title-14•14 Del. Admin. Code — Education
# 14 Del. Admin. Code — Education
## **100** Accountability
### **101** State Assessment System
##### **14 Del. Admin. Code § 101-1.0** Purpose and Definitions {#sec-101-1.0 omnilex-key=us-de-regs-official--title-14--101-1.0}
1.1 The purpose of this regulation is to outline the procedures, criteria, and responsibilities related to the state assessment system required pursuant to 14 Del.C. §151.
1.2 Definitions
The following words and terms, when used in this regulation, shall have the following meaning:
“Alternate achievement standards” means targets that define how well and how much students should know and do in the content to be considered proficient on the alternate assessment.
“Alternate assessment” means an assessment which is based on Alternate Achievement Standards which is designed for students with the most significant cognitive disabilities who cannot participate in the General Assessment even with appropriate accommodations. Per subsection 4.1, there are 2 types of alternate assessment in Delaware – Selected Response Alternate Assessment and Portfolio Alternate Assessment.
“College readiness assessment” means the statewide assessment used to measure student achievement of content standards and skills necessary to be successful in post-secondary education.
“Delaware System of Student Assessment” or “DeSSA” means the statewide system of assessments designed to measure student achievement of state content standards, including, but not limited to, general assessments measuring student achievement based on grade-level academic standards, alternate assessments based on alternate achievement standards for students with the most significant cognitive disabilities, a college readiness assessment, an assessment for English Learners, a norm referenced assessment; or any assessment that may be administered or required as determined by the Department of Education for use in Delaware public schools.
“Department” means the Delaware Department of Education.
“District Test Coordinator” means an educator assigned by the district or charter school to be the primary contact for DeSSA information. The District Test Coordinator is responsible for coordinating the administration of state assessments within the district or charter. The District Test Coordinator is also required to complete training and be knowledgeable of proper test administration and test security, and ensure that all personnel assigned to testing are adequately trained in proper test administration and test security.
“English language proficiency assessment” means an assessment that is intended to measure a non-native English speaker’s English proficiency in reading, writing, speaking, and listening. The English language proficiency alternate assessment is a similar assessment for students with significant cognitive disabilities.
“Extended standards” means statements describing concepts and skills aligned to the content standards for English Language Arts and Literacy, Mathematics, Science, and Social Studies.
“General assessment” means the statewide assessment used to measure student achievement of the content standards for English Language Arts and Literacy, Mathematics, Science, and Social Studies. This assessment does not include students who participate in an alternate assessment.
“Invalidation” means a response to an event or situation that occurs during the administration of an assessment which may result in a statistically unreliable or invalid score report for a student.
“Local educational agency” or “LEA” means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency and any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
“National Assessment for Education Progress” means a norm referenced assessment used statewide in selected schools and grades to measure academic achievement in various content areas including English Language Arts and Literacy, Mathematics, and Science.
“Portfolio alternate assessment” means a form of alternate assessment aligned to the extended standards in English Language Arts and Literacy, Mathematics, Science, and Social Studies, in which evidence such as work samples, data sheets, photos or videos is gathered by the test administrator to document student achievement.
“School Test Coordinator” means the educator assigned by the school to be the primary contact for DeSSA information at the school level. The School Test Coordinator is responsible for coordinating the administration of state assessments within the school. The School Test Coordinator is also required to complete training and be knowledgeable of proper test administration and test security and ensure that all personnel assigned to testing are adequately trained in proper test administration and test security.
“Selected response alternate assessment” means a form of alternate assessment aligned to the extended standards in English Language Arts and Literacy, Mathematics, Science, and Social Studies, in which the questions are presented to the student, and the student response is recorded by the test administrator to document student achievement.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-2.0** Delaware System of Student Assessments (DeSSA) {#sec-101-2.0 omnilex-key=us-de-regs-official--title-14--101-2.0}
2.1 Delaware System of Student Assessments (DeSSA) is the statewide system of assessments used to measure student achievement which includes the following:
2.1.1 General assessments for both English Language Arts and Literacy and Mathematics; and
2.1.2 General assessments for both Science and Social Studies; and
2.1.3 Alternate assessments based on alternate achievement standards for English Language Arts, Mathematics, and Science; and
2.1.4 Other assessments such as an assessment for English Learners, a norm referenced assessment, a college readiness assessment or any assessment that may be administered or required as determined by the Department.
2.2 All LEAs shall administer all applicable, required components of the DeSSA, including field test administrations. Any student repeating a grade level shall take any components of DeSSA that are required for that given grade level.
2.3 The Department shall determine the dates upon which the DeSSA assessments shall be administered, and will advise the LEAs of those dates.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-3.0** General Assessments {#sec-101-3.0 omnilex-key=us-de-regs-official--title-14--101-3.0}
3.1 General assessments shall be administered to:
3.1.1 All students in grades 3 through 8 and 11 in the areas of English Language Arts and Literacy and Mathematics;
3.1.2 All students in grades 5 and 8 in Science and students taking a high school Biology course; and
3.1.3 All students in grades 4 through 8 and 11 in Social Studies.
3.2 All students in tested grades in need of designated supports and accommodations shall be tested according to the Department's Accessibility Guidelines for the Delaware System of Student Assessments (DeSSA), as DeSSA may from time to time be amended.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-4.0** Alternate Assessments {#sec-101-4.0 omnilex-key=us-de-regs-official--title-14--101-4.0}
4.1 There are 2 types of alternate assessment that shall be available to students in Delaware: selected response alternate assessment and portfolio alternate assessment.
4.2 Annual written notice of assessment options in a format and timetable approved by the Department, shall be provided to parents of students with disabilities who may be eligible to participate in an alternate assessment and shall:
4.2.1 Describe the purpose of statewide alternate assessments;
4.2.2 Identify the available statewide assessment options including general and alternate assessments; and
4.2.3 Identify the process by which a parent may initiate consideration of a student for portfolio alternate assessment.
4.3 Selected Response Alternate Assessment. Participation in the selected response alternate assessment is an annual decision made by the Individualized Education Program (IEP) team through consideration of the criteria outlined in the Alternate Assessment Participation Guidelines.
4.4 Portfolio Alternate Assessment
4.4.1 A parent who believes that his or her child would not, despite accommodations, produce valid results on the selected response assessment may submit a written request to the LEA, in a uniform format as determined by the Department, no later than October 15th of the school year for which the portfolio alternate assessment is sought. For students who transfer into the LEA after October 15th, the process for participation in the portfolio alternate assessment will be outlined in the Portfolio Alternate Assessment Participation Guidelines.
4.4.2 Upon receipt of the written request, the LEA shall convene an IEP meeting to consider the parent's request. The Department shall be informed of any student participating in the portfolio alternate assessment by December 15th of the school year for which the portfolio alternate assessment is sought.
4.4.3 Participation in the portfolio alternate assessment is an annual decision made by the IEP team including the LEA representative (e.g. administrator/designee) through consideration of the criteria outlined in the Portfolio Alternate Assessment Participation Guidelines.
4.4.4 In no event shall an IEP team, school or district advocate for parents to exercise the right to request a portfolio alternate assessment.
4.5 Procedure for Design and Evaluation of Portfolio Alternate Assessments
4.5.1 The portfolio alternate assessment shall be a state developed assessment with the components of the design and evaluation determined by the Department, in consultation with stakeholder groups (e.g., Governor's Advisory Council for Exceptional Citizens) and its assessment provider.
4.5.2 The portfolio alternate assessment shall assess students on Delaware's extended standards in English Language Arts (including communication), Mathematics, Science, and Social Studies as well as additional domains such as life skills, self-determination, community-based instruction, or vocational training. The additional domains may be aligned with students' IEP goals, but are not limited to skills on the IEP.
4.5.3 Educators shall gather and document evidence of student achievement with regard to the content standards and additional domain areas, in accordance with the portfolio design and student progress criteria as determined by the Department, in consultation with stakeholder groups (e.g., Governor's Advisory Council for Exceptional Citizens) and its assessment provider.
4.5.4 Portfolios submitted by teachers on behalf of students shall be evaluated using a scoring rubric as determined by the Department, in consultation with stakeholder groups (e.g., Governor's Advisory Council for Exceptional Citizens) and its assessment provider. Only the portions of the portfolio aligned to the extended standards shall be included in the State, LEA and school accountability.
4.6 Alternate Assessment - Unusual Number Review
4.6.1 Combined Alternate Assessment Review
4.6.1.1 At the end of each test window the Department shall calculate the number of students receiving a Performance Level 3 and 4 in both the selected response alternate assessment and the portfolio alternate assessment for each LEA.
4.6.1.2 If that number exceeds 1% of the total number of students participating in the general assessment and alternate assessment combined within that LEA, the Department shall conduct a review.
4.6.2 Portfolio Alternate Assessment Review
4.6.2.1 At the end of each test window the Department shall calculate the number of students participating in the portfolio alternate assessment for each LEA.
4.6.2.2 If that number exceeds 10% of the total number of students participating in both the selected response alternate assessment and portfolio alternate assessment within that LEA, the Department shall conduct a review.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-5.0** Levels of Performance {#sec-101-5.0 omnilex-key=us-de-regs-official--title-14--101-5.0}
5.1 There shall be 4 levels of student performance relative to the content standards on the State’s general and alternate assessments administered to:
5.1.1 All students in grades 3 through 8 and 11 in English Language Arts and Literacy and Mathematics; and
5.1.2 All students in grades 5 and 8 in Science, and students taking a high school Biology course; and
5.1.3 All students in grades 4 through 8 and 11 in Social Studies.
5.2 The cut points for Performance Levels 1 through 4 shall be determined by the Department with the consent of the State Board of Education, using advice from a standard setting body. The standard setting body shall utilize a proven method for setting standards on test instruments that utilizes student assessment data in making the recommendation. Said levels are defined and shall be determined as follows:
5.2.1 Performance Level 4: A student's performance in the tested domain goes well beyond the fundamental skills and knowledge required for students to be at adequate understanding. Students in this category show mastery and thorough understanding of the Delaware content standards beyond what is expected at the grade level. The cut points for Performance Level 4 shall be determined by the Department, with the consent of the State Board of Education.
5.2.2 Performance Level 3: A student's performance in the tested domain indicates an understanding of the fundamental skills and knowledge articulated in the Delaware content standards. Students in this category show mastery and have adequate understanding of the Delaware content standards at grade level. The cut points for Performance Level 3 shall be determined by the Department, with the consent of the State Board of Education.
5.2.3 Performance Level 2: A student's performance in the tested domain shows a partial or incomplete understanding of the fundamental skills and knowledge articulated in the Delaware content standards. The cut points for Performance Level 2 shall be determined by the Department, with the consent of the State Board of Education.
5.2.4 Performance Level 1: A student's performance in the tested domain shows minimal understanding and evidence of an inability to apply the fundamental skills and knowledge articulated in the Delaware content standards.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-6.0** Other Indicators of Student Performance (Suspended pursuant to the annual appropriations bills beginning in FY08) {#sec-101-6.0 omnilex-key=us-de-regs-official--title-14--101-6.0}
6.1 Local school districts and charter schools may consider other indicators of student performance relative to the state content standards pursuant to 14 Del.C. §153 when determining the placement of students who score at Level 1 or Level II on a mandated retake of a portion of the DCAS. Pursuant to 14 Del.C. §153, local school districts and charter schools may also consider other indicators of student performance relative to the state content standards when determining if a student may advance to the next grade level without attending summer school. The only other indicators of student performance that may be considered by a local school district or charter school are: student performance on district administered tests pursuant to 14 Del.C. §153; student performance on end of course assessments; student classroom work products and classroom grades supported by evidence of student work that demonstrates a student’s performance pursuant to 14 Del.C. §153.
6.2 Any local school district or charter school planning to use other indicators of student performance shall submit the proposed indicators to the Department by September 1st of each year.
6.2.1 Any such submission must include a demonstration of how an indicator of student performance aligns with and measures state content standards and the level of performance required to demonstrate performance equivalent to meeting state content standards.
6.2.2 Any proposed indicators of student performance must be approved by the Department of Education following consultation with the State Board of Education.
6.3 An academic review committee composed of educators in the student’s local school district or charter school may then determine if a student has demonstrated proficient performance relative to the state content standards using evidence from the other indicators of student performance as approved by the Department.
6.3.1 The academic review committee shall be composed of two classroom teachers from the student’s tested grade, one classroom teacher from the grade to which the student may be promoted, one school counselor or other student support staff member and two school building administrators.
6.3.2 The supervisor of curriculum or instruction for the school district or charter school or designee shall chair the committee.
6.3.3 Placement of students with disabilities who are eligible for special education and related services is determined by the student’s IEP team.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-7.0** Individual Improvement Plan (IIP) (Suspended pursuant to the annual appropriations bills beginning in FY08) {#sec-101-7.0 omnilex-key=us-de-regs-official--title-14--101-7.0}
7.1 The following students are required to have an Individual Improvement Plan: Students who score below Level 3 Meets the Standard, on the reading portion of the 3rd, 4th, 5th, 6th, 7th, or 8th grade DCAS or the mathematics portion of the 6th, 7th, or 8th grade DCAS shall have an Individual Improvement Plan prepared by school personnel and signed by the teacher(s), principal or designee and the student’s parent, guardian or Relative Caregiver.
7.2 The Individual Improvement Plan shall be on a form adopted by the student’s school district or charter school. The IIP shall be placed in a student’s cumulative file and shall be updated based on the results of further assessments. Such assessments may include further DCAS results as well as local assessments, classroom observations or inventories. For students with an Individualized Education Program (IEP), the IEP shall serve as the Individual Improvement Plan (IIP).
7.3 The Individual Improvement Plan shall at a minimum identify a specific course of study for the student that the school will provide and the academic improvement activities that the student shall undertake to help the student progress towards meeting the standards. Academic improvement activities may include mandatory participation in summer school, extra instruction and mentoring programs.
7.4 The Individual Improvement Plan shall be prepared by school personnel and signed by the teacher(s), principal or designee and the student’s parent, guardian or Relative Caregiver who must sign and return a copy of the student’s Individual Improvement Plan to the student’s school by the end of the first marking period.
7.5 Disputes initiated by a student’s parent or legal guardian or Relative Caregiver concerning the student’s IIP shall be decided by the academic review committee. Any dispute concerning the content of a student’s IEP is subject to resolution in conformity with 14 DE Admin. Code 900.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-8.0** Summer School Programs for Students in Grades 3, 5, and 8 as required pursuant to 14 Del.C. §153 (Suspended pursuant to the annual appropriations bills beginning in FY08) {#sec-101-8.0 omnilex-key=us-de-regs-official--title-14--101-8.0}
8.1 Summer school programs shall be provided by the student’s district of residence with the following exceptions:
8.1.1 Where a student attends another district as a result of school choice or attends a charter school, the district of choice or charter school shall provide the summer school program.
8.1.2 Where by mutual agreement of both districts or a charter school and the student’s parent, guardian or Relative Caregiver, another district provides services.
8.1.3 Where by mutual agreement of the student’s school district or a charter school and the student’s parent, guardian or Relative Caregiver, the parent, guardian or Relative Caregiver arranges for summer school instruction to be provided outside the public school system. Under such conditions the parent, guardian or Relative Caregiver shall be responsible for the cost of providing nonpublic school instruction unless the districts or the charter school and parents or guardian agree otherwise. Requirements for secondary testing shall be met.
8.1.4 Where a student has been offered admission into a career technical school district or charter school, that district or charter school may provide summer school services.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-9.0** State of Delaware High School Diploma Requirements (Suspended pursuant to the annual appropriations bills beginning in FY08) {#sec-101-9.0 omnilex-key=us-de-regs-official--title-14--101-9.0}
9.1 Students who graduate from a Delaware public high school shall meet the following requirements for receipt of a traditional State of Delaware diploma:
9.1.1 The student shall meet all of the requirements as specified in 14 DE Admin. Code 505, and shall meet any other additional criteria as determined by the local district or charter school; and
9.1.2 The student shall demonstrate proficient levels of performance relative to the State content standards in reading, mathematics, science and social studies. The student may demonstrate proficient levels of performance through Other Academic Indicators.
9.1.3 A student who does not demonstrate proficient performance relative to the state content standards by January 1 of the year in which the student is scheduled to graduate; or who has enrolled from another state or nonpublic school in Delaware during the school year in which the student is scheduled to graduate shall have the school or charter school academic review committee review additional Other Academic Indicators of student performance for purposes of satisfying 9.1.2 of this regulation. The only Other Academic Indicators of student performance that may be considered by a local school district or charter school are: student performance on district administered tests pursuant to 14 Del.C. §153(e); student performance on end of course assessments; student classroom work products; and classroom grades supported by evidence of student work that demonstrates a student’s performance pursuant to 14 Del.C. §153(a). The district or charter school shall make the determination of whether the student has demonstrated proficient performance relative to the state content standards.
9.1.3.1 Any local school district or charter school planning to use Other Academic Indicators of student performance shall submit the other academic indicators to the Department, for recording and filing purposes only, by September 1st of each year.
9.1.3.2 An academic review committee composed of educators in the student's local school district or charter school may then determine if a student has demonstrated proficient performance relative to the state content standards using evidence from the Other Academic Indicators of student performance.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-10.0** Security and Confidentiality {#sec-101-10.0 omnilex-key=us-de-regs-official--title-14--101-10.0}
10.1 In order to assure uniform and secure procedures, the DeSSA shall be administered pursuant to the DeSSA Test Security Manual, as DeSSA may, from time to time, be amended.
10.1.1 Every district superintendent, charter school leader, District Test Coordinator, school principal, and School Test Coordinator shall sign the certification provided by the Department regarding assessment security before, during and after assessment administration.
10.1.2 All individuals participating in the administration of any general and alternate assessment shall complete corresponding training and affix their signature to the DeSSA Security Form. These individuals include district superintendents, charter school leaders, District Test Coordinators, School Test Coordinators, school principals, school counselors, certified teachers, and any non-certified professional or support staff.
10.1.3 Violation of the security or confidentiality of any assessment required by the Delaware Code and Title 14 of the Delaware Administrative Code shall be prohibited.
10.1.4 Procedures for maintaining the security and confidentiality of an assessment shall be specified in the appropriate assessment administration materials, as determined by the Department pursuant to 14 Del.C. §170 through §174.
10.2 Procedures for Reporting Security Incidents
10.2.1 School Test Coordinators shall report any potential test security incidents to the District Test Coordinators immediately following procedures established by the Department.
10.2.2 District Test Coordinators shall report all potential test security incidents immediately to the State Director of the Office of Assessment following procedures established by the Department.
10.2.2.1 Within 5 working days of the incident the District Test Coordinator shall file a written report with the State Director of the Office of Assessment that includes the sequence of events leading up to the situation, statements by everyone interviewed, and any action either disciplinary or procedural, taken by the district or charter school.
