Current through Register Vol. 54, No. 12, March 23, 2024
(a) When a strike
occurs, the superintendent of the district shall notify the Department if
instruction will be offered during the strike. If instruction is not offered
during the strike, the district will not be allowed to count its students as
being in membership for purposes of calculating the ADM of the
district.
(b) If the district
attempts to offer instruction during the strike, the following procedures
apply:
(1) If there is an attempt to bring
students in for instruction on the first day of the strike, the district shall
be allowed to count its students as being in membership on that day for
purposes of computing the membership figures of the district.
(2) On the second day of the strike and
thereafter, the Department will arrange for a team to visit the district to
ascertain the following facts:
(i) The degree
to which the provisions of Chapter 5 (Reserved) are being met.
(ii) Whether personnel instructing students
are properly certificated and, if substitutes are used, whether they are
properly approved by the school board.
(3) School district staff and personnel shall
fully cooperate with the Department team.
(4) Within a week of the termination of the
strike, the Department team will submit a report to the Commissioner of Basic
Education.
(5) The Commissioner
will then prepare and submit a preliminary report to the superintendent of the
school district for review and comment. The superintendent may, within 10 days
of the receipt of the preliminary report, submit comments to the
Commissioner.
(6) The Commissioner
will then prepare a final report incorporating the comments of the
superintendent. On the basis of this report, the Commissioner will determine if
all or part of the instruction offered on each day of the strike was
appropriate for purposes of subsidy reimbursement.
(c) If the instruction is found to be
inappropriate by the Commissioner, the district will not be allowed to count
those students who were in attendance as part of the membership figures of the
district.
(d) If the instruction is
found to be appropriate by the Commissioner, then the following totals shall be
ascertained:
(1) The number of minutes of
approved instruction offered to the students each day during the
strike.
(2) If the number of
minutes determined in paragraph (1) is equal to the average minutes per day on
the calendar of the school, then ADM shall be calculated as set forth in §
329.3(1)
(relating to computations).
(3) If
the number of minutes determined in paragraph (1) for any day is less than the
average minutes per day on the calendar of the school, then ADM shall be
multiplied by the following fraction:
| total minutes of approved instruction per day |
| ____________________________________ |
| average minutes per day on calendar |
This product shall be the membership for each day of the
strike.
