 state units of pupils. A district may choose to employ personnel under this subsection or may as an alternative choose to provide all or part of those services through a contractual arrangement with a public or private agency. When providing services of speech and hearing therapists by contract, the dollar value of the contracts shall not exceed the authorized salary for a teacher holding the master's degree and having 10 years of experience and employed for a period of 10 months per year as provided for in § 1305 of this title, multiplied by the number of therapists authorized. 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;

(7) Specialist -- visiting teachers for a period of 10 months per year at the rate of 1 for each full 250 state units of pupils;

(8) 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 one fifth of a teacher for each full 25 10th grade students in the district;

(9) Supervisors of transportation for a period of 12 months per year at the rate of 1 such supervisor per 7,000 or more transported pupils, such pupils being those in the area supervised eligible for school transportation;

(10) 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.

(11) School districts are authorized to receive cash for any official administrative position that the district qualifies for under the provisions of subsections (e)(1), (2), (3), (4), (5), (9) or (10) 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 Schedule 1305 plus the amount for state administrative supplement from Salary Schedule 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 three-fourths 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;

(12) Specialist -- physical therapists for a period of 12 months per year at the rate of 1 for each group of 50 children identified as severely mentally handicapped. A school district authorized to administer a special school for pupils who are severely mentally handicapped may choose to employ personnel under this subsection or may as an alternative choose to provide all or part of those therapy services through a contractual arrangement with a public or private agency. When providing services of therapist by contract, the dollar value of the contracts shall not exceed the authorized salary for a teacher holding the master's degree and having 10 years of experience and employed for a period of 12 months per year, divided by the number of months in the terms of the contract, as provided for in § 1305 of this title, times the number of therapists authorized. 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) Specialist -- occupational therapists for a period of 12 months per year at the rate of 1 for each group of 50 children identified as severely mentally handicapped. Occupational therapy may be provided through a contractual arrangement such as that authorized in paragraph (12) of this subsection;

(14) Specialist -- speech therapists for a period of 12 months per year at the rate of 1 for each group of 50 children identified as severely mentally handicapped. Speech therapy may be provided through a contractual arrangement such as that authorized in paragraph (12) of this subsection;

(15) Specialist and coordinator -- appropriate therapist and special services personnel or personal services for persons who are deaf-blind such as occupational therapists, physical therapists, speech therapists, social workers, audiological specialists, ophthalmological specialists and orientation and mobility specialists for a period of 12 months per year at the rate of 1/3 of a full-time equivalent of any such specialist for each unit authorized for deaf-blind persons. Partial funding shall be provided for fractional parts of units.

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. A school district may choose to purchase specialized services for any of the 6 categories shown in the introductory language in this paragraph rather than to employ a staff person to serve that function. If the option to purchase services 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 as a statewide coordinator, at the principal's rank and salary, a principal for 8 or more such units of deaf-blind children. If a principal is assigned responsibility for such a program for fewer than 8 units, the support for that assignment shall be in the same ratio as the number of authorized units is to 8 units;

(16) Specialists -- physical therapists, occupational therapists and speech/language clinicians. Whenever the Department with the approval of the State Board of Education authorizes a particular school district to administer a special school for pupils who are other health impaired, orthopedically disabled, or traumatic brain injured, that district may employ certain therapists and clinicians as herein authorized:

a. For students who are other health impaired:

1. One physical therapist for each 30 such pupils for a period of 10 months;

2. One occupational therapist for each 40 such pupils for a period of 10 months;

3. One speech/language clinician for each 50 such pupils for a period of 10 months;

b. For students who are traumatic brain injured or orthopedically disabled, defined as being limited to cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis or contractures caused by fractures or burns:

1. One physical therapist for each 30 such pupils for a period of 12 months;

2. One occupational therapist for each 40 such pupils for a period of 12 months;

3. One speech/language clinician for each 50 such pupils for a period of 12 months.

A team made up of 1 physical therapist, 1 occupational therapist and 1 speech/language clinician shall be fully funded in each authorized special school for traumatic brain injured, other health impaired or orthopedically disabled pupils regardless of the pupil count. The administering district shall qualify for partial funding of any of the personnel noted herein for the fractional part of the designated pupil count above the first such designated count.

Therapists and clinicians shall be paid as teachers according to § 1305 of this title.

A school district authorized to administer a special school for pupils who are traumatic brain injured, other health impaired or orthopedically disabled may choose to employ personnel under this subsection or may as an alternative choose to provide all or part of those therapy services through a contractual arrangement with a public or private agency. When providing services of a therapist or a team of 3 therapists as herein authorized by contracts, the dollar value of the contract shall not exceed the authorized salary for a teacher holding the master's degree and having 10 years of experience and employed for a period as specified in this paragraph as provided for in § 1305 of this title, times the number of therapists authorized. Any school district wishing to use funds under the contractual option set forth in this section shall make application to the State Board of Education for that use; provided, that the State Board may review any objection to the Department's decision;

(17) Class aides -- In an intensive learning center approved by the Department with the approval of the State Board of Education, the staff assignments shall include 1 classroom teacher for each unit of pupils or in lieu of a teacher, 2 aides may be employed so long as the number of aides does not exceed the number of teachers in any given intensive learning center and so long as each aide works under the direct supervision of a teacher. Aides so employed shall be paid according to the schedule for class aides set forth in § 1324 of this title;

(18) 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; and

(19) Beginning with the fiscal year commencing July 1, 2005, any position generated by subsection (e)(7) 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.