10.2.2.2 Following a review of the report by the State Director of the Office of Assessment and the Associate Secretary, an investigator from the Department may be assigned to verify the district or charter school report.
10.2.2.3 The assigned investigator shall meet with the district or charter school personnel involved in the alleged violation. The meeting will be scheduled through the District Test Coordinators, and the investigator shall be provided access to all parties involved and to any witnesses. The assigned investigator will investigate with due diligence towards timely resolution.
10.2.2.4 The investigator shall report the findings to the Associate Secretary. Following the review, the Associate Secretary shall make a decision and recommendations for further actions including licensure actions in accordance with 14 Del.C. §1218.
10.2.2.5 All information and records shall be kept by the Investigations Unit of the Department, per its standard protocol. The assigned investigator will investigate with due diligence towards timely resolution.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-11.0** Procedures for Reviewing Secure Materials from the State Assessment System {#sec-101-11.0 omnilex-key=us-de-regs-official--title-14--101-11.0}
11.1 A student’s current teacher, an eligible student, or a student’s parent, guardian, or relative caregiver may request to review the general assessment questions for a specific student or students subject to the following provisions:
11.1.1 Any request to review a general assessment item shall be done on a form developed by the Department which will include a list of permissible item types for review. The completed and signed form shall be sent to the State Director of the Office of Assessment.
11.1.2 A teacher’s request shall include an appropriate reason for reviewing the student’s assessment. Appropriate reasons shall include the following: concerns about incorrect scoring; suspicion of misattribution of scores; or other reasons acceptable to the Department.
11.1.3 The Department shall be allowed sufficient time to secure a copy of the student’s assessment questions and corresponding responses from the assessment vendor.
11.1.4 The Department shall arrange a mutually convenient time and location for a meeting to review the assessment information with the requesting individuals. At the time of the appointment, the individual shall: provide proper identification upon arrival, sign a confidentiality document, remain with a Department staff member while reviewing the assessment questions, and take nothing out of the viewing area.
11.1.5 The Department shall review the procedures for viewing the items for a specific student or students, assist the individuals with understanding the score results, and keep records of all reviews.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
##### **14 Del. Admin. Code § 101-12.0** Invalidations and Special Exemptions {#sec-101-12.0 omnilex-key=us-de-regs-official--title-14--101-12.0}
12.1 There may be invalidations for students taking any general or alternate assessments. An invalidation is a response to an incident, event, or situation that occurs during the administration of the assessments which may result in a statistically unreliable or invalid score report for a student. Invalidating a student's test eliminates the test results, and the student does not receive a valid score for accountability purposes, and the student is not counted as a participant in the assessment. The Department may invalidate any test under the following conditions:
12.1.1 A test security breach;
12.1.2 An improper or irregular administration resulting in unreliable scores, whether intentional or accidental; or
12.1.3 Student misconduct resulting in unreliable scores.
12.2 After reviewing the circumstances of an incident, the Department may elect only to document the above conditions as testing irregularities rather than to invalidate the test.
12.3 Reporting of events or situations that occur during assessment.
12.3.1 The school building principal or designee shall notify the District Test Coordinator in writing within 24 hours of incidents, events, or situations that the principal reasonably believes may result in an invalid score report for a student.
12.3.2 The District Test Coordinator shall notify the Department staff person assigned to the district or charter school for assessment security purposes as soon as the Coordinator learns of events or situations which may result in invalidation. The District Test Coordinator shall submit an Incident Report Form within 3 business days of the events. Written reports from the building principal or designee and any staff must be included with the Incident Report.
12.3.3 The State Director of the Office of Assessment for the Department shall determine whether the reported events warrant invalidating a student’s score and such decision shall be final.
12.4 There may be special exemptions for students in grades 3 through 8 and 11 for English Language Arts and Literacy and Mathematics; students in grades 5 and 8 in Science, and students taking a high school Biology course; and students in grades 4 through 8 and 11 in Social Studies.
12.4.1 A special exemption may be available when any 1 of the following applies:
12.4.1.1 The student is suffering from severe illness or injuries or the student has recently experienced severe traumatic events;
12.4.1.2 The student is medically admitted to, or is ordered by the court to attend an alternative program;
12.4.1.3 The student is serving time at an adult prison; or
12.4.1.4 Other situations identified by the school and evaluated and approved by the Department.
12.4.2 The District Test Coordinator shall submit a Request for Special Exemption to the State Director of the Office of Assessment at the Department according to the timeline published by the Department. A copy of the healthcare provider’s statement shall be required for subsection 12.4.1.1 in the preceding subsection and shall be maintained as documentation at the school or district.
12.4.2.1 The State Director of the Office of Assessment shall convene a review committee of not less than 3 Department staff to review requests for special exemptions.
12.4.2.2 The Office of Assessment shall decide whether a request for a special exemption should be granted. The Office of Assessment shall notify the District Test Coordinator of the decision. The Office of Assessment decision shall be final.
12.4.3 Consequences of Special Exemptions.
12.4.3.1 Any special exemption granted by the Department is limited to the assessment period for which it was requested and does not carry forward to future assessment administrations.
12.4.3.2 Students who are granted a special exemption shall not be included in the participation rate calculation for school and district accountability pursuant to 14 DE Admin. Code 103, subsection 2.4.
**History**
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *7 DE Reg. 325 (09/01/03)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *7 DE Reg. 51 (07/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *10 DE Reg. 676 (10/01/06)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *8 DE Reg. 425 (09/01/04)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
- *4 DE Reg. 464 (09/01/00)*
- *5 DE Reg. 620 (09/01/01)*
- *5 DE Reg. 2115 (05/01/02)*
- *7 DE Reg. 51 (07/01/03)*
- *7 DE Reg. 325 (09/01/03)*
- *8 DE Reg. 425 (09/01/04)*
- *9 DE Reg. 1175 (02/01/06)*
- *10 DE Reg. 676 (10/01/06)*
- *10 DE Reg. 1425 (03/01/07)*
- *14 DE Reg. 1340 (06/01/11)*
- *18 DE Reg. 556 (01/01/15)*
- *28 DE Reg. 220 (09/01/24)*
### **103** Accountability for Schools, Districts and the State
##### **14 Del. Admin. Code § 103** Accountability for Schools, Districts and the State {#sec-103 omnilex-key=us-de-regs-official--title-14--103}
100 Accountability
103 Accountability for Schools, Districts and the State
1.0 Purpose and Definitions
1.1 Purpose: All public schools, including charter schools, reorganized and career technical school districts and the state shall be subject to the calculation and reporting of Adequate Yearly Progress (AYP) as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S. C.A. §6301 et seq. Additionally, public schools, including charter schools, reorganized and vocational technical school districts shall be subject to the applicable rewards, sanctions and other accountability activities as prescribed in this regulation.
1.2 Definitions:
“Average Daily Attendance (ADA)” shall mean aggregate number of days attended divided by the aggregated possible days of attendance as defined by the district or charter school calendar calculated for those students enrolled in grades Kindergarten through grade 8 of a school, district, or the state.
"Charter School" shall mean a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code.
"Department" or "Department of Education" shall mean the Delaware Department of Education.
“Delaware Comprehensive Assessment System (DCAS)” means the statewide assessment used to measure student achievement of the Delaware academic content standards, including an alternate assessment based on alternate achievement standards for students with the most significant cognitive disabilities, used in the Delaware public schools, and a summative assessment measuring student achievement based solely on grade-level academic content standards or the alternate achievement standards, using only on grade-level items and passages.
"Delaware Department of Education Achievement Metric" shall mean the calculation that is based on the risk and need of each school as demonstrated by its performance on the statewide assessment.
"District" shall mean a reorganized school district or vocational technical school district established pursuant to Chapter 10 of Title 14 of the Delaware Code.
"Elementary School", for purposes of this regulation, shall mean a school with a grade configuration including any of the following: Kindergarten, grade 1, grade 2, grade 3, grade 4, grade 5, or grade 6. However, a school that has grade 6 as its lowest grade level may be considered a Middle School or Secondary School as those terms are defined in this regulation herein.
"ESEA" shall mean the Elementary and Secondary Education Act of 1965 or any reauthorization thereof.
“High School", for purposes of this regulation, shall mean a school with a grade configuration including any of the following: grade 9, grade 10, grade 11, or grade 12. A High School shall also be considered a Secondary School as that term is defined herein.
"Local Educational Agency" or "LEA" means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency and any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
"Middle School", for purposes of this regulation, shall mean a school with a grade configuration with more than one of the following: grade 6, grade 7, or grade 8, but that does not include any grade lower than grade 5.
"Persistently low-achieving school" means
(i) Any Title I school in improvement, corrective action, or restructuring that:
(a) Is among the lowest-achieving five percent of Title I schools in improvement, corrective action, or restructuring or the lowest-achieving five Title I schools in improvement, corrective action, or restructuring in the State, whichever number of schools is greater; or
(b) Is a high school that has had a graduation rate as defined in 34 C.F.R. 200.19(b) that is less than 60 percent for two of the last three years; and
(ii) Any secondary school that is eligible for, but does not receive, Title I funds that:
(a) is among the lowest-achieving five percent of secondary schools or the lowest-achieving five secondary schools in the State that are eligible for, but do not receive, Title I funds, whichever number of schools is greater; or
(b) Is a high school that has had a graduation rate as defined in 34 C.F.R. 200.19(b) that is less than 60 percent for two of the last three years; and
(iii) Any non-Title I eligible secondary school that would be considered a persistently low-achieving school pursuant to one or more of the aforementioned requirements if it were eligible to receive Title I funds.
The determination shall be based on the academic achievement of the "all students" subgroup in the school in terms of proficiency on the assessments under section 1111(b)(3) of the ESEA in reading and mathematics combined; and the school's lack of progress on those assessments over a period of multiple school years in the "all students" subgroup. Proficiency and lack of progress shall be weighted equally.
“Secondary School", for purposes of this regulation, shall mean a school with a grade configuration including any of the following: grade 6, grade 7, grade 8, grade 9, grade 10, grade 11, or grade 12. However, a school that includes grade 6 may be considered an Elementary School or Middle School as those terms are defined in this regulation herein.
“State Assessment System” means the statewide assessment used to measure student achievement of the Delaware academic content standards including an alternate assessment based on alternate achievement standards for students with the most significant cognitive disabilities, and other assessments such as, but not limited to, the National Assessment for Educational Progress (NAEP), a college readiness assessment, an assessment for English Language Learners (ELL), a norm-referenced assessment that may be administered or required as determined by the Department of Education.
7 DE Reg. 57 (07/01/03)
10 DE Reg. 89 (07/01/06)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
2.0 Adequate Yearly Progress (AYP)
2.1 Adequate Yearly Progress shall be determined by the Department of Education for all public schools, including charter schools, reorganized and career technical school districts and the State on an annual basis. In order for a public school, including a charter school, reorganized or vocational technical school district or the State to meet AYP, the aggregate student population and each subgroup of students as identified in ESEA, shall meet or exceed the target for percent proficient, with or without the use of a confidence interval to be determined by the Department of Education, and approved by U.S. Department of Education, in the state assessments of reading and mathematics; 95% of the students as an aggregate and within each subgroup shall participate in the state assessments of reading and mathematics, and the respective entity shall meet the requirements of the Other Academic Indicator(s) as defined in 2.6. Beginning 2011 (2010-11 school year), in calculating the percent proficient, the state shall compare the current year’s percent proficient on the spring summative assessments to the state Annual Measurable Objectives (AMO) in reading and mathematics.
2.1.1 Adequate Yearly Progress shall include three levels: Above Target, Meets Target and Below Target.
2.1.1.1 Above Target shall mean that the school, district, or State in the aggregate student population and for each subgroup exceeds the AMO in reading and mathematics for percent proficient as defined in 2.3 and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6.
2.1.1.2 Meets Target shall mean that the school, district, or State in the aggregate student population and for each subgroup meets the AMO in reading and mathematics with or without the application of a confidence interval for percent proficient as defined in 2.3 or meets the criteria of Safe Harbor defined in 2.5, and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6.
2.1.1.3 Below Target shall mean that the school, district, or State in the aggregate student population and for each subgroup did not meet the AMO in reading and mathematics through the application of a confidence interval for percent proficient as defined in 2.3 or does not meet the criteria of Safe Harbor defined in 2.5, or does not meet the criteria for participation as defined in 2.4 or does not meet the criteria of Other Academic Indicator(s) as defined in 2.6.
2.2 Full academic year for accountability:
2.2.1 For school accountability students enrolled continuously in the school from September 30 through the end of the DCAS summative assessment window of a school year including those students identified in 3.1.1 and 3.1.2, shall be considered enrolled for a full academic year.
2.2.2 For district accountability students enrolled continuously in the district (but not necessarily the same school), from September 30 through the end of the DCAS summative assessment window of a school year, including those students identified in 3.1.1 and 3.1.2, shall be considered enrolled for a full academic year.
2.2.3 For state accountability students enrolled continuously in the state (but not necessarily the same school or district) from September 30 through the end of the DCAS summative assessment window of a school year shall be considered enrolled for a full academic year.
2.3 Proficient: For accountability purposes, students who score at Performance Level 3 (Meets the Standard) or above and who have met the requirements of a Full Academic Year as defined in 2.2 shall be deemed proficient. Students who score at Performance Level 2 (Below the Standard) or Level 1 (Well Below the Standard) who have met the requirements of a Full Academic Year as defined in 2.2 shall not meet the definition of proficient.
2.4 Participation Rate: The participation rate for each subgroup shall be the number of students who participate in the DCAS in grades 3 through 8 inclusive and grade 10 divided by the number of students enrolled in these tested grades during the spring summative assessment period. Students exempted by 14 DE Admin. Code 101.9.0 shall be excluded from the participation rate calculation.
2.5 Safe Harbor: For accountability purposes if a school, district or the State fails to meet the AMO for percent proficient for a given subgroup or for the entity in aggregate, Safe Harbor provisions shall be examined for that group. When the percentage of students in a subgroup not meeting the definition of proficient decreases by at least 10% when compared to the previous year’s data, the participation rate for the population is at least 95%, and the subgroup meets the requirements of the Other Academic Indicator(s) as defined in 2.6. the subgroup will have met AYP.
2.6 Other Academic Indicator(s):
2.6.1 High School: For AYP purposes in 2011 only, the Other Academic Indicator(s) shall be graduation rate as defined as the number of students in one cohort in the aggregate or, as applicable, in a subgroup, who started in the school, the district or the State in 9th grade and graduated four years later or in the time frame specified in the Individual Education Program (IEP), excluding students who earn a GED certificate, divided by the same number plus those that have dropped out during the same four year period. Students who were enrolled, because of accountability sanctions, for a second year in 8th grade while attending high school and entered 10th grade the following year are included in the 9th grade cohort of the year they began attending classes in the high school.
2.6.1.1 The statewide target for the high school Other Academic Indicator shall be a graduation rate of 90% by the school year 2013-2014. The statewide target for 2010-2011 shall be 85.5% and shall increase by 1.5 percentage points each year until 90% is reached in 2013-2014. Beginning with the school year 2009-2010, if the graduation rate is used for Safe Harbor purposes, the high school, or, as applicable, the subgroup, shall either demonstrate an increase of at least 2 percentage points from the previous year’s rate, or meet the established graduation rate statewide target for that year.
2.6.1.2 A school, or, as applicable, the subgroup, that does not increase its graduation rate from the previous year or meet the statewide target for that school year shall be considered as not meeting AYP for that year.
2.6.2 High School: For AYP purposes beginning 2012 (2011-12 school year), the Other Academic Indicator shall be the graduation rate as defined by 34 C.F.R. 200.19.
2.6.2.1 The statewide target for the high school Other Academic Indicator shall be a graduation rate of 90% by the school year 2013-2014. The statewide target for 2010-2011 shall be 85.5% and shall increase by 1.5 percentage points until 90% is reached in 2013-2014. Beginning with the school year 2009-2010, if the graduation rate is used for Safe Harbor purposes, the high school, or, as applicable, the subgroup, shall either demonstrate an increase of at least 2 percentage points from the previous year’s rate, or meet the established graduation rate statewide target for that year.
2.6.2.2 A school, or, as applicable, the subgroup, that does not increase its graduation rate from the previous year or meet the statewide target for that school year shall be considered as not meeting AYP for that year.
2.6.3 Elementary and Middle School: For AYP purposes, the Other Academic Indicator (OAI) for elementary and middle schools shall be the Average Daily Attendance (ADA). The Other Academic Indicator annual statewide target shall be 90%.
2.6.4 For state and district accountability purposes, the state or a district shall be expected to meet the requirements in 2.6.1 or 2.6.2 and 2.6.3.
2.7 Annual Measurable Objective (AMO): The annual measurable objectives for reading/language arts and mathematics shall be determined by the Department of Education and published annually. The annual measurable objectives shall be the same for all schools, districts and subgroups of students.
2.8 Intermediate Target: There shall be seven intermediate targets with the first intermediate target occurring in the 2004-2005 school year. The second intermediate target shall occur in 2006-2007; the third in 2008-2009; the fourth in 2009-2010; the fifth in 2010-2011, the sixth in 2011-2012 and the seventh in 2012-2013. By the end of the school year 2013-2014, all students in all subgroups shall be proficient in reading and mathematics. The intermediate targets shall be calculated using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. §6301 et seq.
2.9 Starting Point: A single statewide starting point shall be calculated for reading and a single statewide starting point shall be calculated for mathematics using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. §6301 et seq.
2.10 Subgroup categories: For AYP purposes, subgroup categories shall be delineated as follows: 1) Children with Disabilities (as per IDEA); 2) Economically Disadvantaged Students, as determined by eligibility for free and reduced lunch program; 3) Students identified as English Language Learners (ELL), as determined by the assessment for English Language Learners (ELL); and 4) Race and ethnicity, to be further divided into African American or Black, American Indian or Alaska Native, Asian American, Native Hawaiian or other Pacific Islander, Hispanic or Latino, White or Caucasian, and Multi-Racial. Such subgroup categories shall include all students eligible for the AYP calculation as further defined throughout this regulation. The “All” categories shall include all students in the entity for which AYP is calculated and who meet all other eligibility criteria for the AYP calculation.
2.11 AYP Determinations
2.11.1 For each public school, including charter schools, reorganized and career technical school districts, and the State, AYP shall be calculated annually.
2.11.2 School AYP: In order to meet AYP, the school shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings.
2.11.3 District AYP: In order to meet AYP, the district shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported and used to determine AYP status and accountability ratings.
2.11.4 State AYP: In order to meet AYP, the State shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported and used to determine AYP status and accountability ratings.
