Bill Text: DE HB82 | 2015-2016 | 148th General Assembly | Draft

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act To Amend Title 14 Of The Delaware Code Relating To The Department Of Education.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Passed) 2015-08-17 - Signed by Governor [HB82 Detail]

Download: Delaware-2015-HB82-Draft.html


SPONSOR:

Rep. Lynn & Rep. Mulrooney & Rep. Keeley & Sen. Sokola

 

Reps. Baumbach, Kowalko, Miro, Osienski, Paradee, Potter, Viola, K. Williams; Sens. Bushweller, Lopez, Townsend

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 82

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.  Amend §154, Chapter 1, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however, any such rule or regulation related to collective bargaining shall be subject to the authority of the Public Employment Relations Board as established in Chapter 40, Title 14.

Section 2.  Amend §155, Chapter 1, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however, any such rule or regulation related to collective bargaining shall be subject to the authority of the Public Employment Relations Board as established in Chapter 40, Title 14.

Section 3. This Act shall become effective upon its enactment.


SYNOPSIS

Pursuant to 14 Del. C. Chapter 1, the Secretary and Department of Education are given authority to promulgate and adopt rules and regulations, consistent with the laws of the State of Delaware, for the administration and supervision of the public education system of this State.  Regulation 103 (Accountability for Schools, Districts and the State) was passed giving the Secretary authority to decide and determine collective bargaining rights in certain situations. This legislation is to clarify that the rule-making authority given to the Secretary in §§154 and 155 of this chapter remains subject to the exclusive authority of the Public Employment Relations Board (PERB) to settle labor disputes as granted by the General Assembly in 14 Del. C. Chapter 40.

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