(a) A professional employee of the Department of Education having the qualifications required by the certifying board shall receive as an annual salary the amount for which that professional employee’s qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined in accordance with either the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the index value specified in the second schedule that corresponds with the appropriate classification and experience level, whichever is greater.
The Department of Education shall be authorized to revise the salary to be paid to any of its professional personnel, which shall enable the Department to pay salary supplements up to the equivalent, but in no case to exceed the average of the 3 highest salaries for like positions paid by school districts. The Department of Education shall be authorized to designate up to 19 positions within its authorized full-time complement to function as team leaders or directors. In recognition of the administrative or management responsibility assigned to these positions, such individuals shall receive up to $7,210 more than the amount that a similarly qualified and experienced education associate would be entitled to receive in accordance with the provisions of this chapter.
The Department shall annually conduct a performance review of each of its professional employees and establish the salary to be paid to each employee which shall not be less than the amount shown in the above schedule nor shall it exceed the allowable maximum salary determined by the above method. The Department shall annually present its revised salary schedule to the State Treasurer who shall pay the additional amount required for each employee because of the application of the revised schedule for the General Fund, notwithstanding any other laws of this State.
(b) One twelfth of the additional amount set forth in the schedule in subsection (a) of this section shall be deducted for each month that the employee is not employed.
(c) Each teacher, specialist, supervisor, administrative assistant, director and assistant superintendent employed by a district and having the qualifications required by the certifying board shall receive as an annual salary the amount for which such teacher, specialist, supervisor, administrative assistant, director and assistant superintendent qualifies under § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined, either in accordance with the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the index value specified in the second schedule that corresponds with the appropriate classification and experience level, whichever is greater.
(d) One twelfth of the additional amount set forth in the schedule in subsection (c) of this section shall be deducted for each month that the employee is not employed.
(e) During the fiscal year beginning July 1, 1970, and annually thereafter a reorganized school district may employ the following personnel:
(1) Assistant superintendents for a period of 12 months per year at the rate of 1 for each full 300 state units of pupils not to exceed a total of 2 per reorganized school district;
(2) Directors for a period of 12 months per year at the rate of 1 for the first full 200 state units of pupils and 1 for each additional full 100 state units of pupils not to exceed a total of 6 per reorganized school district;
(3) Administrative assistants for a period of 12 months per year at the rate of 1 per reorganized school district;
(4) Supervisors for a period of 11 months during the fiscal year 1982 and thereafter at the rate of 1 for each full 150 state units of pupils. Those districts with less units than needed for a supervisor, the Department of Education shall provide support for the fractional part of the first supervisor;
(5)Specialist. —Visiting teachers for a period of 10 months per year at the rate of 1 for each full 250 state units of pupil. For districts that do not qualify for a visiting teacher, fractional units shall be provided to allow for such personnel;
(6)Specialist. —Driver education teachers for a period of 10 months per year at the rate of 1 for each full 125 10th grade students in the district or1/5of a teacher for each full 25 tenth grade students in the district;
(7) Supervisors of transportation for a period of 12 months per year at the rate of 1 such supervisor per 7,500 or more enrolled pupils. For districts that do not qualify for a transportation supervisor, fractional units shall be provided to allow for such personnel.
(8) Supervisors of school lunch for a period of 12 months per year, such supervisors to be paid at the salary of “supervisors” as set forth in subsection (c) of this section at the rate of:
a. One such supervisor in any district having less than 500 units having 4 or more schools with school lunch programs;
b. One in any district having 500 units or more, 1 such supervisor for every 500 full units. In addition, each such school district shall employ such additional supervisors so that the total number of such supervisors equals 1 supervisor for each 300 full units to be paid out of revenue receipts from cafeteria funds.
(9) School districts are authorized to receive cash for any official administrative position that the district qualifies for under the provisions of paragraph (e)(1), (2), (3), (4), (7) or (8) of this section. This option shall apply only if the district has not filled the position at any time during the fiscal year. The value of this cash option will be the corresponding value of doctorate plus 10 years of experience on the schedule in § 1305 of this title plus the amount for state administrative supplement from the salary schedule in § 1321(c), at 9 years’ experience for the administrative type involved. If a position is gained as a result of unit growth and this option is utilized for that position, the district will receive3/4of the above funds. Districts wishing to exercise this option must make application to the Department of Education for that use, provided that the State Board may review any objection to the Department decision.