2.11.5 Under Improvement: A school or district shall be deemed Under Improvement if AYP is not met two consecutive years in the same content area of reading or mathematics for percent proficient or for participation rate, or if a school or district in the aggregate does not meet the requirements of the Other Academic Indicator(s) as defined in 2.6.
7 DE Reg. 1692 (06/01/04)
10 DE Reg. 89 (07/01/06)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
3.0 Accountability School and Accountability District
3.1 For AYP purposes, the school or district to which a student's performance is assigned for a full academic year shall be the Accountability School or Accountability District. No student shall have his/her total performance assigned to more than one Accountability School or Accountability District in a given school year.
3.1.1 For a student enrolled in an intradistrict intensive learning center, intradistrict special school, or intradistrict special school program operating within one or more existing school facilities, the district has the option of tracking the assessment scores of the students back to the school of residence or to the school or program that is providing the instruction. The school or program shall be the Accountability School. The district shall communicate its decision regarding this option to the Department of Education by May 15th in any year when a district determines a change is needed. The option that the district decides for accountability purposes for one year shall remain the same for the second year. Further provided, the Department of Education will monitor the assignment of students to ensure students are appropriately assigned. For a student enrolled in interdistrict special schools or programs that have an agreement to serve students from multiple school districts, the special school that provides the instructional program shall be considered the Accountability School for that student. For district accountability purposes, the district of residence shall be the district to which these special school students are included for accountability.
3.1.2 For a student enrolled in an alternative program pursuant to 14 Del.C. Ch.16 or the program serving pregnant students pursuant to 14 Del.C. §203, the Accountability School or District shall be the school/district that assigned such student to the program. The time the students were enrolled in the alternative or transitional program shall be credited to the Accountability School or District.
3.1.3 For a student who participates in a choice program the Accountability School or District shall be the school or district to which the student has been enrolled for the given year.
3.1.4 For accountability purposes, a school shall be considered a new school if: less than sixty percent of the students would have been enrolled in the same school together without the creation of the new school; or it is the first year of operation of a charter school; or two or more grade levels have been added to the school or to a charter school’s charter.
3.1.5 If a school is determined not to be a new school, the school shall receive the accountability rating and related consequences of the school in which the majority of students would attend in that year.
7 DE Reg. 1692 (06/01/04)
10 DE Reg. 89 (07/01/06)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
4.0 Assessment Criteria
4.1 For accountability purposes, a student who tests using non standard accommodations as defined in the Department of Education's Guidelines for the Inclusion of Students with Disabilities and English Language Learners shall:
4.1.1 Not have the earned performance level included in the calculation of proficiency for AYP; and
4.1.2 Be considered a non-participant in the calculation of AYP participation.
4.2 For accountability purposes, a student who answers at least one question, but does not complete that content area of the DCAS shall be assigned a Performance Level 1 (Well Below the Standard) and shall be included in the participation and proficiency calculations for that content area, as applicable, for AYP.
4.3 For accountability purposes, a student with an invalidation or special exemption shall be included in the AYP calculations pursuant to the provisions of 14 DE Admin. Code 101.9.0.
4.4 For accountability purposes, a student participating in alternate assessments shall have that student’s earned performance level included in the AYP calculation consistent with the regulations as prescribed by the federal Elementary and Secondary Education Act (ESEA) 20 U.S. C. §6301 et seq. or Individuals with Disabilities Education Act (IDEA).
4.5 Schools with more than one tested grade shall receive a single accountability rating.
4.6 Student performance in grade 3 shall be apportioned in equal weights in grades 1, 2 and 3 (30% each respectively), and Kindergarten shall be weighted at 10%.
4.7 For AYP purposes the reading percent proficient shall be based on 100% of the DCAS reading assessments.
4.8 For AYP purposes, the mathematics percent proficient shall be based on 100% of the DCAS mathematics assessments.
7 DE Reg. 1692 (06/01/04)
10 DE Reg. 89 (07/01/06)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/018/11)
5.0 State Progress Determinations (Repealed)
7 DE Reg. 1692 (06/01/04)
10 DE Reg. 89 (07/01/06)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
6.0 Performance Classifications
6.1 Schools and districts shall receive one of three levels of performance classification annually which shall be based on AYP determinations.
6.1.1 Superior: Schools or districts in this category shall be Above Target on AYP pursuant to 2.1.1.1.
6.1.2 Commendable: Schools or districts in this category shall be Meets Target on AYP pursuant to 2.1.1.2.
6.1.3 Academic Watch: Schools or districts in this category shall be Below Target on AYP pursuant to 2.1.1.3.
7 DE Reg. 1692 (06/01/04)
10 DE Reg. 89 (07/01/06)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
7.0 Accountability for Schools that are Under Improvement
7.1 Under Improvement Phase 1 -- A school that meets the definition of "Under Improvement" found in 2.11.5 shall, in the first school year after meeting the definition of Under Improvement, be considered in "Under Improvement Phase 1." A school that is in Under Improvement Phase I shall:
7.1.1 Develop a School Success Plan or review and modify its current School Success Plan, outlining specific school improvement activities to be implemented; and
7.1.2 If a school is designated Title I, offer ESEA choice.
7.2 Under Improvement Phase 2 - A school that is identified as Under Improvement Phase 1 pursuant to 7.1 and fails to meet AYP for an additional year shall be considered "Under Improvement Phase 2." Such schools shall:
7.2.1 Amend the School Success Plan to add, at a minimum, one or more of the following options deemed appropriate, if permitted by State and Federal law; and that should be closely aligned with the areas in which the school failed to make AYP. Districts and charter schools may use federal, state or local funding, as permitted by State and Federal law, to implement these initiatives:
7.2.1.1 Development of community partnerships for after school opportunities/tutoring, increasing parental involvement;
7.2.1.2 Educator professional development or mentoring;
7.2.1.3 Supplemental Educational Services as defined in 7.2.2 or other nontraditional services such as credit recovery programs;
7.2.1.4 Performance incentives for Highly Effective Teachers, as defined in 14 DE Admin. Code 106A;
7.2.1.5 Use of family crisis therapists and/or counseling and support programs for students;
7.2.1.6 Technical assistance on budget development/usage, professional development and evaluation, engaging parents and the community;
7.2.1.7 Attendance and school climate initiatives.
7.2.2 Schools designated as Title I shall continue to provide ESEA Choice as defined by ESEA and shall offer eligible students Supplemental Education Services as defined by ESEA. Supplemental Education Services are defined as tutoring and other supplemental academic enrichment services that are designed to increase the academic achievement of students, and are offered in addition to instruction provided during the school day and are of high quality and research-based.
7.3 Corrective Action Phase 1 - A school that is identified as Under Improvement Phase 2 pursuant to 7.2 and fails to meet AYP for an additional year shall enter "Corrective Action Phase 1" status. Districts having schools in this category and charter schools in this category shall:
7.3.1 Develop and implement a Corrective Action Plan for the school that should be closely aligned with the areas in which the school failed to make AYP and that includes at least one of the following, if permitted by State law:
7.3.1.1 Extend the school year or school day for the school:
7.3.1.2 Significantly decrease management authority at school level;
7.3.1.3 Appoint outside expert to advise school on its progress toward making AYP based on its school plan;
7.3.1.4 Restructure internal organizational structure of school;
7.3.1.5 Replace school staff relevant to failure to achieve AYP; or
7.3.1.6 Adopt and fully implement new curriculum including providing appropriate professional development for all relevant staff that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students.
7.3.2 In addition, districts and charter schools shall examine and include one or more of the following items in their Corrective Action Plan as they deem appropriate, if permitted by State law. Districts and charter schools may use federal, state or local funding, if permitted by State and Federal law to implement these initiatives:
7.3.2.1 Institute flexible funding at school level to the extent authorized by applicable law;
7.3.2.2 Provide performance incentives for teachers and principals based in significant part on student achievement;
7.3.2.3 Renegotiate collective bargaining agreements to permit hiring without regard to seniority;
7.3.2.4 Decrease class size;
7.3.2.5 Implement comprehensive instructional reform, including improved instructional program and differentiated instruction;
7.3.2.6 Make changes to scheduling to increase learning time for students and maximize collaboration time for teachers - consider extended learning time, modified or block scheduling; and
7.3.2.7 Increase community-oriented supports, create partnerships with community services programs providing assistance to students outside of school hours, and implement a community-based school model, by which the school would partner with community groups in utilizing school facility to provide extended services to students and the community, which may include permitting student activities at the school after the end of the school day and offering services and support to parents.
7.3.3 Schools designated as Title I shall continue to offer Supplemental Educational Services (as defined in 7.2.2) and Choice as required by ESEA.
7.4 Corrective Action Phase 2 -- A school that is identified as Corrective Action Phase 1 pursuant to 7.3 and fails to meet AYP for an additional year shall enter "Corrective Action Phase 2" status. Districts with schools and charter schools in Corrective Action Phase 2 shall, if permitted by State law:
7.4.1 Continue with the activities of Corrective Action Phase 1 at the school; and
7.4.2 Provide retention incentives for effective educators at the school, subject to funding availability; and
7.4.3 Develop a Restructuring Plan pursuant to 7.5. The district or charter school shall select from the category of options based on the school's outcome on the DOE Achievement Metric based on the assessments taken during Corrective Action Phase 1.
7.4.4 Schools designated as Title I shall continue to offer sSupplemental Educational Services and choice as required by ESEA.
7.5 Restructuring - A school that is identified as Corrective Action Phase 2 pursuant to 7.4 and that fails to make AYP for an additional year shall be considered in "Restructuring," unless that school falls within the category of Partnership Zone schools addressed in 7.6. Districts having schools in Restructuring shall work with the schools to implement the Restructuring Plan developed pursuant to 7.4.3. Charter schools in this category shall implement the Restructuring Plan developed pursuant to 7.4.3. The District or charter school may request funding from the Department for implementation of these provisions. The Restructuring Plan shall include one of the following, if permitted by State law:
7.5.1 For district schools, reopening the school as a public charter school;
7.5.2 Entering a contract with a private management company approved by the Department to operate the school;
7.5.3 Closing the school
7.5.4 Replacing all or most of the school staff (which may include, but may not be limited to, replacing the principal) who are relevant to the school’s failure to make AYP; or
7.5.5 Implementing a major restructuring of the school's governance arrangement that makes fundamental reforms, such as significant changes in the school's staffing and governance and longer school days, to improve student academic achievement in the school and that has substantial promise of enabling the school to make AYP. Whether or not a particular school is showing growth on the DOE Achievement Metric shall be a significant factor in the determination of what type of major restructuring is required pursuant to this provision.
7.6 Partnership Zone Schools - A school that is a Persistently Low-Achieving School and that is determined by the Secretary as likely to benefit from assignment to Partnership Zone Schools status shall be designated as a Partnership Zone School by the Secretary. The Secretary shall determine which Persistently Low-Achieving Schools would benefit from Partnership Zone School status through consideration of the academic achievement of the "all students" group in a school in terms of proficiency on the State's assessments under section 1111(b)(3) of the ESEA in reading and mathematics combined, (ii) the school's lack of progress on those assessments over a number of years and qualitative measures as determined by the Secretary. in consultation with the State Board of Education, Chief School Officers Association, and Delaware State Education Association.
7.6.1 Districts with a Partnership Zone school and Partnership Zone charter schools shall enter a memorandum of understanding ("MOU") between the Department and the district or the charter school. The Partnership Zone MOU shall include the following provisions:
7.6.1.1 Selection of one of the models outlined in section 7.6.2;
7.6.1.2 Provisions for regular oversight of the Partnership Zone school by the Department or its designee;
7.6.1.3 For schools at which a collective bargaining agreement governs its employees, a further agreement between and among the district or charter school, the collective bargaining unit, and the Department addressing those subjects, if any, that may inhibit the schools' successful implementation of its model, including but not limited to:
7.6.1.3.1 Limitations on hiring, reassigning and transferring covered employees into and out of the Partnership Zone school, such as seniority limitations;
7.6.1.3.2 The methodology for determining which teachers will be transferred or reassigned as part of the model;
7.6.1.3.3 Work rules relating to the educational calendar and scheduling of instructional time and non-instructional time,
7.6.1.3.4 Instructional reform;
7.6.1.3.5 Professional development requirements and other specialized training;
7.6.1.3.6 Retention and employment incentives, including performance incentives for effective teachers and principals; and
7.6.1.3.7 Any other subject required by these regulations to be addressed in the Partnership Zone school's selected model.
7.6.1.4 In the event the parties are not able to reach the agreement required by 7.6.1.3 within seventy-five (75) days of notice as a Partnership Zone school, each party shall present its last best offer on the areas of disagreement along with a draft agreement, to the Secretary of the Department, who shall accept one of the last best offers, or reject all of them. Should the Secretary reject all offers, the parties shall have thirty (30) days to confer and present the Secretary revised offers for re-consideration pursuant to this section.
7.6.1.5 Other provisions required by the model or mutually agreed upon by the Department and the district or charter school, which may include the following:
7.6.1.5.1 Instituting flexible funding at school level and oversight of same;
7.6.1.5.2 Engagement of a partner, consultant, education management organization or other alternative leadership structure; and
7.6.1.5.3 Extending learning time and community-oriented supports, including more learning time for students, collaboration time for teachers, enrichment activities, and mechanisms for family and community engagement.
7.6.1.6 Schools designated as Title I shall continue to offer Supplemental Educational Services and choice as required by ESEA.
7.6.1.7 Partnership Zone schools that are not making AYP by the end of the second school year following implementation of the Restructuring Plan shall renegotiate the MOU or select one of the other available models under 7.6.2.
7.6.2 Districts having Partnership Zone schools and Partnership Zone charter schools shall work with the Department to implement a plan from the list below. The District may request funding from the Department for implementation of these provisions.
7.6.2.1 School Closure Model, in which a district closes a school and enrolls the students who attended that school in other schools in the district that are higher achieving that are within reasonable proximity to the closed school and may include, but are not limited to, charter schools or new schools for which achievement data are not yet available;
7.6.2.2 Restart Model, in which a district converts a school into a public charter school pursuant to the requirements of Chapter 5 of Title 14 of the Delaware Code, or closes and reopens a school under a charter school operator, a charter management organization or an education management organization that has been selected through a rigorous review process. A restart model shall enroll, within the grades it serves, any former student who wishes to attend the school.
7.6.2.3 Turnaround Model, in which
7.6.2.3.1 A district or charter school shall:
7.6.2.3.1.1 Replace the principal and grant the principal sufficient operational flexibility (including in staffing, calendars/time, and budgeting) to implement fully a comprehensive approach in order to substantially improve student achievement outcomes and increase high school graduation rates;
7.6.2.3.1.2 Using the Delaware Performance Appraisal system II or any locally adopted competencies to measure the effectiveness of staff who can work within the turnaround environment to meet the needs of students, (a) screen all existing staff and rehire no more than 50 percent; and (b) select new staff;
7.6.2.3.1.3 Implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in the turnaround school;
7.6.2.3.1.4 Provide staff with ongoing, high-quality, job-embedded professional development that is aligned with the school's comprehensive instructional program and designed with school staff to ensure that they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies;
7.6.2.3.1.5 Adopt a new governance structure, which includes, but is not limited to, requiring the school to report to a liaison of the Department or directly to the Secretary;
7.6.2.3.1.6 Use data to identify and implement an instructional program that is research-based and "vertically aligned" from one grade to the next as well as aligned with State academic standards;
7.6.2.3.1.7 Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students;
7.6.2.3.1.8 Establish schedules and implement strategies that provide increased learning time (as defined in this notice); and provide appropriate social-emotional and community-oriented services and supports for students.
7.6.2.3.2 A district may implement other strategies, such as:
7.6.2.3.2.1 Any of the required and permissible activities under the transformation model; or
7.6.2.3.2.2 A new school model (e.g., themed, dual language academy).
7.6.2.4 Transformational Model, in which
7.6.2.4.1 A district or charter school shall:
7.6.2.4.1.1 Replace the principal who led the school prior to commencement of the transformation model;
7.6.2.4.1.2 Use rigorous, transparent, and equitable evaluation systems for teachers and principals that-
7.6.2.4.1.2.1 Take into account data on student growth (as defined in this notice) as a significant factor as well as other factors such as multiple observation-based assessments of performance and ongoing collections of professional practice reflective of student achievement and increased high-school graduations rates; and
7.6.2.4.1.2.2 Are designed and developed with teacher and principal involvement;
7.6.2.4.1.3 Identify and reward school leaders, teachers, and other staff who, in implementing this model, have increased student achievement and high-school graduation rates and identify and remove those who, after ample opportunities have been provided for them to improve their professional practice, pursuant to the Delaware Performance Appraisal System II or any successor thereto, have not done so;
7.6.2.4.1.4 Provide staff with ongoing, high-quality, job-embedded professional development (e.g., regarding subject-specific pedagogy, instruction that reflects a deeper understanding of the community served by the school, or differentiated instruction) that is aligned with the school's comprehensive instructional program and designed with school staff to ensure they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies;
7.6.2.4.1.5 Implement new financial incentives and increase opportunities for promotion and career growth of effective teachers, and provide more flexible work conditions designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in a transformation school;
7.6.2.4.1.6 Use data to identify and implement an instructional program that is research-based and "vertically aligned" from one grade to the next as well as aligned with State academic standards;
7.6.2.4.1.7 Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students;
7.6.2.4.1.8 Establish schedules and implement strategies that provide increased learning time, which means using a longer school day, week, or year schedule to significantly increase the total number of school hours to include additional time for (a) instruction in core academic subjects, including English; reading or language arts; mathematics; science; foreign languages; civics and government; economics; arts; history; and geography; (b) instruction in other subjects and enrichment activities that contribute to a well-rounded education, including, for example, physical education, service learning, and experiential and work-based learning opportunities that are provided by partnering, as appropriate, with other organizations; and (c) teachers to collaborate, plan, and engage in professional development within and across grades and subjects;
7.6.2.4.1.9 Provide ongoing mechanisms for family and community engagement;
7.6.2.4.1.10 Give the school sufficient operational flexibility (such as staffing, calendars/time, and budgeting) to implement fully a comprehensive approach to substantially improve student achievement outcomes and increase high school graduation rates;
7.6.2.4.1.11 Ensure that the school receives ongoing, intensive technical assistance and related support from the district, the Department, or a designated external lead partner organization.