(20) Beginning with the fiscal year commencing July 1, 2006, 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.

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) For districts that do not qualify for psychologists, speech and hearing teachers, visiting teachers and transportation supervisors, the Department of Education may combine contiguous districts or allocate the fractional part of the first unit to districts not meeting unit requirements, to provide for such personnel, under subsection (e) of this section and shall adopt rules and regulations delegating administrative and financial control to such districts or combinations of local school districts as are formed. In the case of physical therapists, occupational therapists and speech therapists to be employed on account of severely mentally handicapped pupils, this subsection shall apply to any combination of school buildings within a district or among districts.

(g) 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.

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

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

(j) Allocations of personnel specified in this section shall apply, the provisions of § 1008 [repealed] 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. 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.)

§ 1322. Salary schedule for school food service employees.

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

SCHOOL FOOD SERVICE MANAGERS

Number of Pupils in School Served by Cafeteria

Yrs

of Below

Exp. 351 351-500 501-800 801-1200 1201-1600 1601-2000 2000+

0 16,576 17,506 18,433 19,359 20,272 21,396 21,954

1 17,040 17,966 18,897 19,824 20,690 21,533 22,375

2 17,506 18,433 19,359 20,272 21,111 21,954 22,796

3 17,966 18,897 19,824 20,690 21,533 22,375 23,217

4 18,433 19,359 20,272 21,111 21,954 22,796 23,638

5 18,897 19,824 20,690 21,533 22,375 23,217 24,060

6 19,359 20,272 21,111 21,954 22,796 23,638 24,517

7 19,824 20,690 21,533 22,375 23,217 24,060 24,981

8 20,272 21,111 21,954 22,796 23,638 24,517 25,448

9 20,690 21,533 22,375 23,217 24,060 24,981 25,912

10 21,111 21,954 22,796 23,638 24,517 25,448 26,374

11 21,533 22,375 23,217 24,060 24,981 25,912 26,837

12 21,954 22,796 23,638 24,517 25,448 26,374 27,304

13 22,375 23,217 24,060 24,981 25,912 26,837 27,767

14 22,796 23,638 24,517 25,448 26,374 27,304 28,235

15 23,217 24,060 24,981 25,912 26,837 27,767 28,701

16 23,650 24,532 25,456 26,385 27,312 28,239 29,175

17 24,092 25,020 25,941 26,868 27,797 28,720 29,660

18 24,544 25,518 26,436 27,360 28,291 29,209 30,152

19 25,003 26,026 26,939 27,861 28,794 29,707 30,652

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(s) 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:

One Year of College $452

Two Years of College $682

Bachelor's Degree $1,360

(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:

SCHOOL LUNCH COOKS AND GENERAL WORKERS

Years of

Experience General Worker Cook/Baker

0 10.41 11.22

1 10.54 11.33

2 10.70 11.46

3 10.78 11.56

4 10.90 11.70

5 11.07 11.87

6 11.21 11.97

7 11.30 12.05

8 11.38 12.15

9 11.48 12.27

10 11.59 12.42

11 11.78 12.54

12 11.90 12.68

13 12.02 12.80

14 12.15 12.90

15 12.27 13.05

16 12.43 13.21

17 12.56 13.30

18 12.71 13.39

19 12.86 13.50

20 13.00 13.60

21 13.15 13.71

(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).)

§ 1323. Maternity leave.

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

§ 1324. Salary schedule for aides.

(a) Any school district having classes for the severely and trainable mentally handicapped, the traumatic brain injured, the orthopedically disabled, the other health impaired, the partially deaf or hard-of-hearing, the partially sighted, the blind, the deaf-blind, the autistic, or in state-approved intensive learning center programs as described in § 1703 of this title may employ aides as authorized and required subject to the qualifications promulgated by the certifying board.

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

Years

of Service Instructional

Experience Aides Aides

0 14,325 16,580

1 14,661 16,992

2 14,998 17,404

3 15,339 17,818

4 15,675 18,229

5 16,011 18,644

6 16,348 19,056

7 16,686 19,469

8 17,023 19,879

9 17,362 20,292

10 17,698 20,703

11 18,033 21,081

12 18,373 21,454

13 18,709 21,830

14 19,045 22,202

15 19,383 22,581

16 19,721 22,954

17 20,058 23,330

18 20,395 23,703

19 20,731 24,079

20 21,037 24,454

21 21,350 24,837

22 21,670 25,266

23 21,995 25,702

24 22,324 26,146

(c) All aides employed under subsection (a) of this section who are employed for more than 10 months per year shall receive one tenth of the amount specified in subsection (b) of this section in salary for each additional month of employment each year. (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).)

§ 1325. Sabbatical leave.

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 one-half 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 his or her 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 his or her return from leave and assign the employee to the position from which he or she left or to a similar position. In no case may assignment be made so as to invalidate the employee's certification status or t