Bill Text: DE SB20 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Title 14 Of The Delaware Code Relating To Department Of Correction Educational Services.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-06-12 - Signed by Governor [SB20 Detail]

Download: Delaware-2013-SB20-Draft.html


SPONSOR:

Sen. Ennis & Rep. Miro

 

Sens. Hall-Long, Sokola; Reps. Carson, Heffernan, Hudson, J. Johnson, Ramone

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 20

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DEPARTMENT OF CORRECTION EDUCATIONAL SERVICES.


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


Section 1. Amend Title 14, Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

Chapter 24. Prison Educational Unit.

§400. Purpose.

The Secretary of Education will maintain a Prison Educational Working Group which will provide educational services for the Department of Correction.

§401. Staffing.

Department of Correction's Educational Services shall be provided by utilizing FTEs. of which up to 4.0 shall be authorized as teachers/supervisors, authorized as teachers, minimum of 10.0 authorized teachers will be Career and Technical Education Teacher, 3.0 authorized as secretaries for the Department of Education.Prison Educational Program, 2.0 of these authorized secretaries will be located within a correctional facilities served. 2.0 authorized as Educational Diagnostic for all correctional facility locations and 1.0 Education Associate dedicated directly to operating the Prison Education Program.

§402. Qualifications.

The qualifications of employees for the prison education program, except secretaries, shall be the same as those qualifications for employees in public high schools.Teachers/supervisors shall have teaching responsibilities as defined by job responsibilities and duties developed by the Department of Education.

§403. Job Duties.

Teachers/supervisors shall have teaching responsibilities as defined by job responsibilities and duties developed by the Department of Education.

§404. Salary.

Salary for employees in the prison education program when paid from funds of this State, shall be in accordance with regularly adopted salary schedules set forth in Title 14 Del. Code Ann. Chapter 13. The salary so computed shall be divided by 0.7 for 10 months employment. If employed on an 11 or 12 month basis, the 10 month amount shall be multiplied by 1.1 or 1.2 respectively. In addition to the above calculation, teachers and teachers/supervisors are qualified for professional development clusters in accordance with Title 14 Del. Code Ann. Chapter 13 §1305(1) shall receive an additional amount equal to the approved cluster percentage multiplied by the base salary amount defined in Title 14 Del. Code Ann. Chapter 13 §1305(b). This calculation shall not be increased for 11 or 12 month employment. The percentage shall only be applied to the base 10 month salary for 10, 11, 12 month employees. In accordance with Title 14 Del. Code Ann. Chapter 13 §1305(p) the cluster percentage is capped at 15 percent.

Employees whose primary job location is onsite within the institution shall also receive hazardous duty supplements as provided in the Merit System as defined in 29 Del. C. Ch. 59. Teachers/supervisors shall receive an administrative supplement of 4 to 8 percent to be determined by the Department of Education within the approval of the Co-Chairs of the Joint Finance Committee.

Students served under this program shall not be included in the calculation for unit count purposes as defined in Title 14 Del. Code Ann. Chapter 17.The Director of the Office of Management and Budget and Controller General may transfer funds between lines and departments to pay for this program.

In the event, the Director of the Office of Management and Budget and Controller General may transfer funds between lines and departments to pay for this program.

§405. Department of Correction Training Program.

Persons hired for the Prison Educational unit shall complete a Department of Correction Training Program before working within correctional facilities.

§406. Security Classification.

Prison Educational Personnel are required to maintain their security classification with the Department of Correction. Loss of security classification shall cause immediate suspension of access to correctional facilities.

§407. Renewal of Training.

Prison Educational Personnel are required to attend correctional security refresher training a minimum of every three years. Training shall be developed and provided by Department of Correction's Staff Training Personnel.

§408. Governor's Advisory Council's Review.

Governor's Advisory Council for Exceptional Citizens (GACEC) shall meet annually with Department of Education and Department of Correction representatives for review and assess the operation of the of the Prison Educational Program. To facilitate its review, the Council shall conduct a site visit at least every other year which will include interviews with administrators, inmates, instructional staff and security staff.The GACEC is authorized to obtain data information from the Department of Education and will have access to records as part of its review.The Council will include findings related to site visits and program review and assessment in its annual report.

§409. Assignment of Duties.

Excluding the Education Associate to operate the Prison Educational program and one secretary, all other employees shall be assigned and perform their duties within the grounds of a correctional facility.

§410. Hiring of Prison Educational employees.

a) Department of Correction's Staff Training Unit shall provide a minimum of one member to the employee application review committee for the selection of applications to move forward to the interview committee.

b) Department of Correction's Bureau of Prisons shall provide a minimum of one member to the interview committee for the selection of new employees.

c) Department of Education shall provide names of all selected new employees to the Department of Correction a minimum of 10 working days before the starting date of a scheduled Department of Correction Training Program set forth in §2402 of this chapter.

§411. Materials, Equipment and Perishable Supplies.

The Department of Education shall include within its annual budget request, not less than $4,000.00 and not more than $10,000.00 as a line item funding for materials, equipment and perishable supplies for their Trade and Industrial Education, Skilled and technical Sciences, Career and Technical Education, Career Technical Education or Career-Technical Education programs provide within Delaware's Correctional Facilities.


SYNOPSIS

Section 1 of this Act appropriates 39.7 FTEs, of which up to 4.0 shall be authorized as teachers/supervisors, 31.7 authorized as teachers, 3.0 authorized as secretaries for the Department of Education and 1.0 Education Associate to operate the Prison Education Program (an additional 5.7 positions are authorized in the Department of Correction for the Prison Education Program).The qualifications for employees for the prison education program, except secretaries, shall be the same as the qualifications for employees in public high schools.Teachers/supervisors shall have teaching responsibilities as defined by job responsibilities and duties developed by the Department of Education.

Salary for employees in the prison education program when paid from funds of this State, shall be in accordance with the regularly adopted salary schedules set forth in 14 Del. C. c. 13.The salary so computed shall be divided by 0.7 for 10 months employment.If employed on an 11 or 12 month basis, the 10 month amount shall be multiplied by 1.1 or 1.2 respectively.In addition to the above calculation, teachers and administrators qualifying for professional development clusters in accordance with 14 Del. C. §1305(l) shall receive an additional amount equal to the approved cluster percentage multiplied by the base salary amount defined in 14 Del. C. §1305(b).This calculation shall not be increased for 11 or 12 month employment.The percentage shall only be applied to the base 10 month salary for 10, 11 and 12 month employees.In accordance with 14 Del. C. §1305(p), the cluster percentage is capped at 15 percent.Employees whose primary job location is onsite within the institution shall also receive hazardous duty supplements as provided in the Merit System.Teachers/supervisors shall receive an administrative supplement of 4 to 8 percent to be determined by the Department of Education with the approval of the Co-Chairs of the Joint Finance Committee.

Students served under this program shall not be included in the calculation for unit count purposes as defined in 14 Del. Co. c. 17.The Director of the Office of Management and Budget and Controller General may transfer funds between lines and departments to pay for this program.

In the event, the Director of the Office of Management and Budget purposes or implements a position attrition or complement reduction initiative, the Director shall clearly indicate the Co-Chairs of the Joint Finance Committee when positions outlined in this section are included in said initiative(s).

Author:Sen. Ennis

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