7.6.2.4.2 A district may:
7.6.2.4.2.1 Provide additional compensation to attract and retain staff with the skills necessary to meet the needs of the students in a transformation school;
7.6.2.4.2.2 Institute a system for measuring changes in instructional practices resulting from professional development;
7.6.2.4.2.3 Ensure that the school is not required to accept a teacher without the mutual consent of the teacher and principal, regardless of the teacher's seniority;
7.6.2.4.2.4 Conduct periodic reviews to ensure that the curriculum is being implemented with fidelity, is having the intended impact on student achievement, and is modified if ineffective;
7.6.2.4.2.5 Implement a schoolwide "response-to-intervention" model;
7.6.2.4.2.6 Provide additional supports and professional development to teachers and principals in order to implement effective strategies to support students with disabilities in the least restrictive environment and to ensure that English Language Learner (ELL) students acquire language skills to master academic content;
7.6.2.4.2.7 Use and integrate technology-based supports and interventions as part of the instructional program;
7.6.2.4.2.8 In secondary schools-
7.6.2.4.2.8.1 Increase rigor by offering opportunities for students to enroll in advanced coursework (such as Advanced Placement or International Baccalaureate; or science, technology, engineering, and mathematics courses, especially those that incorporate rigorous and relevant project-, inquiry-, or design-based contextual learning opportunities), early-college high schools, dual enrollment programs, or thematic learning academies that prepare students for college and careers, including by providing appropriate supports designed to ensure that low-achieving students can take advantage of these programs and coursework;
7.6.2.4.2.8.2 Improve student transition from middle to high school through summer transition programs or freshman academies;
7.6.2.4.2.8.3 Increase graduation rates through, for example, credit-recovery programs, re-engagement strategies, smaller learning communities, competency-based instruction and performance-based assessments, and acceleration of basic reading and mathematics skills;
7.6.2.4.2.8.4 Establish early-warning systems to identify students who may be at risk of failing to achieve to high standards or graduate.
7.6.2.4.2.9 Extend learning time and create community-oriented schools, by
7.6.2.4.2.9.1 Partnering with parents and parent organizations, faith- and community-based organizations, health clinics, other State or local agencies, and others to create safe school environments that meet students' social, emotional, and health needs;
7.6.2.4.2.9.2 Extending or restructuring the school day so as to add time for such strategies as advisory periods that build relationships between students, faculty, and other school staff;
7.6.2.4.2.9.3 Implementing approaches to improve school climate and discipline, such as implementing a system of positive behavioral supports or taking steps to eliminate bullying and student harassment; or
7.6.2.4.2.9.4 Expanding the school program to offer full-day kindergarten or pre-kindergarten.
7.6.2.4.2.10 Allowing the school to be run under a new governance arrangement; or
7.6.2.4.2.11 Implementing a per-pupil school-based budget formula that is weighted based on student needs.
7.6.2.5 If a school identified as a Persistently Low-Achieving School has implemented within the last two years an intervention that meets the requirements of the Turnaround, Restart, or Transformation models, the school may continue or complete the intervention being implemented.
7.6.2.6 If elements of the model adopted by a Partnership Zone school with the approval of the Department require funding and are not funded or require statutory authorization and are not so authorized, the school may apply to the Department for an annual waiver of said requirement, and such waiver shall be granted only insofar as compliance with said requirement is rendered impracticable thereby.
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 647 (01/01/11)
14 DE Reg. 1353 (06/01/11)
8.0 Hold Status
A school in Under Improvement, Corrective Action, Restructuring, or Persistently Low-Achieving School status that meets AYP for one year shall hold at its then current level and shall continue to implement the School Success Plan for one year. If the school again meets AYP after the year during which it was held, the school shall be removed from Under Improvement, Corrective Action, Restructuring or Persistently Low-Achieving School status and shall no longer be subject to the requirements of 7.0. A school that does not meet AYP after the year during which it was held shall move to the next category in the continuum without regard to the held year.
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
9.0 Department Responsibilities for Schools Under Restructuring and for Persistently Low-Achieving Schools
9.1 The Department shall provide continuing technical assistance to schools that are in any of the above categories.
9.2 The Department shall assign a School Support Team to schools beginning with Under Improvement Phase 2 and continuing through the Restructuring or Persistently Low-Achieving School phase. The School Support Team shall monitor the school's progress, ensure that all technical assistance and any other supports available are provided to the school, assist the school in developing and implementing its plans, act as a liaison between the Department and the school, and take any other actions deemed appropriate by the Team to provide support to the school.
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
10.0 Process
10.1 The Department shall provide districts and schools with preliminary notification of a school's identification pursuant to 7.0 no later than the end of July following the school year on which the identification is based, and final notice shall be given no later than August 1st.
10.2 Notice -- A district that includes a school or a charter school identified as Under Improvement shall, at least 14 days prior to the start of the upcoming school year, provide the following notification to parents of students enrolled in that school:
10.2.1 Information regarding the school's identification and reason for its identification;
10.2.2 For Title I schools, their right to enroll their child(ren) in a different school as prescribed by ESEA, and for non-Title I schools, information on the Statewide Choice program as prescribed in 14 Del.C.,Chapter 4;
10.2.3 For Title I schools, their right to have their child receive Supplemental Educational Services, as prescribed by ESEA, and for non-Title I schools, supplemental services if provided for in §103.7.0;
10.2.4 How they can be involved in addressing the academic issues that led to identification; and
10.2.5 Any other notifications required by the ESEA regulations.
10.3 Plan Development, Approval, and Modification
10.3.1 Schools receiving notice that they are identified as Under Improvement Phase I shall develop or revise their School Success Plan within three months of their notification. Schools identified as Title I shall also ensure that the ten (10) requirements for schools under improvement, as required in Section 1116(b)(3)(A) of the ESEA, are incorporated in the Success Plan. Schools shall provide the Plan to the district in which the school is located for approval or in the case of a charter school, to the charter school’s board. The district or charter school board shall, within 45 days of receiving a revised School Success Plan from a Title I school, establish a peer review process to assist with review of the Plan. The district or charter school board must promptly review the School Success Plan, work with the school as necessary, and approve the School Success Plan if it meets the ten (10) requirements for schools under improvement as required in Section 1116(b)(3)(A) of the ESEA. The Plan shall be implemented immediately upon approval.
10.3.2 Schools receiving notice that they are identified as Under Improvement Phase II shall modify their School Success Plan as necessary within three months of their notification.
10.3.3 Districts having schools that are identified as in Corrective Action Phase I and charter schools so identified shall develop their Corrective Action Plan within six weeks of their notification and shall provide the Plan to the Department for approval. Following submission, the Department shall collaborate with the school and the district and make any necessary revisions such that the Corrective Action Plan is approved within six weeks of submission. If the school, the district and the Department are unable to agree on the Corrective Action Plan at the end of the six week period, then the Department shall develop the Corrective Action Plan within 4 weeks of that deadline.
10.3.4 Districts having schools that are identified as in Corrective Action Phase II and charter schools so identified shall develop the Restructuring Plan required in 7.5 within three months of their preliminary notification and provide the Restructuring Plan to the Department for review and approval. Prior to the date of submission, the district or charter school shall have performed all necessary steps to ensure that the restructuring choice selected is viable and will be implemented, subject only to approval by the Department. The Department, in consultation with the State Board of Education, shall review and approve the Restructuring Plan, or make comment, and require revisions, if needed within 60 days of submission. If revisions are required, the district or Charter school must submit a final revised Restructuring Plan to the Department by April 30th of the Corrective Action Phase II year for final review and approval. The Department shall approve or disapprove the revised Restructuring Plan within 60 days of submission. If the Department disapproves the Restructuring Plan, the district or charter school submitting the Restructuring Plan shall make another selection from among the Restructuring options in 7.5.1. Department approval of the Restructuring Plan shall be subject to the results of that year's accountability activities. Upon receipt of the final identification for that year, if results show that the school is in Restructuring, the district or charter school shall immediately implement the Restructuring Plan.
10.3.5 Schools that are selected by the Department for participation in the Partnership Zone shall be notified of such selection by September 1st. The district or charter school shall immediately begin negotiating the MOU required by 7.6.1. If the parties to the MOU are unable to agree on the MOU within 120 days, the district or charter school shall select from the Restructuring models found in 7.5.1, 7.5.2, or 7.5.3.
10.3.6 All plans submitted by schools and districts pursuant to 7.0 shall be developed with input from parents, teachers, and outside experts. Such plans shall establish measurable goals/benchmarks for the school. Once a plan is approved, information regarding the plan shall be provided to parents.
10.3.7 In evaluating School Success Plans, Corrective Action Plans, and Restructuring Plans, the Department shall ensure that each such plan satisfies applicable law, reflects input required in 10.3.6, includes measurable goals/benchmarks for the school, and is likely to result in the school improving its performance classification and exiting "under improvement" status.
10.3.8 Provisions in this section are in addition to, and not in lieu of, existing ESEA requirements for Title I schools.
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
11.0 Accountability for Districts that are classified as Under Improvement:
11.1 Under Improvement Phase 1 - A district that meets the definition of Under Improvement found in 2.11.5 shall, in the first school year after meeting the definition of Under Improvement, be considered in "Under Improvement Phase 1." A district that is in Under Improvement Phase I shall revise their District Success Plan within three months of its identification. Districts receiving Title I funds shall also ensure that the 8 requirements for Districts under improvement, as required in Section 1116(c)(7)(A) of the ESEA, are incorporated in the District Success Plan.
11.2 Under Improvement Phase 2 - A district that is identified as Under Improvement Phase 1 pursuant to 11.1 and fails to meet AYP for an additional year shall be considered "Under Improvement Phase 2." Such districts shall evaluate and modify the District Success Plan.
11.3 Corrective Action Phase 1 - A district that is identified as Under Improvement Phase 2 pursuant to 11.2 and fails to meet AYP for an additional year shall enter "Corrective Action Phase 1" status. The Department shall develop a Corrective Action Plan for the district as outlined by Federal ESEA requirements. The Secretary of Education shall investigate the reasons for the continued deficiency of the district's performance and shall consult with the State Board of Education prior to finalizing the Corrective Action Plan. The Corrective Action Plan may include requirements found in 20 U.S.C. Section 6316(c)(10)(C) as permitted by State law and may also include implementation of provisions found in 7.0. The district shall implement the Corrective Action pPlan immediately upon Department approval.
11.4 Under Improvement greater than Corrective Action Phase 2 – A district shall continue with the activities as outlined in 11.3. In addition the Department of Education shall evaluate the Corrective Action Plan and make appropriate modifications as needed.
7 DE Reg. 1692 (06/01/04)
10 DE Reg. 89 (07/01/06)
12 DE Reg. 202 (08/01/08)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)
12.0 Review Process
12.1 A school or district may review school or district level data, including academic assessment data upon which the proposed AYP classification is based. The school or district shall present statistical evidence or other substantive reasons why the AYP classification should be changed before the final classification will be determined.
12.2 The school or district shall file a written notice of review with the Secretary no later than 15 calendar days after receiving preliminary notification of its proposed AYP classification. The request for review shall state with specificity the grounds for the review, and shall be signed by the principal or lead authority of the school, or by the Superintendent of the district. This request for review shall include all supporting evidence and documentation and shall be clear and concise.
12.3 Upon receipt of a written notice of review, the Secretary shall refer the review to his or her designee.
12.3.1 The designee shall be responsible for bringing the review forward to the Review Advisory Committee. The Review Advisory Committee shall be composed of a minimum of three members and assigned by the Secretary.
12.3.2 The Review Advisory Committee shall conduct a review of the statistical evidence or other substantive reasons presented by the school or district.
12.3.3 The Review Advisory Committee shall make a recommendation to the Secretary about whether the proposed AYP classification should remain as is or should be changed.
12.4 The Department of Education shall make a final determination within 30 calendar days from the written notice of review on the proposed AYP classification of the school or district based on the evidence or other substantive reasons presented by the school or district.
7 DE Reg. 1692 (06/01/04)
10 DE Reg. 89 (07/01/06)
10 DE Reg. 1795 (06/01/07)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 647 (01/01/11)
14 DE Reg. 1353 (06/01/11)
### **104** Education Profiles for Schools, Districts, and the State
##### **14 Del. Admin. Code § 104** Education Profiles for Schools, Districts, and the State {#sec-104 omnilex-key=us-de-regs-official--title-14--104}
100 Accountability
104 Education Profiles for Schools, Districts, and the State
1.0 Education Profiles
All public schools, including charter schools, reorganized or vocational-technical school districts and the State shall issue Delaware Public Education Profiles on the state of Delaware’s public school system as required by 14 Del.C. §124A. The profiles shall be provided in a web format as well as an abbreviated print format pursuant to 2.0 of this regulation. The profiles shall be referred to as school, district, and state Profiles respectively. Each website profile shall contain, but need not be limited to, the following information, aggregated at the appropriate level (school, district or state), unless otherwise noted:
1.1 Information on student achievement at each performance level on the state reading, writing, mathematics, science, and social studies academic assessments. Such information shall be disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged except that such disaggregation shall not be required in a case in which the number of students in a category is less than fifteen (15).
1.2 The most recent 2 year trend in student achievement in each of the five content areas as assessed by the DSTP, and for each grade level the assessments are administered;
1.3 The percentage of students not tested in reading/language arts and mathematics disaggregated by the student subgroups as defined in 1.9, except that such disaggregation shall not be required in a case in which the number of students in a category is less than fifteen (15).
1.4 Information that provides a comparison between the actual achievement levels of each student subgroup meeting proficiency and those that have not met proficiency, as defined in 14 DE Admin. Code 103 and the state’s annual measurable objectives for each such group of students in the reading and language arts and mathematics academic assessments;
1.5 Aggregate information of the percent proficient on the combined scores of the science and social studies academic assessments for elementary and middle schools, used as the other indicator to determine Annual Yearly Progress (AYP) of students in achieving the state academic standards disaggregated by student subgroups. Such disaggregation shall not be required in a case in which the number of students is less than fifteen (15).
1.6 For secondary schools only, graduation rate is defined as the number of students enrolled in the school in the ninth grade and who graduate with a diploma four years later, excluding students who earn a GED certificate, divided by the same number plus those who have dropped out during the same four year period, disaggregated by student subgroups. Such disaggregation shall not be required in a case in which the number of students is less than fifteen (15).
1.7 Information on the performance of the school, district, or state regarding making adequate yearly progress, including the number and names of each school identified as Under School Improvement.
1.8 Information regarding the professional qualifications of teachers in the school, district and state, the percentage of such teachers teaching with emergency or provisional credentials, and the percentage of classes in the state not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low poverty schools which means schools in the top quartile of poverty and the bottom quartile of poverty in the State;
1.9 Information pertaining to the AYP status and accountability ratings;
1.10 Information pertaining to school safety and discipline and student attendance;
1.11 Information pertaining to school district administrator to student ratios, school teacher to student ratios and other staffing ratios;
1.12 Information pertaining to pupil and staff demographics;
1.13 Information pertaining to school district revenues, expenditures, tax rates and wealth (district profile only);
1.14 Information pertaining to school curricular offerings (school profile only);
1.15 Information pertaining to parent and community involvement in the school and school district;
1.16 Examples of exemplary programs, successful teaching, school climate or disciplinary strategies and other developments (only in school profile); and
1.17 Other items from time to time that may be required by the federal Elementary and Secondary Education Act.
7 DE Reg. 65 (7/1/03)
11 DE Reg. 1625 (06/01/08)
2.0 Publishing of Profiles
The State shall have the profiles available on the Department of Education website on or before August 1st of each year. In addition, subject to an annual appropriation in the annual state budget act, the school and district profiles shall be published in a print format as determined by the Department that does not exceed four pages. The print format is intended to summarize the detail contained on the website. Notwithstanding the above, the school or district shall provide the full printed copy of the education profile to a citizen upon request.
7 DE Reg. 65 (7/1/03)
11 DE Reg. 1625 (06/01/08)
### **106** Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Repealed, August 1, 2013
##### **14 Del. Admin. Code § 106** Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Repealed, August 1, 2013 {#sec-106 omnilex-key=us-de-regs-official--title-14--106}
THIS REGULATION WAS REPEALED EFFECTIVE 8/11/2013.
**History**
- *8 DE Reg. 431 (9/1/04)*
- *9 DE Reg. 522 (10/1/05)*
- *11 DE Reg. 502 (10/01/07)*
- *13 DE Reg. 1066 (02/01/10)*
- *17 DE Reg. 204 (08/01/13)*
### **106A** Delaware Teacher Growth and Support System (DTGSS)
##### **14 Del. Admin. Code § 106A-1.0** Content {#sec-106a-1.0 omnilex-key=us-de-regs-official--title-14--106A-1.0}
The teacher appraisal process is known as the Delaware Teacher Growth and Support System (DTGSS) and shall be effective for all school districts and charter schools beginning with the 2023-2024 school year. Pursuant to 14 Del.C. §§1270A(b) and 1270A(f), this regulation sets forth the administration of the DTGSS and the process for obtaining a waiver of the provisions of DTGSS.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-2.0** Definitions {#sec-106a-2.0 omnilex-key=us-de-regs-official--title-14--106A-2.0}
In this regulation, the following words and terms shall have the following meaning:
"Administrator" means a licensed educator with administration certification.
"Credentialed Administrator" means an administrator who is responsible for the teacher's summative evaluation. A teacher's required observations as part of the appraisal cycle shall be conducted by the assigned Credentialed Administrator or by the Credential Administrator's appointed credentialed designee. The assigned Credentialed Administrator may designate a school administrator who is also a Credentialed Observer to conduct the required observations.
"Credentialed Observer" means an individual, not always the supervisor of the teacher, who has successfully completed DTGSS credentialing in accordance with Section 10.0. Credentialed Observer means any individual who may conduct observations as part of a teacher’s appraisal process. The term Credentialed Observer encompasses those administrators who are Credentialed Administrators.
"Department" means the Delaware Department of Education.
"Directed Growth Plan" means the plan that is created and managed by the Credentialed Administrator in partnership with the teacher in accordance with Section 8.0.
"DTGSS Guide for Teachers" means the manual that contains the prescribed forms, detailed procedures, specific details about the 4 performance areas of evaluation and other relevant documents that are used to implement the appraisal process.
"Observation" means a minimum of a 15-minute classroom visitation wherein the Credentialed Administrator or Credentialed Observer collects evidence about what is observed.
"Professional Growth Plan" means a plan teachers set at the beginning of the year, including reflection on past performance, professional growth priority, actions, benchmarks, supports needed, timeline and evidence.
"Summative Evaluation" or “Evaluation” means the comprehensive, end-of-year appraisal and shall incorporate the results of the minimum required observations, any additional observations, and required performance-level data. At the discretion of the Credentialed Administrator, it may also include additional observation data, beyond the required observation data, provided by other Credentialed Observers.
"Working day" means a day when the employee would normally be working in that district or charter school.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-3.0** Appraisal Cycle {#sec-106a-3.0 omnilex-key=us-de-regs-official--title-14--106A-3.0}
3.1 Each year, every teacher, regardless of novice or experienced status, will receive a minimum of 3 classroom observations of at least 15 minutes in length. After each observation, an observation debrief shall be held. For the purpose of this regulation, observation debrief means a time when feedback and questions from the observation is discussed with the Credentialed Administrator or Credentialed Observer and teacher, either in-person, by email, or through an online platform.