Funds received as a result of this section may be used for any Division I or Division II purpose. Funds received as a result of this section may not be used to supplement state salaries authorized in this chapter for any employee;
(10)Specialist. —Related services positions which include physical therapists, occupational therapists, speech language pathologists, school psychologists or other related services specialists as identified in department regulation will be funded for a period of 12 months per year at a rate of 1 for every group of 3.0 children who are counted as complex; and for a period of 11 months at a rate of 1 for every group of 5.5 children counted as intensive; and for a period of 10 months at a rate of 1 for every group of 57 children counted in the K-3, grades 4-12 (regular education) and the basic units;
(11)Deaf-blind program personnel. —Four related service units are assigned to the state-wide deaf-blind program for appropriate therapists and other personnel for 12 months per year.
a. Whenever the Department with the approval of the State Board of Education designates a particular school district to serve as the administrative agency for a statewide program for deaf-blind pupils that district may employ specialists as herein authorized to serve the entire statewide program. Specialists so employed shall be paid according to the salary authorized for teachers in § 1305 of this title. The school district authorized to employ such specialists and the coordinator may provide additional salary to such personnel according to § 1304 of this title and shall recover funds so expended from the school districts responsible for the day-to-day instruction of the deaf-blind persons according to Chapter 6 of this title. Salary authorized by § 1304 of this title may be provided according to Chapter 6 of this title.
b. If the option to purchase services under this section is exercised, then the dollar value of each full-time equivalent shall be the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 12 months. The calculation of this funding shall be for the current school year. Expenditures of this nature may be used for the purchase of personal services. Any school district wishing to use funds under this option shall first make application to the Department of Education for such use and proceed to exercise the option only after approval by the Department of Education; provided, that the State Board may review any objection to the Department’s decision.
c.Coordinator. —Whenever the Department with the approval of the State Board of Education designates a particular school district to serve as administrator for the statewide program for deaf-blind pupils that district may employ a statewide coordinator at the principal’s rank and salary;
(12)Specialists. —All related services units are earned at the district or charter school level. Preschool, basic, intensive and complex related services units earned shall be used to support related services needs of students in those units. Districts may use earned units to hire any related services staff necessary or alternatively choose to provide all or part of those services through a contractual arrangement with a public or private agency. When providing services by contract, the dollar value of the contract shall not exceed the authorized salary for a teacher at the master’s level plus 10 years and employed for a period of 12 months per year as provided for in § 1305 of this title, divided by the number of months in the terms of the contract. Partial unit funding is provided based on the dollar value of the unit. Any school district wishing to use funds under the contractual option set forth in this section shall make application to the Department of Education for that use, provided that the State Board may review any objection to the Department decision;
(13)Teachers, class aides and other personnel. —For units deemed basic, intensive or complex, units must be used to hire teachers, class aides, related services personnel or for contractual services for these or other student-related services. All earned units generated by students receiving special education services shall be used to support these students;
(14)Supervisor of buildings and grounds for a period of 12 months per year at the rate of 1 per reorganized school district. —For a school district to have a building and grounds supervisor, it must have 95 or more building units as defined by the State Board of Education. Supervisors so employed shall be paid in accordance with subsection (c) of this section. This position is included in the total number of custodial personnel allowed;
(15) Beginning with the fiscal year commencing July 1, 2005, any position generated by paragraph (e)(5) of this section shall qualify the local school district to receive the state share of the Division III Equalization unit amount as defined in § 1707 of this title for each position; and
(16) Beginning with the fiscal year commencing July 1, 2011, 40% of positions generated at a rate of 1 for every group of 57 children counted in the K-3, grades 4-12 (regular education) and the basic units under for paragraph (e)(10) of this section shall qualify the local school district to receive the state share of the Division III Equalization unit amount as defined in § 1707 of this title.
The personnel employed pursuant to this subsection shall not be charged against the allotment of classroom teachers provided by these units of pupils, the provisions of § 1705 of this title notwithstanding.