3.2 All teachers, regardless of novice or experienced status, shall receive a Summative Evaluation each year.
3.3 The mid-year conference shall be required if the teacher's performance is low or declining as defined in Section 7.0 of this regulation. The mid-year conference is the time for the teacher and the Credentialed Administrator to discuss and document progress towards goals. Credentialed Administrators have the right to change the type of growth plan at the mid-year conference. Credentialed Administrators shall indicate on the Mid-Year Conference Form that teacher performance is currently below expectations and cite evidence of performance. If a teacher's current Professional Growth Plan is either a collaborative or self-directed growth plan, the administrator shall change the growth plan type to Directed to establish a more formal role in providing support for the teacher. For the purpose of this regulation, a collaborative growth plan means a plan assigned by the Credentialed Administrator that is created collaboratively between the teacher and the administrator. A self-directed growth plan means a plan assigned by the Credentialed Administrator that is created and managed by the teacher.
3.4 Each year, every teacher has the option to participate in a mid-year conference unless the teacher's performance is low or declining as provided in subsection 3.3.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-4.0** DTGSS Guide for Teachers {#sec-106a-4.0 omnilex-key=us-de-regs-official--title-14--106A-4.0}
4.1 All school districts and charter schools shall use the manual titled DTGSS Guide for Teachers as developed and as amended by the Department in collaboration with the Delaware Association of School Administrators (DASA) and the Delaware State Education Association to implement the appraisal system.
4.2 The manual shall contain, at a minimum, the following:
4.2.1 Specific details about each of the 4 performance areas listed in subsection 5.1.
4.2.2 All forms or documents needed to complete the requirements of the appraisal process.
4.2.3 Specific procedures to implement the appraisal system.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-5.0** Performance Areas and Indicators {#sec-106a-5.0 omnilex-key=us-de-regs-official--title-14--106A-5.0}
5.1 The following 4 performance areas, including indicators specified for each in the DTGSS Guide for Teachers, shall be the basis upon which the performance of a teacher shall be evaluated by the Credentialed Administrator or the Credentialed Observer.
5.1.1 Performance Area 1: Learning Environment: To what extent does the classroom environment support and engage all students?
5.1.2 Performance Area 2: Engagement in Learning: To what extent does the instruction support and engage all students?
5.1.3 Performance Area 3: Maximizing Learning: To what extent do all students retain and apply their learning with productive struggle?
5.1.4 Performance Area 4: Outcomes of Learning
5.1.4.1 In accordance with 14 Del.C. §1270A(c)(1), Performance Area 4 is dedicated to student improvement. Performance Area 4 assesses student learning through the creation and measurement of student improvement goals. All teachers set student improvement goals each year. Student improvement goals support the teacher and evaluator in assessing the teacher's impact on student learning and to incorporate this impact into a holistic picture of the teacher's performance. Student growth goals are established each year and student results are used as an indicator of student growth. These results are included in the evaluation within Performance Area 4.
5.1.4.2 Performance Area 4 also encompasses the extent to which the teacher is growing in their knowledge and skills. Professional growth priorities are set each year and guides efforts for development and support. While a professional growth priority is not directly assessed, the impact of efforts towards goals is assessed through the collection of evidence for Performance Areas 1, 2, and 3. Performance Area 4 is documented through the teacher's Professional Growth Plan.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-6.0** Summative Evaluation Ratings {#sec-106a-6.0 omnilex-key=us-de-regs-official--title-14--106A-6.0}
6.1 Each of the 4 performance areas shall be equally weighted and assigned a rating of "Level 4," "Level 3," "Level 2," or "Level 1" on the Summative Evaluation. The rating for each of the 4 performance areas shall reflect the standards as described in the DTGSS Guide for Teachers.
6.1.1 Each performance area rating shall be equal to an assigned point value. A "Level 4" performance area rating shall earn 4 points, a "Level 3" performance area rating shall earn 3 points, a "Level 2" performance area rating shall earn 2 points, and a "Level 1" performance area rating shall earn 1 point. No partial points shall be awarded.
6.1.2 Once all performance area ratings are assigned, a Summative Evaluation rating is determined by the sum of all 4 performance area rating.
6.1.3 Satisfactory performance on a performance area is a rating equivalent to "Level 3" or "Level 4" on the Summative Evaluation. An overall rating of "Level 2" may also be deemed as satisfactory performance using the discretion of the Credentialed Administrator. Discretion shall be based on the length of time in a position, change in assignment, or previous ratings.
6.1.4 Unsatisfactory performance on a performance area is a rating equivalent to the overall "Level 1" rating on the Summative Evaluation. An overall rating of "Level 2" may also be deemed an unsatisfactory evaluation using the discretion of the Credentialed Administrator. Discretion shall be based on the length of time in a position, change in assignment, or previous ratings.
6.2 The Summative Evaluation rating shall also include 1 of 4 overall ratings: "Level 4", "Level 3", "Level 2", "Level 1".
6.2.1 A "Level 4" Summative Evaluation rating shall mean that the teacher has earned a sum of 15 or 16 performance area rating points.
6.2.2 A "Level 3" Summative Evaluation rating shall mean that the teacher has earned a sum of 11 to 14 performance area rating points.
6.2.3 A "Level 2" Summative Evaluation rating shall mean that the teacher has earned a sum of 7 to 10 performance area rating points.
6.2.4 A "Level 1" Summative Evaluation rating shall mean that the teacher has earned a sum of 4 to 6 performance area rating points.
6.2.5 All teachers, regardless of novice or experienced status, shall receive a Summative Evaluation each year.
6.2.6 If a teacher's overall Summative Evaluation rating is determined to be "Level 2" for the third consecutive year, the teacher's rating shall be re-categorized as "low or declining performance." At least 2 consecutive ratings of "Level 1" or 3 consecutive ratings that are a combination of "Level 1" and "Level 2" shall be deemed as a pattern of low or declining performance.
6.2.7 Satisfactory performance on the overall evaluation is a rating equivalent to "Level 3" or "Level 4" on the Summative Evaluation. An overall rating of "Level 2" may also be deemed as satisfactory performance using the discretion of the Credentialed Administrator. Discretion shall be based on the length of time in a position, change in assignment, or previous ratings as it pertains to educators seeking a Continuing License.
6.2.8 Unsatisfactory performance on the overall evaluation is a rating equivalent to the overall "Level 1" rating on the Summative Evaluation. An overall rating of "Level 2" may also be deemed an unsatisfactory evaluation using the discretion of the Credentialed Administrator. Discretion shall be based on the length of time in a position, change in assignment, or previous ratings as it pertains to educators seeking a Continuing License.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-7.0** Pattern of Low or Declining Performance Defined {#sec-106a-7.0 omnilex-key=us-de-regs-official--title-14--106A-7.0}
For the purpose of this regulation, and as required by 14 Del.C. §1270A(b), "pattern of ineffective teaching" means a pattern of low or declining performance and shall be based on the most recent Summative Evaluation ratings of a teacher using the DTGSS process. Two consecutive ratings of "Level 1" shall be deemed as a pattern of low or declining performance. Three consecutive ratings that are a combination of "Level 1" and "Level 2" shall be deemed as a pattern of low or declining performance.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-8.0** Directed Growth Plan {#sec-106a-8.0 omnilex-key=us-de-regs-official--title-14--106A-8.0}
8.1 A Directed Growth Plan shall be developed for a teacher who receives an overall rating of "Level 1" on the Summative Evaluation on any performance area in Section 5.0 on the Summative Evaluation regardless of the overall rating.
8.2 A Directed Growth Plan may be developed if evidence from an observed lesson aligns with descriptors from a "Level 1". In instances where a Directed Growth Plan is to be developed, the Credentialed Administrator shall first have noted the low or declining performance on the required forms by noting "Performance Requires a Directed Growth Plan" and initialing the statement.
8.2.1 Teachers with low or declining performance shall have the opportunity to understand and discuss their performance with their administrator prior to the summative conference in order to engage in growth and development efforts.
8.2.2 The mid-year conference is the formal opportunity for the Credentialed Administrator to document low or declining performance and to make recommendations about next steps. The mid-year conference is not optional if a Directed Growth Plan is required. The mid-year conference is optional if a Directed Growth Plan is not required.
8.3 The Directed Growth Plan shall contain the following:
8.3.1 Identification of the specific deficiencies and recommended areas for growth;
8.3.2 Measurable goals for improving the deficiencies to satisfactory levels;
8.3.3 Specific professional development or activities to accomplish the goals;
8.3.4 Specific resources necessary to implement the plan, including but not limited to, opportunities for the teacher to work with curriculum specialists, subject area specialists, instructional specialists, or others with relevant expertise;
8.3.5 Procedures and evidence that must be collected to determine that the goals of the plan were met;
8.3.6 Timeline for the plan, including intermediate check points to determine progress;
8.3.7 Procedures for determining satisfactory improvement;
8.3.8 Multiple observations and opportunity for feedback provided by a Credentialed Administrator, a Credentialed Observer, a mentor, a lead teacher, or an instructional coach.
8.4 Professional development that is completed during the time that the Directed Growth Plan is in effect must directly relate to areas identified as needing improvement.
8.5 The Directed Growth Plan shall be created and managed by the Credentialed Administrator in partnership with the teacher. If the plan cannot be cooperatively developed, the Credentialed Administrator shall have the authority and responsibility to determine the plan as specified in subsections 8.1 and 8.2 above.
8.5.1 The teacher shall be held accountable for understanding the professional goals and completing the work to improve professional practice.
8.5.2 The Credentialed Administrator shall be held responsible for identifying goals and metrics and in monitoring progress.
8.6 Upon completion of the Directed Growth Plan, the teacher and Credentialed Administrator shall sign the documentation that determines the satisfactory or unsatisfactory performance of the Directed Growth Plan.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-9.0** Challenge Process {#sec-106a-9.0 omnilex-key=us-de-regs-official--title-14--106A-9.0}
9.1 A teacher may challenge any rating on the Summative Evaluation, either a performance area rating or the overall rating, or a teacher may challenge the conclusions of a lesson observation if the statement "Performance Requires A Directed Growth Plan" has been included on the required forms. To initiate a challenge, a teacher shall submit additional information specific to the point of disagreement in writing within 15 working days of the date of the teacher's receipt of the Summative Evaluation. Such written response shall become part of the appraisal record and shall be attached to the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor of the Credentialed Administrator unless the supervisor of the Credentialed Administrator is also in the same building as the teacher. In this situation, the challenge together with the record shall be forwarded to a designated district or charter school level Credentialed Administrator.
9.1.1 Within 15 working days of receiving the written challenge, the supervisor of the Credentialed Administrator or the designated district or charter school level Credentialed Administrator shall review the record which consists of all documents used in the appraisal process and the written challenge, meet with the teacher, and issue a written decision.
9.1.2 If the challenge is denied, the written decision shall state the reasons for denial.
9.1.3 The decision of the supervisor of the Credentialed Administrator or the designated district or charter school's level Credentialed Administrator shall be final.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-10.0** Credentialing {#sec-106a-10.0 omnilex-key=us-de-regs-official--title-14--106A-10.0}
10.1 Credentialing processes and performance tasks shall be established and conducted by the Department and developed in collaboration with school and district level Credentialed Administrators.
10.2 DTGSS credentials are earned upon successful completion of performance tasks and related trainings. DTGSS credentials are valid for 5 years from the date of issue. Credentialed Administrators or Credentialed Observers may seek to renew their credentials within 24 months prior to the expiration date. If the educator does not renew the educator's credentials, the educator shall not complete the DTGSS.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-11.0** Waiver of DTGSS Provisions {#sec-106a-11.0 omnilex-key=us-de-regs-official--title-14--106A-11.0}
11.1 In accordance with 14 Del.C. §1270A(f), a school district or charter school may submit an application to the Department for a waiver of the provisions of the DTGSS. The waiver request shall be based on a locally developed evaluation process that meets all of the requirements in subsections 11.1.1 through 11.1.4.
11.1.1 The applicant's evaluation process is demonstrated to be the product of the collective bargaining process pursuant to 14 Del.C. Ch. 40 and community review.
11.1.2 The applicant's evaluation process is as rigorous and as educationally sound as DTGSS.
11.1.3 The applicant's evaluation process provides for evaluating educator performance by measuring student growth using multiple measures over the course of a curricular year.
11.1.4 The applicant's evaluation process contains a mechanism for certifying evaluators and for quality control.
11.2 The school district or charter school shall submit the application and supporting documentation to the Department's Educator Excellence Workgroup by March 1.
11.3 The Department will review the application to determine if it is complete. If the application is incomplete, the school district or charter school may resubmit the application. If the application is complete, the Department will determine whether to grant the application based on the rubric in the application.
11.4 The Department may grant an application for a waiver for up to 3 years.
11.5 If the school district or charter school is granted a waiver, and the waiver expires, the school district or charter school shall submit a new application in order for the Department to grant another waiver.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-12.0** Evaluation of Process {#sec-106a-12.0 omnilex-key=us-de-regs-official--title-14--106A-12.0}
The Department shall conduct a biennial evaluation of the teacher appraisal process. The evaluation shall, at a minimum, include a survey of teachers and Credentialed Administrators and interviews with a sampling of teachers and Credentialed Administrators. Data from the evaluation and proposed changes to DTGSS shall be presented to the State Board of Education for review on a biennial basis.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
##### **14 Del. Admin. Code § 106A-13.0** DTGSS Monitoring {#sec-106a-13.0 omnilex-key=us-de-regs-official--title-14--106A-13.0}
The Department of Education shall annually monitor implementation of DTGSS for teachers.
**History**
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 35 (07/01/15)*
- *27 DE Reg. 99 (08/01/23)*
- *15 DE Reg. 833 (12/01/11)*
- *17 DE Reg. 205 (08/01/13)*
- *19 DE Reg. 1011 (05/01/16)*
- *27 DE Reg. 99 (08/01/23)*
- *27 DE Reg. 99 (08/01/23)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *27 DE Reg. 99 (08/01/23)*
- *13 DE Reg. 1067 (02/01/10)*
- *15 DE Reg. 833 (12/01/11)*
- *15 DE Reg. 1586 (05/01/12)*
- *17 DE Reg. 205 (08/01/13)*
- *18 DE Reg. 31 (07/01/14)*
- *19 DE Reg. 35 (07/01/15)*
- *19 DE Reg. 1011 (05/01/16)*
- *21 DE Reg. 37 (07/01/17)*
- *22 DE Reg. 49 (07/01/18)*
- *27 DE Reg. 99 (08/01/23)*
### **107** Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Repealed, August 1, 2013
##### **14 Del. Admin. Code § 107** Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Repealed, August 1, 2013 {#sec-107 omnilex-key=us-de-regs-official--title-14--107}
THIS REGULATION WAS REPEALED EFFECTIVE 8/11/2013.
**History**
- *8 DE Reg. 431 (9/1/04)*
- *9 DE Reg. 528 (10/1/05)*
- *11 DE Reg. 506 (10/01/07)*
- *13 DE Reg. 1443 (05/01/10)*
- *17 DE Reg. 214 (08/01/13)*
### **107A** Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised
##### **14 Del. Admin. Code § 107A-1.0** Content {#sec-107a-1.0 omnilex-key=us-de-regs-official--title-14--107A-1.0}
The Specialist Appraisal Process, Delaware Performance Appraisal System (DPAS II) Revised, shall be effective for all school districts and charter schools beginning with the 2017-2018 school year. Pursuant to 14 Del.C. §§1270B(b) and 1270B(f), this regulation sets forth the administration of the DPAS II for specialists and the process for obtaining a waiver of the provisions of DPAS II for specialists.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-2.0** Definitions {#sec-107a-2.0 omnilex-key=us-de-regs-official--title-14--107A-2.0}
In this regulation, the following words and terms shall have the following meaning:
“Announced observation” means an observation by a Credentialed Observer at a date and time that has been previously arranged, using the associated formative conferences and reports, which may include the use of an observation form. The observation shall be of sufficient length, at least 30 minutes, to analyze the lesson and assess specialist performance.
“Board” means a local board of education or a charter school board of directors.
"Credentialed Administrator" means an administrator who is responsible for the specialist's summative evaluation.
"Credentialed Observer" means an individual, not always the supervisor of the specialist, who has successfully completed DPAS II credentialing in accordance with Section 10.0. Credentialed Observer denotes any individual who may conduct observations as part of a specialist’s appraisal process. The term Credentialed Observer encompasses those administrators who are Credentialed Administrators.
"Department" means the Delaware Department of Education.
“DPAS II Revised Guide for Specialists” means the manual that contains the prescribed forms, detailed procedures, specific details about the 5 components of evaluation and other relevant documents that are used to implement the appraisal process.
“Experienced specialist” means a specialist who holds a valid and current Continuing or Advanced License issued pursuant to 14 Del.C. Ch. 12, a Standard or Professional Status Certificate issued prior to August 1, 2003, or a valid and current license from the specialist's respective licensure body.
“Improvement Plan” means the plan that a specialist and Credentialed Administrator mutually develop in accordance with Section 8.0.
“Novice specialist” means a specialist who holds a valid and current Initial License issued pursuant to 14 Del.C. Ch. 12 or holds a valid and current license from the specialist’s respective licensure body.
"Specialist" means an educator other than a teacher or administrator and includes school counselors, school library media specialists, school nurses, school psychologists and school social workers.
“Summative Evaluation” or “Evaluation” means the comprehensive, end-of-cycle appraisal and shall incorporate the results of the minimum required observations and required component-level data. At the discretion of the Credentialed Administrator, it may also include additional Announced or Unannounced observation data, beyond the required observation data, provided by other Credentialed Observers.
“Unannounced observation” means an observation by a Credentialed Observer at a date and time that has not been previously arranged, using the associated formative conferences and reports, and which may include the use of the observation form. The observation shall be of sufficient length, at least 30 minutes, to gather appropriate data and assess specialist performance.
“Working day” means a day when the employee would normally be working in that district or charter school.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-3.0** Appraisal Cycles {#sec-107a-3.0 omnilex-key=us-de-regs-official--title-14--107A-3.0}
3.1 Experienced specialists who have earned a rating of “Highly Effective” or “Effective” on their most recent Summative Evaluation shall receive a minimum of 1 announced or unannounced observation each year with a Summative Evaluation at least once every 2 years.
3.2 Experienced specialists who are not otherwise included in subsection 3.1 shall receive a minimum of 1 announced observation and 1 unannounced observation with a Summative Evaluation at the end of the 1 year period. These specialists shall have an Improvement Plan which may require additional observations and other types of monitoring as outlined in the DPAS II Revised Guide for Specialists.
3.3 Novice specialists shall receive a minimum of 1 announced observation and 1 unannounced observation with a Summative Evaluation at the end of the 1-year period. Novice specialists who have earned a rating of Needs Improvement or Ineffective on their most recent Summative Evaluation shall have an Improvement Plan which may require additional observations or other types of monitoring as outlined in the DPAS II Revised Guide for Specialists.
3.4 Novice specialists who have earned a minimum of 3 consecutive “Highly Effective” or “Effective” ratings on their most recent Summative Evaluations may receive a minimum of 1 announced or unannounced observation each year with a Summative Evaluation at least once every 2 years.
3.5 A specialist's required observations as part of the appraisal cycle shall be conducted by the assigned Credentialed Administrator or by the Credentialed Administrator's appointed credentialed designee. The assigned Credentialed Administrator may designate a school administrator who is also a Credentialed Observer to conduct the required observations.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-4.0** DPAS II Guide for Specialists {#sec-107a-4.0 omnilex-key=us-de-regs-official--title-14--107A-4.0}
4.1 All districts and charter schools shall use the manual titled DPAS II Revised Guide for Specialists as developed and as amended by the Department in collaboration with the Delaware Association of School Administrators (DASA) and the Delaware State Education Association to implement the appraisal system.
4.2 The manual shall contain, at a minimum, the following:
4.2.1 Specific details about each of the 5 Appraisal Components listed in subsection 5.1.
4.2.2 All forms or documents needed to complete the requirements of the appraisal process.
4.2.3 Specific procedures to implement the appraisal system.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-5.0** Appraisal Components and Appraisal Criteria {#sec-107a-5.0 omnilex-key=us-de-regs-official--title-14--107A-5.0}
5.1 The following 5 Appraisal Components, including any Appraisal Criteria specified for each, shall be the basis upon which the performance of a specialist shall be determined. In each academic year, for each of the first 4 Appraisal Components, a school district or charter school may waive 1 criterion identified as optional below. In addition, for the Professional Responsibilities Component (subsection 5.1.4), a school district or charter school may substitute a locally determined alternative Appraisal Component, which must be approved by the Department no later than the last day of July of each year. Final notification of any such waiver or substitution shall be provided to all specialists in a school district or charter school and the Department by the last day in August of each year:
5.1.1 Planning and Preparation
5.1.1.1 Designing Coherent Programs or Services: Specialist designs activities and plans for services that support the needs of the students or clients served.
5.1.1.2 Demonstrating Knowledge of Best Practice and Models of Delivery: Specialist uses practices and models of delivery that are aligned with local and national standards. (Optional)
5.1.1.3 Demonstrating Knowledge of Students or Clients: Specialist shows knowledge of the needs and characteristics of the students or clients, including their approaches to learning, knowledge, skills, and interests. (Optional)
5.1.1.4 Demonstrating Knowledge of Resources: Specialist selects appropriate resources, either within or outside of the school, that support the needs of students or clients.
5.1.1.5 Demonstrating Knowledge of How to Design or Use Student Assessments: Specialist creates and or selects assessments that are congruent with instructional goals, criteria and standards. The specialist plans for the use of formative and summative assessments of the specialist’s students.
5.1.2 Professional Practice and Delivery of Services
5.1.2.1 Creating an Environment to Support Student or Client Needs: Specialist creates an environment in which student or client needs are identified and valued. Specialist and student or client interactions show rapport that is grounded in mutual respect.
5.1.2.2 Demonstrating Flexibility and Responsiveness: Specialist has a repertoire of instructional or professional strategies and makes modifications to services based on needs of the students or clients. (Optional)
5.1.2.3 Communicating Clearly and Accurately: Verbal and written communication is clear and appropriate to students’ or clients’ ages, backgrounds, needs, or levels of understanding. (Optional)
5.1.2.4 Delivering Services to Students or Clients: Specialist is responsive to the identified needs of the students or clients and meets standards of professional practice. The resources and materials are suitable and match the needs of the students or clients. The delivery of service is coherent.
5.1.3 Professional Collaboration and Consultation
5.1.3.1 Collaborating with Others: Specialist develops partnerships with school or district staff or external agencies to provide integrated services that meet student or client needs. (Optional)
5.1.3.2 Serving as a Consultant to the School Community: Specialist shares expertise with school staff to assist them in their work or to respond to school wide issues, problems, or concerns. (Optional)
5.1.3.3 Providing Resources and Access: Specialist provides school, district or external based resources to appropriate staff, students, or clients or gives information about the effective use of the resources.
5.1.3.4 Communicating with Families: Specialist shares information about district or school educational programs and expectations for student or client performance. Specialist develops a mechanism for 2-way communication with families about student or client progress, behavior, personal needs, or concerns.
5.1.3.5 Use of Assessment in Planning and Delivery of Services: Specialist makes the criteria of the assessment known to the students, monitors the students’ progress, provides descriptive feedback, and promotes student self-assessment and uses data to plan future instruction.
5.1.4 Professional Responsibilities
5.1.4.1 Maintaining Standards of Professional Practice: Specialist adheres to the specialist's professional standards of practice, including issues surrounding confidentiality.
5.1.4.2 Recording student data in a Record System: Specialist keeps student or client records relevant to their services and shares information with appropriate school personnel. (Optional)
5.1.4.3 Growing and Developing Professionally: Specialist chooses and participates in professional development that is aligned with the specialist's professional needs and aligned with the needs of the school, district or students. (Optional)
5.1.4.4 Reflecting on Professional Practice: Specialist engages in reflective thinking as an individual, as a team participant, or as a school and community member with the goal of improving professional practice and delivery of service.
5.1.5 Student Improvement - Measuring Student Improvement: Students collectively demonstrate appropriate levels of student growth as benchmarked against standards set by the Secretary based on input from stakeholder groups. For the purpose of this regulation, "student growth" means the change in student achievement data for an individual student between 2 points in time and may include other measures that are as rigorous and comparable across classrooms. For non-tested grades and subjects, student achievement data means alternative measures of student learning and performance, such as student scores on pre-tests and end-of-course tests; student performance on English language proficiency assessments; and other measures of student achievement that are rigorous and comparable across classrooms, developed in partnership with input from relevant specialist organizations or licensure bodies and the Delaware State Education Association (DSEA) and approved by the Department. For tested grades and subjects, student achievement data means student scores on the State assessment system and, as appropriate, other measures of student learning, such as those specified for non-tested grades and subjects, provided they are rigorous and comparable across classrooms.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-6.0** Summative Evaluation Ratings {#sec-107a-6.0 omnilex-key=us-de-regs-official--title-14--107A-6.0}
6.1 Each of the 5 Appraisal Components shall be equally weighted and assigned a rating of "Highly Effective," "Effective," "Needs Improvement" or "Ineffective" on the Summative Evaluation. The rating for each of the 5 Appraisal Components shall reflect the standards as described in the DPAS II Revised Guides for Specialists.
6.1.1 Each Component rating shall be equal to an assigned point value. A “Highly Effective” Component rating shall earn 4 points, an “Effective” Component rating shall earn 3 points, a “Needs Improvement” Component rating shall earn 2 points, and an “Ineffective” Component rating shall earn 1 point. No partial points shall be awarded.
6.1.2 Once all Component ratings are assigned, a Summative Evaluation rating is determined by the sum of all 5 Components.
6.1.3 Satisfactory performance on a component of the evaluation is a rating equivalent to "Highly Effective" or "Effective."
6.1.4 Unsatisfactory performance on a component of the evaluation is a rating equivalent to "Needs Improvement" or "Ineffective."
6.2 The Summative Evaluation rating shall also include 1 of 4 overall ratings: “Highly Effective”, “Effective”, “Needs Improvement” or “Ineffective”.
6.2.1 A "Highly Effective" Summative Evaluation rating shall mean that the specialist has earned a sum of 19 or 20 Component rating points.
6.2.2 An "Effective" Summative Evaluation rating shall mean that the specialist has earned a sum of 14 to 18 Component rating points.
6.2.3 A “Needs Improvement” Summative Evaluation rating shall mean that the specialist has earned a sum of 9 to 13 Component rating points.
6.2.4 An “Ineffective” Summative Evaluation rating shall mean that the specialist has earned a sum of 5 to 8 Component rating points.
6.2.5 Experienced specialists receiving a Summative Evaluation every 2 years in accordance with subsection 3.1 shall earn an overall Student Improvement Component rating on the Summative Evaluation in accordance with the chart in the DPAS II Revised Guide for Specialists.
6.2.6 If a specialist’s overall Summative Evaluation rating is determined to be “Needs Improvement” for the third consecutive year, the rating shall be re-categorized as “Ineffective”.
6.2.7 Satisfactory performance on the overall evaluation is a rating equivalent to "Highly Effective" or "Effective" as it pertains to specialists seeking a Continuing License.
6.2.8 Unsatisfactory performance on the overall evaluation is a rating equivalent to "Needs Improvement" or "Ineffective" as it pertains to specialists seeking a Continuing License.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-7.0** Pattern of Ineffective Practice Defined {#sec-107a-7.0 omnilex-key=us-de-regs-official--title-14--107A-7.0}
For the purpose of this regulation, and as required by 14 Del.C. §1270B(b), "pattern of ineffective practice" means any of the following consecutive Summative Evaluation ratings on the most recent Summative Evaluations of a specialist using the DPAS II process:
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-8.0** Improvement Plan {#sec-107a-8.0 omnilex-key=us-de-regs-official--title-14--107A-8.0}
8.1 An Improvement Plan shall be developed for a specialist who receives an overall rating of “Needs Improvement” or “Ineffective” on the Summative Evaluation or a rating of "Needs Improvement" or "Ineffective" on any component in Section 5.0 on the Summative Evaluation regardless of the overall rating.
8.2 An Improvement Plan may be developed if a specialist’s overall performance during an observation is unsatisfactory. In instances where an improvement plan is to be developed, the Credentialed Administrator shall first have noted the unsatisfactory performance on the required forms by noting “Performance Requires an Improvement Plan” and initialing the statement.
8.3 The Improvement Plan shall contain the following:
8.3.1 Identification of the specific deficiencies and recommended areas for growth;
8.3.2 Measurable goals for improving the deficiencies to satisfactory levels;
8.3.3 Specific professional development or activities to accomplish the goals;
8.3.4 Specific resources necessary to implement the plan, including but not limited to, opportunities for the specialist to work with curriculum specialists, subject area specialists, instructional specialists or others with relevant expertise;
8.3.5 Procedures and evidence that must be collected to determine that the goals of the plan were met;
8.3.6 Timeline for the plan, including intermediate check points to determine progress;
8.3.7 Procedures for determining satisfactory improvement.
8.3.8 Multiple observations and opportunity for feedback provided by a Credentialed Observer, a mentor, or lead specialist, or an instructional coach.
8.4 Professional development that is completed during the time that the Improvement Plan is in effect must directly relate to areas identified as needing improvement.
8.5 The Improvement Plan shall be developed cooperatively by the specialist and Credentialed Administrator. If the plan cannot be cooperatively developed, the Credentialed Administrator shall have the authority and responsibility to determine the plan as specified in subsections 8.1 and 8.2 above.
8.6 The specialist shall be held accountable for the implementation and completion of the Improvement Plan.
8.7 Upon completion of the Improvement Plan, the specialist and Credentialed Administrator shall sign the documentation that determines the satisfactory or unsatisfactory performance of the plan.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-9.0** Challenge Process {#sec-107a-9.0 omnilex-key=us-de-regs-official--title-14--107A-9.0}
9.1 A specialist may challenge any rating on the Summative Evaluation, either a Component Rating or the Overall Rating, or the conclusions of an observation if the statement "Performance Requires An Improvement Plan" has been included on the required forms. To initiate a challenge, a specialist shall submit additional information specific to the point of disagreement in writing within 15 working days of the date of the specialist’s receipt of the Summative Evaluation. Such written response shall become part of the appraisal record and shall be attached to the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor of the Credentialed Administrator unless the supervisor of the Credentialed Administrator is also in the same building as the specialist. In this situation, the challenge together with the record shall be forwarded to a designated district or charter school level Credentialed Administrator.
9.1.1 Within 15 working days of receiving the written challenge, the supervisor of the Credentialed Administrator or the designated district or charter school level Credentialed Administrator shall review the record which consists of all documents used in the appraisal process and the written challenge, meet with the specialist, and issue a written decision.
9.1.2 If the challenge is denied, the decision shall state the reasons for denial.
9.1.3 The decision of the supervisor of the Credentialed Administrator or the designated district or charter school level Credentialed Administrator shall be final.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-10.0** Credentialing {#sec-107a-10.0 omnilex-key=us-de-regs-official--title-14--107A-10.0}
10.1 Credentialing processes and assessments shall be established and conducted by the Department and developed in collaboration with school and district level administrators.
10.2 Credentialed Observer credentials are earned upon successful completion of a credentialing assessment and related trainings. Credentialed Observer credentials are valid for 5 years from the date of issue. Credentialed Observers may seek to renew their credentials within 24 months prior to the expiration date. If the educator does not renew the educator's credentials, the educator shall not complete DPAS II.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-11.0** Waiver of DPAS II Provisions {#sec-107a-11.0 omnilex-key=us-de-regs-official--title-14--107A-11.0}
11.1 In accordance with 14 Del.C. §1270B(f), a school district or charter school may submit an application to the Department for a waiver of the provisions of the DPAS II. The waiver request shall be based on a locally developed evaluation process that meets all of the requirements in subsections 11.1.1 through 11.1.4.
11.1.1 The applicant's evaluation process is demonstrated to be the product of the collective bargaining process pursuant to 14 Del.C. Ch. 40 and community review.
11.1.2 The applicant's evaluation process is as rigorous and as educationally sound as DPAS II.
11.1.3 The applicant's evaluation process provides for evaluating specialist performance by measuring student growth using multiple measures over the course of a curricular year.
11.1.4 The applicant's evaluation process contains a mechanism for certifying evaluators and for quality control.
11.2 The school district or charter school shall submit the application and supporting documentation to the Department's Educator Excellence Workgroup by March 1.
11.3 The Department will review the application to determine if it is complete. If the application is incomplete, the school district or charter school may resubmit the application. If the application is complete, the Department will determine whether to grant the application based on the rubric in the application.
11.4 The Department may grant an application for a waiver for up to 3 years.
11.5 If the school district or charter school is granted a waiver, and the waiver expires, the school district or charter school shall submit a new application in order for the Department to grant another waiver.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-12.0** Evaluation of Process {#sec-107a-12.0 omnilex-key=us-de-regs-official--title-14--107A-12.0}
The Department shall conduct a biennial evaluation of the specialist appraisal process. The evaluation shall, at a minimum, include a survey of teachers, specialists and Credentialed Administrators and interviews with a sampling of teachers, specialists and Credentialed Administrators. Data from the evaluation and proposed changes to DPAS II Revised shall be presented to the State Board of Education for review on a biennial basis.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
##### **14 Del. Admin. Code § 107A-13.0** DPAS II Monitoring {#sec-107a-13.0 omnilex-key=us-de-regs-official--title-14--107A-13.0}
The Department shall annually monitor implementation of DPAS II for specialists.
**History**
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 38 (07/01/15)*
- *27 DE Reg. 101 (08/01/23)*
- *15 DE Reg. 835 (12/01/11)*
- *17 DE Reg. 216 (08/01/13)*
- *19 DE Reg. 1013 (05/01/16)*
- *27 DE Reg. 101 (08/01/23)*
- *27 DE Reg. 101 (08/01/23)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *27 DE Reg. 101 (08/01/23)*
- *13 DE Reg. 1445 (05/01/10)*
- *15 DE Reg. 835 (12/01/11)*
- *15 DE Reg. 1595 (05/01/12)*
- *17 DE Reg. 216 (08/01/13)*
- *18 DE Reg. 40 (07/01/14)*
- *19 DE Reg. 38 (07/01/15)*
- *19 DE Reg. 1013 (05/01/16)*
- *21 DE Reg. 38 (07/01/17)*
- *22 DE Reg. 51 (07/01/18)*
- *27 DE Reg. 101 (08/01/23)*
### **108** Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II) Repealed, August 1, 2013
##### **14 Del. Admin. Code § 108** Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II) Repealed, August 1, 2013 {#sec-108 omnilex-key=us-de-regs-official--title-14--108}
THIS REGULATION WAS REPEALED EFFECTIVE 8/11/2013.
**History**
- *8 DE Reg. 431 (9/1/04)*
- *11 DE Reg. 510 (10/01/07)*
- *13 DE Reg. 1071 (02/01/10)*
- *17 DE Reg. 224 (08/01/13)*
### **108A** Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)
##### **14 Del. Admin. Code § 108A-1.0** Content {#sec-108a-1.0 omnilex-key=us-de-regs-official--title-14--108A-1.0}
1.1 The Administrator Appraisal Process, Delaware Performance Appraisal System II (DPAS II), shall be effective for all school districts and charter schools beginning with the 2017-2018 school year. Pursuant to 14 Del.C. §§1270B(b) and 1270B(f), this regulation sets forth the administration of the DPAS II for administrators and the process for obtaining a waiver of the provisions of DPAS II for administrators.
1.2 For purposes of this regulation, an administrator shall be a professional employee authorized by a board to serve in a supervisory capacity involving the oversight of an instructional programs.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-2.0** Definitions {#sec-108a-2.0 omnilex-key=us-de-regs-official--title-14--108A-2.0}
In this regulation, the following words and terms shall have the following meaning:
"Annual Appraisal Cycle" means the administrator appraisal process that occurs each year.
"Credentialed Administrator" means the individual, not always the supervisor of the administrator, who has successfully completed the foundational DPAS II training and credentialing assessment in accordance with Section 10.0.
"Department" means the Delaware Department of Education.
"DPAS II Guide for Administrators" means the manual created by the Department that contains the prescribed forms, detailed procedures, evaluation criteria and other relevant documents that are used to implement the appraisal process. The DPAS II Guide for Administrators may also be referred to collectively as "Guide."
"Goal-Setting Conference" means a meeting that occurs between the administrator and the Credentialed Administrator at the beginning of the Annual Appraisal Cycle, which typically is in the summer or fall.
"Improvement Plan" means the plan that an administrator and Credentialed Administrator mutually develop in accordance with Section 8.0.
"Mid-Year Conference" means a meeting that occurs between the administrator and the Credentialed Administrator as part of the Annual Appraisal Cycle, which typically occurs midway through the school year.
"Summative Evaluation" or “Evaluation” means the final evaluation at the conclusion of the Annual Appraisal Cycle.
"Working day" means a day when the employee would normally be working in that district or charter school.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-3.0** Annual Appraisal Cycles {#sec-108a-3.0 omnilex-key=us-de-regs-official--title-14--108A-3.0}
3.1 All administrators shall receive a yearly appraisal in all 5 Appraisal Components, including Student Improvement, that includes a minimum of 1 Goal-Setting Conference, 1 Mid-Year Conference and 1 Summative Evaluation each year.