(f) In school districts which contract with the federal government to operate schools, the units of pupils in such schools shall be counted for entitlement of that school district under this section.
(g) Whenever units in addition to state units are counted for entitlement under subsection (f) of this section, the salaries for such additional personnel shall be paid from state and federal funds on a prorated basis.
(h) Vocational agriculture teachers may be employed for 12 months and paid in accordance with § 1305 of this title.
(i) Allocations of personnel specified in this section shall apply, the provisions of § 1006 of this title notwithstanding.
14 Del. C. 1953, § 1321; 50 Del. Laws, c. 632, § 1 ; 51 Del. Laws, c. 57, § 2 ; 52 Del. Laws, c. 344, § 12 ; 54 Del. Laws, c. 272, § 1 ; 56 Del. Laws, c. 131, §§ 2, 3 ; 56 Del. Laws, c. 177, § 1 ; 56 Del. Laws, c. 292, § 15 ; 56 Del. Laws, c. 309 ; 56 Del. Laws, c. 434, §§ 1, 2 ; 57 Del. Laws, c. 113 ; 57 Del. Laws, c. 333, §§ 13, 14, 16 ; 57 Del. Laws, c. 401 ; 57 Del. Laws, c. 656 ; 58 Del. Laws, c. 189, § 1 ; 58 Del. Laws, c. 305, §§ 1, 4, 5 ; 58 Del. Laws, c. 526 ; 59 Del. Laws, c. 34 ; 59 Del. Laws, c. 498, §§ 1, 2 ; 60 Del. Laws, c. 571, §§ 5, 6 ; 61 Del. Laws, c. 516, § 5 ; 61 Del. Laws, c. 546, § 1 ; 62 Del. Laws, c. 68, §§ 42(e), 134 ; 62 Del. Laws, c. 86, § 33 ; 62 Del. Laws, c. 143, § 1 ; 62 Del. Laws, c. 277, § 11(f), 131(d), (e) ; 62 Del. Laws, c. 423, § 48(d), (e) ; 63 Del. Laws, c. 80, §§ 11(f), 112 ; 63 Del. Laws, c. 322, §§ 130, 138, 147(a) ; 63 Del. Laws, c. 396, §§ 1, 2 ; 64 Del. Laws, c. 49, §§ 1-4 ; 64 Del. Laws, c. 90, § 11(d)(viii), (ix) ; 64 Del. Laws, c. 220, § 6(a) ; 64 Del. Laws, c. 334, § 11(j)(9), (10) ; 65 Del. Laws, c. 348, §§ 12(r)(8), 265 ; 65 Del. Laws, c. 381, § 3 ; 66 Del. Laws, c. 85, § 12(p)(8), (9) ; 66 Del. Laws, c. 303, § 12(m)(7), (8), 286(c) ; 68 Del. Laws, c. 27, § 1 ; 68 Del. Laws, c. 126, §§ 2-6 ; 68 Del. Laws, c. 290, §§ 224, 232 ; 69 Del. Laws, c. 64, §§ 276, 277 ; 69 Del. Laws, c. 291, § 300 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 425, §§ 278, 345 ; 71 Del. Laws, c. 132, §§ 354, 356, 367, 374 ; 71 Del. Laws, c. 180, §§ 69A, 70, 70A, 71-75 ; 71 Del. Laws, c. 354, § 373 ; 72 Del. Laws, c. 94, §§ 334-337, 384 ; 72 Del. Laws, c. 395, §§ 356, 386 ; 74 Del. Laws, c. 187, § 1 ; 75 Del. Laws, c. 89, § 376 ; 75 Del. Laws, c. 155, §§ 2-4 ; 75 Del. Laws, c. 350, § 378 ; 78 Del. Laws, c. 5, §§ 14-24 ; 78 Del. Laws, c. 78, § 315 ; 78 Del. Laws, c. 290, § 357 ; 81 Del. Laws, c. 280, § 368(a) ; 82 Del. Laws, c. 242, § 358 ; 83 Del. Laws, c. 325, §§ 380, 381 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 81, § 363 ; 84 Del. Laws, c. 295, § 383