3.1.1 The Goal-Setting Conference shall include establishing goals for the year and discussing areas of support, as described in the DPAS II Guide for Administrators.
3.1.2 The Mid-Year Conference shall include a discussion of progress toward goals and areas of support, as described in the DPAS II Guide for Administrators.
3.2 The Annual Appraisal Cycle shall be led by the administrator's Credentialed Administrator and may include other supports and opportunities for feedback from the administrator's Credentialed Administrator or other Credentialed Administrators, as outlined in the DPAS II Guide for Administrators. A superintendent or head of charter school shall be evaluated by members of the local board of education or charter school board of directors who have successfully completed the DPAS II foundational training and credentialing assessment in accordance with Section 10.0.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-4.0** DPAS II Guide for Administrators {#sec-108a-4.0 omnilex-key=us-de-regs-official--title-14--108A-4.0}
4.1 All districts and charter schools shall use the manual titled DPAS II Guide for Administrators as developed and as may be amended by the Department in collaboration with administrators, which shall include representatives from Delaware School Boards Association (DSBA) and Delaware Association of School Administrators (DASA) to implement the appraisal system.
4.1.1 The Guide shall contain at a minimum the following:
4.1.1.1 Specific details about each of the 5 Appraisal Components pursuant to subsection 5.1, including the Appraisal Criteria within each Component that form the basis for ratings.
4.1.1.2 All forms or documents needed to complete the requirements of the Annual Appraisal Cycle.
4.1.1.3 Specific procedures to implement the Annual Appraisal Cycle, including information on the required Goal-Setting Conference, Mid-Year Conference and Summative Evaluation as well as other recommended supports and opportunities for feedback.
4.1.1.4 Guidance related to evidence collection, including relevant definitions, samples of quality evidence and other resources.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-5.0** Appraisal Components and Appraisal Criteria {#sec-108a-5.0 omnilex-key=us-de-regs-official--title-14--108A-5.0}
5.1 The following 5 Appraisal Components, including Appraisal Criteria specified for each in the Guide, shall be the basis upon which the performance of an administrator shall be evaluated by the Credentialed Administrator:
5.1.1 Component 1: Leadership for Purpose and Improvement: Focuses on the administrator's actions to develop, advocate, and enact systems aligned to the mission, vision, and core values of the school or district, including the alignment to the school or district success plans to promote each student’s academic success and well-being.
5.1.2 Component 2: Leadership for Self and Others: Focuses on the administrator’s actions to act ethically and strive for enacting systems that promote the equity of educational opportunities and culturally responsive practices for each student’s academic success and well-being.
5.1.3 Component 3: Leadership for Student Success: Focuses on the administrator's actions to enact intellectually rigorous and coherent systems of curriculum, instruction, and assessment within an environment that is inclusive, caring, and supporting to promote each student’s academic success and well-being.
5.1.4 Component 4: Leadership for the Learning Community: Focuses on the administrator’s actions to systematically develop the professional capacity of teachers, staff, and personnel, as well as meaningfully engaging families and community members in ways that promote each student’s academic success and well-being.
5.1.5 Component 5: Student Improvement: Students collectively demonstrate appropriate levels of student growth as benchmarked against standards to be set by the Secretary based on input from stakeholder groups. For the purpose of this regulation, "student growth" means the change in student achievement data for an individual student between 2 points in time and may include other measures that are as rigorous and comparable across classrooms. For non-tested grades and subjects, student achievement data means alternative measures of student learning and performance, such as student scores on pre-tests and end-of-course tests; student performance on English language proficiency assessments; and other measures of student achievement that are rigorous and comparable across classrooms, developed in partnership with the Delaware Association of School Administrators (DASA) and the Delaware School Boards Association (DSBA) and approved by the Department. For tested grades and subjects, student achievement data means student scores on the State assessment system and, as appropriate, other measures of student learning, such as those specified for non-tested grades and subjects, provided they are rigorous and comparable across classrooms.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-6.0** Summative Evaluation Ratings {#sec-108a-6.0 omnilex-key=us-de-regs-official--title-14--108A-6.0}
6.1 Appraisal Components 1 through 4 shall be assigned a rating of “Distinguished”, “Accomplished”, “Emerging”, or “Developing” on the Summative Evaluation. Component 5: Student Improvement shall be assigned a rating of “Highly Effective”, “Effective”, “Needs Improvement”, or “Ineffective” on the Summative Evaluation. The rating for each of the 5 Appraisal Components shall reflect the standards as described in the DPAS II Guide for Administrators.
6.1.1 Each Component rating shall be equal to an assigned point value. A “Distinguished” Component rating shall earn 4 points, an “Accomplished” Component rating shall earn 3 points, an “Emerging” Component rating shall earn 2 points, and a “Developing” Component rating shall earn 1 point. No partial points shall be awarded.
6.1.2 Once all Component ratings are assigned, a Summative Evaluation rating is determined by the sum of all 5 Components.
6.1.3 Satisfactory performance on a component of the evaluation is a rating equivalent to "Distinguished" or "Accomplished." The Credentialed Administrator may deem a rating equivalent to "Emerging" as satisfactory performance on a component of the evaluation based on the length of time in a position, change in assignment, or previous ratings.
6.1.4 Unsatisfactory performance on a component of the evaluation is a rating equivalent to "Developing." The Credentialed Administrator may deem a rating equivalent to "Emerging" as unsatisfactory performance on a component of the evaluation based on the length of time in a position, change in assignment, or previous ratings.
6.2 The Summative Evaluation shall also include 1 of 4 overall ratings: “Distinguished”, “Accomplished”, “Emerging”, or “Developing”.
6.2.1 “Distinguished” means that the administrator has earned a sum of 19 or 20 Component rating points.
6.2.2 “Accomplished" means that the administrator has earned a sum of 14 to 18 Component rating points.
6.2.3 “Emerging" means that the administrator has earned a sum of 9 to 13 Component rating points.
6.2.4 “Developing" means that the administrator has earned a sum of 5 to 8 Component rating points.
6.2.5 Satisfactory performance on the overall evaluation is a rating equivalent to "Distinguished" or "Accomplished." The Credentialed Administrator may deem an overall evaluation rating equivalent to "Emerging" as satisfactory performance based on the length of time in a position, change in assignment, or previous ratings.
6.2.6 Unsatisfactory performance on the overall evaluation is a rating equivalent to "Developing." The Credentialed Administrator may deem an overall evaluation rating equivalent to "Emerging" as unsatisfactory performance based on the length of time in a position, change in assignment, or previous ratings.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-7.0** Pattern of Ineffective Administrative Performance {#sec-108a-7.0 omnilex-key=us-de-regs-official--title-14--108A-7.0}
For the purpose of this regulation, and as required by 14 Del.C. §1270B(b), "pattern of ineffective practice" means at least 2 consecutive ratings of “Developing” or 3 consecutive ratings that are a combination of “Emerging” and “Developing” on the most recent Summative Evaluations of an administrator using the DPAS II process and shall be deemed as a pattern of ineffective administrative performance.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-8.0** Supports for Improvement {#sec-108a-8.0 omnilex-key=us-de-regs-official--title-14--108A-8.0}
8.1 An Improvement Plan shall be developed for an administrator who receives an overall rating of “Developing” on the Summative Evaluation or a rating of Needs Improvement or Ineffective on Component 5: Student Improvement in Section 5.0 on the Summative Evaluation regardless of the overall rating.
8.1.1 An Improvement Plan may also be developed if an administrator's performance during the Annual Appraisal Cycle is unsatisfactory, as outlined in the DPAS II Guide for Administrators.
8.1.2 The Improvement Plan shall be developed cooperatively by the administrator and the administrator's Credentialed Administrator. If the plan cannot be cooperatively developed, the administrator's Credentialed Administrator shall have the authority and responsibility to determine the plan as specified in subsection 8.1 above.
8.1.3 The administrator shall be held accountable for the implementation and completion of the Improvement Plan.
8.1.4 Upon completion of the Improvement Plan, the administrator and the administrator's Credentialed Administrator shall sign the documentation that determines the satisfactory or unsatisfactory performance of the plan.
8.2 Leadership priorities shall be developed for an administrator who receives an overall rating of “Emerging” on the Summative Evaluation or a rating of “Developing” or “Emerging” in Component 1, Component 2, Component 3, or Component 4. Leadership priorities shall be completed as outlined in the DPAS II Guide for Administrators. For the purpose of this regulation, leadership priorities mean a document for annually recording specific areas of leadership practices where improvement would contribute to overall growth as a leader and to improved student outcomes.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-9.0** Challenge Process {#sec-108a-9.0 omnilex-key=us-de-regs-official--title-14--108A-9.0}
9.1 An administrator may challenge any rating on the Summative Evaluation, either an Appraisal Component Rating or the Overall Rating, or an administrator may challenge unsatisfactory performance identified by the administrator's Credentialed Administrator during the Annual Appraisal Cycle, pursuant to subsection 8.1.1. To initiate a challenge, an administrator shall submit additional information specific to the point of disagreement in writing within 15 working days of the date of administrator's receipt of the Summative Evaluation. Such written response shall become part of the appraisal record and shall be attached to the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor of the Credentialed Administrator, if any.
9.1.1 Within 15 working days of receiving the written challenge, the supervisor of the Credentialed Administrator shall review the record which consists of all documents used in the appraisal and the written challenge, meet with the administrator, and issue a written decision.
9.1.2 If the challenge is denied, the written decision shall state the reasons for denial.
9.1.3 The decision of the supervisor of the Credentialed Administrator shall be final.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-10.0** Credentialing Administrators {#sec-108a-10.0 omnilex-key=us-de-regs-official--title-14--108A-10.0}
10.1 Credentialing processes and assessments shall be established and conducted by the Department and developed in collaboration with school and district level administrators.
10.2 Credentialed Administrator credentials for the utilization of each of the DPAS II Guides are earned upon successful completion of the credentialing assessment. Credentialed Administrators credentials are valid for 5 years from the date of issue. Credentialed Administrators may seek to renew their credentials within 24 months prior to the expiration date. If the educator does not renew the educator's credentials, the educator shall not complete DPAS II.
10.2.1 Completion of a foundational DPAS II training shall allow Credentialed Administrators to conduct administrator evaluations until the credentialing assessment is established and implemented for Credentialed Administrators.
10.2.2 Upon the initial implementation of the credentialing assessment, the Department shall establish a time period during which the assessment will be offered at least 3 times in order to provide multiple opportunities for an individual to earn the credential. Once available, an administrator shall have the opportunity to take the assessment at least 3 times. Administrators shall earn their credential during 1 of those opportunities before continuing their work. If administrators do not earn a credential, they will not be permitted to conduct administrator evaluations, but, in order to earn their credential, shall have the opportunity to take the assessment again during the next time period that such a credentialing assessment is offered.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-11.0** Credentialed Administrator Training {#sec-108a-11.0 omnilex-key=us-de-regs-official--title-14--108A-11.0}
11.1 Training opportunities shall be offered annually and shall include techniques for observation and conferencing and a review of the DPAS II Guide for Administrators. Activities in which participants practice implementation of DPAS II procedures may be included.
11.2 Credentialed Administrators shall complete a DPAS II training developed by the Department upon notice to superintendents and heads of charter schools from the Department subsequent to substantive changes to an applicable DPAS II Guide for Administrators.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-12.0** Waiver of DPAS II Provisions {#sec-108a-12.0 omnilex-key=us-de-regs-official--title-14--108A-12.0}
12.1 In accordance with 14 Del.C. §1270B(f), a school district or charter school may submit an application to the Department for a waiver of the provisions of the DPAS II. The waiver request shall be based on a locally developed evaluation process that meets all of the requirements in subsections 12.1.1 through 12.1.4.
12.1.1 The applicant's evaluation process is demonstrated to be the product of the collective bargaining process pursuant to 14 Del.C. Ch. 40 and community review.
12.1.2 The applicant's evaluation process is as rigorous and as educationally sound as DPAS II.
12.1.3 The applicant's evaluation process provides for evaluating administrator performance by measuring student growth using multiple measures over the course of a curricular year.
12.1.4 The applicant's evaluation process contains a mechanism for certifying evaluators and for quality control.
12.2 The school district or charter school shall submit the application and supporting documentation to the Department's Educator Excellence Workgroup by March 1.
12.3 The Department will review the application to determine if it is complete. If the application is incomplete, the school district or charter school may resubmit the application. If the application is complete, the Department will determine whether to grant the application based on the rubric in the application.
12.4 The Department may grant an application for a waiver for up to 3 years.
12.5 If the school district or charter school is granted a waiver, and the waiver expires, the school district or charter school shall submit a new application in order for the Department to grant another waiver.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-13.0** DPAS II Monitoring {#sec-108a-13.0 omnilex-key=us-de-regs-official--title-14--108A-13.0}
The Department shall annually monitor implementation of DPAS II for administrators.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
##### **14 Del. Admin. Code § 108A-14.0** Evaluation of Process {#sec-108a-14.0 omnilex-key=us-de-regs-official--title-14--108A-14.0}
The Department shall conduct a biennial evaluation of the administrator appraisal process. The evaluation shall, at a minimum, include a survey of administrators and interviews with a sampling of administrators. Data from the evaluation and proposed changes to DPAS II shall be presented to the State Board of Education for review on a biennial basis.
**History**
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *21 DE Reg. 40 (07/01/17)*
- *27 DE Reg. 102 (08/01/23)*
- *15 DE Reg. 836 (12/01/11)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
- *27 DE Reg. 102 (08/01/23)*
- *19 DE Reg. 41 (07/01/15)*
- *27 DE Reg. 102 (08/01/23)*
- *13 DE Reg. 1072 (02/01/10)*
- *15 DE Reg. 836 (12/01/11)*
- *15 DE Reg. 1596 (05/01/12)*
- *18 DE Reg. 48 (07/01/14)*
- *19 DE Reg. 41 (07/01/15)*
- *21 DE Reg. 40 (07/01/17)*
- *22 DE Reg. 1002 (06/01/19)*
- *27 DE Reg. 102 (08/01/23)*
## **200** Administration and Operations
### **201** District and School Shared Decision Making (Repealed)
##### **14 Del. Admin. Code § 201** District and School Shared Decision Making (Repealed) {#sec-201 omnilex-key=us-de-regs-official--title-14--201}
This regulation was repealed, effective February 11, 2021.
**History**
- *1 DE Reg. 1400 (03/01/98)*
- *5 DE Reg. 1615 (02/01/02)*
- *10 DE Reg. 1140 (01/01/07)*
- *24 DE Reg. 770 (02/01/21)*
### **220** Diversity
##### **14 Del. Admin. Code § 220** Diversity {#sec-220 omnilex-key=us-de-regs-official--title-14--220}
200 Administration and Operations
220 Diversity
1.0 Definitions
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Diversity” in a school community means it embraces and builds on the strengths of individual and group differences, and by so doing enriches the educational program for all students. The curriculum is inclusive of many racial, ethnic, regional, religious, linguistic, and socioeconomic groups, gives visibility to both women and men, to people of all ages, and to persons with disabilities, and affirms the richness of our pluralistic society. The Secretary of Education believes that students achieve their best in classrooms where diversity is commonplace.
"Success Plan" means the web-based document submitted to the Department of Education as part of the request for state and federal funds that provides the mission, goals, objectives, measures, and strategies of the district or school.
12 DE Reg. 1203 (03/01/09)
2.0 Each School District Shall
2.1 Infuse information on diverse cultural groups throughout the K to 12 curriculum in order to equip students with the knowledge and skills necessary to participate productively in a culturally diverse society.
2.2 Provide professional development to equip all teachers with various instructional techniques and best practices.
2.3 Describe in district success plans and school success plans how disparities and gaps in student achievement associated with the student’s gender, race, ethnicity, socioeconomic status, limited English proficiency, or disability will be identified and eliminated.
2.4 Provide student counseling, assessment, discipline and placement that is sensitive to the needs of diverse populations.
2.5 Provide appropriate instruction to limited English proficient students so that they will have success in a mainstream classroom where the medium of instruction is English.
2.6 Describe in the district success plan a strategy to attract and retain a highly skilled and committed faculty and staff reflective of the diversity in the school community.
2.7 Enact measures to avoid and address inequitable and prejudicial behaviors among employees and students.
2.8 Describe in the school success plans specific ways principals and building staff create an atmosphere which recognizes, accepts and values diversity as a positive, integral resource of a democratic society.
2 DE Reg. 1244 (1/1/99)
7 DE Reg. 1177 (3/1/04)
12 DE Reg. 1203 (03/01/09)
### **225** Prohibition of Discrimination
##### **14 Del. Admin. Code § 225** Prohibition of Discrimination {#sec-225 omnilex-key=us-de-regs-official--title-14--225}
200 Administration and Operations
225 Prohibition of Discrimination
1.0 Prohibition of Discrimination
No person in the State of Delaware shall on the basis of race, color, religion, national origin, sex, sexual orientation, genetic information, marital status, disability, age or Vietnam Era veteran’s status be unlawfully excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving approval or financial assistance from or through the Delaware Department of Education.
2 DE Reg. 1246 (01/01/99)
7 DE Reg. 1177 (03/01/04)
9 DE Reg. 1069 (01/01/06)
14 DE Reg. 554 (12/01/10)
### **230** Promotion
##### **14 Del. Admin. Code § 230** Promotion {#sec-230 omnilex-key=us-de-regs-official--title-14--230}
230 Promotion
1.0 Each Local School District and Charter School Shall Have a Promotion Policy for Kindergarten Through Grade 12
1.1 Local school districts and charter schools must follow, at a minimum, the requirements for promotion as defined in 14 Del.C. §153, titled Matriculation and Academic Promotion Requirements and 14 DE Admin. Code 925, Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs.
1.2 The promotion policies for grades 1 to 8 must also, at a minimum, include the following:
1.2.1 Students in grades 1 to 8 must receive instruction in English Language Arts or its equivalent, mathematics, social studies and science each year as defined in the Delaware Content Standards.
1.2.2 Students in grades 1 to 8 must pass 50% of their instructional program each year (excluding physical education) to be promoted to the next grade level. One of the subject areas that must be passed is English Language Arts or its equivalent. English Language Arts or its equivalent includes English as a Second Language (ESL), and bilingual classes that are designed to develop the English language proficiency of students who have been identified as LEP. Classes in English Language Arts, mathematics, science and social studies include those which employ alternative instructional methodologies designed to meet the needs of LEP students in the content areas.
2 DE Reg. 1248 (1/1/99)
7 DE Reg. 928 (1/1/04)
12 DE Reg. 932 (01/01/09)
2.0 Policy Reporting Requirements
2.1 Each local school district and charter school shall have an electronic copy of its current promotion policy on file with the Department of Education.
2.2 Each local school district and charter shall provide an electronic copy of its promotion policy to the Department of Education within thirty (30) of any revision(s) regardless of whether said revisions were made as a result of changes to Federal, state or local law, regulations, guidance, or policies.
12 DE Reg. 932 (01/01/09)
### **235** Teacher of the Year Award
##### **14 Del. Admin. Code § 235-1.0** Purpose {#sec-235-1.0 omnilex-key=us-de-regs-official--title-14--235-1.0}
Pursuant to 14 Del.C. Ch. 89, this regulation provides guidance to Delaware public schools, districts and charter schools regarding the qualifications and nomination of candidates for Teacher of the Year.
**History**
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *28 DE Reg. 43 (07/01/24)*
- *3 DE Reg. 104 (07/01/99)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *14 DE Reg. 805 (02/01/11)*
- *18 DE Reg. 692 (03/01/15)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
##### **14 Del. Admin. Code § 235-2.0** Definitions {#sec-235-2.0 omnilex-key=us-de-regs-official--title-14--235-2.0}
The following words and terms, when used in this regulation, shall have the following meanings:
“Department” means the Delaware Department of Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Teacher of the Year Award” means recognition and a monetary award given by either a teacher’s employing school, district or charter school, or the Department of Education as a way to reward outstanding teachers in the state.
“Teacher of the Year Award Fund” means a $5000 set aside fund within the budget of the Department to be used for the statewide Teacher of the Year Award recipient’s exclusive assignment and disbursement.
**History**
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *28 DE Reg. 43 (07/01/24)*
- *3 DE Reg. 104 (07/01/99)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *14 DE Reg. 805 (02/01/11)*
- *18 DE Reg. 692 (03/01/15)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
##### **14 Del. Admin. Code § 235-3.0** Qualifications for a Local Teacher of the Year Award {#sec-235-3.0 omnilex-key=us-de-regs-official--title-14--235-3.0}
3.1 To be considered for the local Teacher of the Year Award a person shall:
3.1.1 Have taught, continuously or intermittently, for an accumulative period of 3 years or more in a Delaware public school previous to the date of such person's nomination;
3.1.2 Have been formally nominated;
3.1.3 Be actively teaching in the nominating district or charter school in Delaware at the time of nomination.
3.1.4 Meet all the requirements for a Standard Certificate for the position held and hold a valid and current license, as issued by the Department pursuant to the regulations promulgated by the Professional Standards Board and approved by the State Board of Education.
**History**
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *28 DE Reg. 43 (07/01/24)*
- *3 DE Reg. 104 (07/01/99)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *14 DE Reg. 805 (02/01/11)*
- *18 DE Reg. 692 (03/01/15)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
##### **14 Del. Admin. Code § 235-4.0** Nomination Procedure for State Teacher of the Year Award {#sec-235-4.0 omnilex-key=us-de-regs-official--title-14--235-4.0}
4.1 The following procedure shall apply for identifying and nominating candidates for the state Teacher of the Year:
4.1.1 The Department shall meet annually with appropriate district personnel and the representative for the charter schools for the purpose of providing detailed instructions and proper forms for the nomination of candidates for the state Teacher of the Year Award.
4.1.2 Each district is invited to nominate 1 teacher employed by the district who has been chosen as a Teacher of the Year from amongst 1 of its school buildings.
4.1.3 Charter schools are invited to select 1 teacher to represent all of the charter schools.
4.1.4 Nominees for the state Teacher of the Year Award shall be skillful and dedicated teachers who teach a grade prekindergarten through grade 12.
4.1.5 Nominees for State Teacher of the Year Award who are not actively engaged in teaching in a public school at the time at which observations are made pursuant to Section 5.0 below shall be disqualified.
4.1.6 Administrative personnel such as principals and school counselors are not eligible to be considered for the State Teacher of the Year Award.
**History**
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *28 DE Reg. 43 (07/01/24)*
- *3 DE Reg. 104 (07/01/99)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *14 DE Reg. 805 (02/01/11)*
- *18 DE Reg. 692 (03/01/15)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
##### **14 Del. Admin. Code § 235-5.0** Requirements for State Teacher of the Year Award Nominees {#sec-235-5.0 omnilex-key=us-de-regs-official--title-14--235-5.0}
Nominees shall submit a portfolio describing themselves and setting forth their positions on educational issues in a Department-approved format that is also consistent with the National Teacher of the Year program.
**History**
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *28 DE Reg. 43 (07/01/24)*
- *3 DE Reg. 104 (07/01/99)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *14 DE Reg. 805 (02/01/11)*
- *18 DE Reg. 692 (03/01/15)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
##### **14 Del. Admin. Code § 235-6.0** Evaluation and Selection of the State Teacher of the Year Award Recipient {#sec-235-6.0 omnilex-key=us-de-regs-official--title-14--235-6.0}
6.1 The following procedure shall occur to evaluate and select the state Teacher of the Year award recipient from amongst all nominated candidates:
6.1.1 Following the submission of portfolios, selected Department staff members and selected former Teachers of the Year shall be assigned in pairs to read the portfolios of 2 nominees and observe those nominees in the classroom based on the criteria stipulated in the Teacher of the Year Program Guide that is updated each year.
6.1.2 Another group of Department staff members and former Teachers of the Year shall be assigned to read the portfolios and rate them based on forms found in the Teacher of the Year Program Guide. Based on the numerical ratings from both the portfolio readers and from the observations, 3 nominees shall be identified as finalists for consideration by a panel of judges.
6.1.3 The panel of judges shall include: the current State Teacher of the Year; the President of the State Parent Teacher Association; the President of the Future Educators Association; a member of the State Board of Education; a representative of the Chamber of Commerce; the President of the Delaware State Education Association; and the Chair of the Professional Standards Board or, if necessary, their designees.
6.1.4 The judges shall recommend 1 person for the Secretary of Education to declare as the State Teacher of the Year.
6.1.5 The final selection of the state Teacher of the Year Award recipient is made solely at the discretion of the Secretary of Education and the Secretary’s decision shall be final.
**History**
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *28 DE Reg. 43 (07/01/24)*
- *3 DE Reg. 104 (07/01/99)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *14 DE Reg. 805 (02/01/11)*
- *18 DE Reg. 692 (03/01/15)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
##### **14 Del. Admin. Code § 235-7.0** Funding and Use of Funds {#sec-235-7.0 omnilex-key=us-de-regs-official--title-14--235-7.0}
7.1 The Teacher of the Year Award Fund, in the amount of $5,000, shall be set aside within the budget of the Department to be used for the statewide Teacher of the Year Award recipient’s exclusive assignment and disbursement.
7.1.1 The Teacher of the Year Award Funds, shall not be used for the personal benefit of the award recipient, but shall be used solely to accomplish educational purposes or objectives for students; however that in the use of such funds for educational purposes, the recipient may be an indirect or incidental beneficiary as teacher of the benefited pupils. In the event all funds for an Award recipient have not been completely expended by the time a subsequent award is granted, the remainder of the former recipient’s award shall not revert, but shall remain set aside in the name of the former recipient such time as it is totally expended or the recipient dies or leaves the state.
7.1.2 In order to withdraw funds, the recipient shall present to the superintendent of the local school district or the head of the charter school in which the recipient is employed a plan for utilization of the award in order to avoid wasteful duplication of materials or violation of school district or charter school policy.
7.1.3 Possible use of funds includes:
7.1.3.1 Purchase of non-consumable materials and supplies (library books, audio/visual equipment, computer equipment, etc.);
7.1.3.2 Purchase of otherwise consumable materials that are used in the production of a student designed item (artist’s paper, canvas, instruments, wood, etc.);
7.1.3.3 Payment for student travel (museum, theatres, historic sites, etc.);
7.1.3.4 Employment of performers or consultants (musical group, author, poet or historian, etc.); or
7.1.3.5 Reimbursements to the recipient, not to exceed $500, for personal expenses.
7.1.4 Materials, equipment or other items purchased with such funds shall be the property of the Delaware public school district or charter school in which the recipient is employed at the time of expenditure.
7.1.5 Invoices, purchase orders or personal reimbursement forms related to withdrawals from the Teacher of the Year Award Fund shall be retained by the local school district or charter school and shall be available for inspection as public records and subject to regular audit by the State Auditor of Accounts.
**History**
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *22 DE Reg. 1003 (06/01/19)*
- *28 DE Reg. 43 (07/01/24)*
- *3 DE Reg. 104 (07/01/99)*
- *7 DE Reg. 1178 (03/01/04)*
- *9 DE Reg. 1182 (02/01/06)*
- *14 DE Reg. 805 (02/01/11)*
- *18 DE Reg. 692 (03/01/15)*
- *22 DE Reg. 1003 (06/01/19)*
- *27 DE Reg. 247 (10/01/23)*
- *28 DE Reg. 43 (07/01/24)*
### **237** Educational Support Professional of the Year
##### **14 Del. Admin. Code § 237-1.0** Purpose {#sec-237-1.0 omnilex-key=us-de-regs-official--title-14--237-1.0}
The purpose of this regulation is to establish policies and procedures by which Educational Support Professional of the Year award funds may be used by the designated recipient pursuant to 14 Del.C. §8906D.
**History**
- *26 DE Reg. 389 (11/01/22)*
- *22 DE Reg. 937 (05/01/19)*
- *26 DE Reg. 389 (11/01/22)*
##### **14 Del. Admin. Code § 237-2.0** Definitions {#sec-237-2.0 omnilex-key=us-de-regs-official--title-14--237-2.0}
The words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Department” means the Delaware Department of Education.
"Educational Support Professional of the Year Award Fund” means a $5,000 set aside fund within the budget of the Department of Education for the award recipient to make withdrawals from as necessary to serve educational purposes and objectives as described in 14 Del.C. §8906D.
“Educational Support Professional of the Year Award Recipient” or “Recipient” means a school employee whose position is instructional in nature or who provides other direct or indirect services to students and their parents such as paraprofessionals, instructional aides, custodial staff, secretaries, nutritional staff and school bus drivers, who is recognized for their outstanding service as described in 14 Del.C. §8903D. This designation is given at both the local school district and at the statewide level.
**History**
- *26 DE Reg. 389 (11/01/22)*
- *22 DE Reg. 937 (05/01/19)*
- *26 DE Reg. 389 (11/01/22)*
##### **14 Del. Admin. Code § 237-3.0** Funding {#sec-237-3.0 omnilex-key=us-de-regs-official--title-14--237-3.0}
3.1 The Educational Support Professional of the Year Award Fund, in the amount of $5,000, shall be set aside within the budget of the Department to be used for the statewide Educational Support Professional of the Year Award Recipient’s exclusive assignment and disbursement.
3.2 The Educational Support Professional of the Year Award Recipient shall not directly receive the funds, but may make withdrawals solely for educational purposes and to benefit students. No amount of such award shall be used for the personal benefit of the award recipient; however, in the use of such funds for educational purposes, the Recipient may be an indirect or incidental beneficiary as educational support professional of the benefited pupils.
3.3 In order to withdraw funds, the Recipient shall present to the superintendent of the local school district a plan for utilization of the award in order to avoid wasteful duplication of materials or violation of school district policy.
3.4 Possible use of funds includes, but is not limited to:
3.4.1 Purchase of non-consumable materials and supplies (library books, audio/visual equipment, computer equipment, etc.);
3.4.2 Purchase of otherwise consumable materials that are used by students (paper, notebooks, binders, pencils, etc.);
3.4.3 Employment of performers or consultants (musical group, author, poet or other subject matter expert);
3.4.4 Student-centered professional development for building level Educational Support Professionals; or
3.4.5 Reimbursements to the recipient, not to exceed $500, for personal expenses.
3.5 Materials, equipment or other items purchased with such funds shall be the property of the local school district in which the recipient is employed at the time of expenditure.
3.6 Invoices, purchase orders or personal reimbursement forms related to withdrawals from the Educational Support Professional of the Year Award Fund shall be retained by the local school district and shall be available for inspection as public records and subject to regular audit by the State Auditor of Accounts.
**History**
- *26 DE Reg. 389 (11/01/22)*
- *22 DE Reg. 937 (05/01/19)*
- *26 DE Reg. 389 (11/01/22)*
### **239** Behavioral Health Professional of the Year
##### **14 Del. Admin. Code § 239-1.0** Purpose {#sec-239-1.0 omnilex-key=us-de-regs-official--title-14--239-1.0}
The purpose of this regulation is to establish policies and procedures by which the Behavioral Health Professional of the Year award funds may be used by the designated recipient pursuant to 14 Del.C. §8901E.
**History**
- *25 DE Reg. 402 (10/01/21)*
##### **14 Del. Admin. Code § 239-2.0** Definitions {#sec-239-2.0 omnilex-key=us-de-regs-official--title-14--239-2.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Behavioral Health Professional of the Year Award Fund" means a $5000 fund set aside within the budget of the Department of Education for the award recipient to make withdrawals from as necessary to fund educational purposes and objectives as described in 14 Del.C. Ch. 89E.
"Behavioral Health Professional of the Year Award Recipient" or "Recipient" means a school employee whose position is health care practitioner or social or human services provider who offers services for the purpose of improving an individual's mental health, such as school counselors, school social workers, licensed clinical social workers, school psychologists and school nurses as described in 14 Del.C. Ch. 89E. This designation is given at both the local school district and at the statewide level.
"Department" means the Delaware Department of Education.
**History**
- *25 DE Reg. 402 (10/01/21)*
##### **14 Del. Admin. Code § 239-3.0** Funding {#sec-239-3.0 omnilex-key=us-de-regs-official--title-14--239-3.0}
3.1 The Behavioral Health Professional of the Year Award Fund, in the amount of $5,000 shall be set aside within the budget of the Department to be used by the statewide Behavioral Health Professional of the Year Award Recipient for educational purposes or objectives benefiting pupils.
3.1.1 The Behavioral Health Professional of the Year Award Recipient shall not directly receive the funds or use them for personal benefit, however, the Recipient may be an indirect or incidental beneficiary as the Behavioral Health Professional of the benefited pupils.
3.1.2 In order to withdraw funds, the Recipient shall present to the superintendent of the local school district a plan for utilization of the award in order to avoid wasteful duplication of materials or violation of school district policy.
3.1.3 Possible use of funds includes, but is not limited to:
3.1.3.1 Purchase of non-consumable materials and supplies (library books, audio visual equipment, crossing signs, computer equipment and programs, musical instruments, specialized furniture);
3.1.3.2 Purchase of otherwise consumable materials that are used by students (paper, notebooks, binders, pens, pencils, paints, instruments, wood and metal);
3.1.3.3 Employment of performers or consultants (touring companies of a dramatic nature or musical group, visiting artist, poet, author or other subject matter expert);
3.1.3.4 Student-centered professional development for building level Behavioral Health Professionals; or
3.1.3.5 Reimbursements to the recipient, not to exceed $500, for personal expenses.
3.1.4 Materials, equipment or other durable items purchased with such funds shall be the property of the local school district or charter school in which the recipient is employed at the time of expenditure.
3.1.5 Invoices, purchase orders or personal reimbursement forms related to withdrawals from the Behavioral Health Professional of the Year Award Fund shall be retained by the local school district or charter school and shall be available for inspection as public records and subject to regular audit by the State Auditor of Accounts.
3.1.6 In the event that all funds set aside for an award recipient have not been completely expended by that recipient at the time when a subsequent award is granted, the remainder of the former recipient's award shall not revert, but shall remain set aside in the name of the former recipient until such time as it is totally expended or the recipient becomes deceased or leaves the State of Delaware.
3.1.7 The Behavioral Health Professional of the Year Award Fund shall be distinct from, and in addition to, the range of awards at the school district or charter school level.
3.2 School districts shall fund the $2,000 personal award, including other employment costs, to the person chosen district Behavioral Health Professional of the Year. The specific charter school which employs the chosen overall charter school Behavioral Health Professional of the Year shall fund the $2,000 personal award, including other employment costs. Additionally, the Department of Education will set aside a $3,000 personal award, including other employment costs, to the statewide Behavioral Health Professional of the Year.
**History**
- *25 DE Reg. 402 (10/01/21)*
### **240** Recruiting and Training of Professional Educators for Critical Curricular Areas (Repealed)
##### **14 Del. Admin. Code § 240** Recruiting and Training of Professional Educators for Critical Curricular Areas (Repealed) {#sec-240 omnilex-key=us-de-regs-official--title-14--240}
This regulation was repealed, effective June 11, 2020.
**History**
- *3 DE Reg. 100 (07/01/99)*
- *7 DE Reg. 994 (02/01/04)*
- *12 DE Reg. 1205 (03/01/09)*
- *23 DE Reg. 1008 (06/01/20)*
### **245** Michael C. Ferguson Achievement Awards (Repealed)
##### **14 Del. Admin. Code § 245** Michael C. Ferguson Achievement Awards (Repealed) {#sec-245 omnilex-key=us-de-regs-official--title-14--245}
This regulation was repealed, effective April 11, 2023.
**History**
- *4 DE Reg. 224 (07/01/00)*
- *5 DE Reg. 1906 (04/01/02)*
- *7 DE Reg. 998 (02/01/04)*
- *12 DE Reg. 780 (12/01/08)*
- *15 DE Reg. 639 (11/01/11)*
- *22 DE Reg. 1006 (06/01/19)*
- *26 DE Reg. 832 (04/01/23)*
### **252** Required Educational Records and Transfer and Maintenance of Educational Records
##### **14 Del. Admin. Code § 252-1.0** Purpose {#sec-252-1.0 omnilex-key=us-de-regs-official--title-14--252-1.0}
The purpose of this regulation is to provide a list of required educational records and outline the process for transferring and maintaining those records.
**History**
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *8 DE Reg. 1112 (02/01/05)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
##### **14 Del. Admin. Code § 252-2.0** Definitions {#sec-252-2.0 omnilex-key=us-de-regs-official--title-14--252-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Court Orders” means any written direction from a court of competent jurisdiction directed to the student or affecting the student’s care or custody.
“Cumulative Record File” means a file containing the Delaware Emergency Treatment Card, Identifying Data, School Health Record, Progress Report, Student Transcript (for students in grades 9 and above), and Discipline Record.
“Delaware Emergency Treatment Card” means a form containing contact information and general school emergency procedures for the care of a student who becomes sick or injured at school. The card contains the following information: the student's name, birth date, school district, school, grade or class assignment, home address, and telephone number; the name, place of employment and work telephone number of the parent, guardian or relative caregiver; 2 other names, addresses, and telephone numbers of individuals who can be contacted at times when the parent, guardian or relative caregiver cannot be reached; the name and telephone number of the primary health care provider and family dentist; any medical conditions or allergies the student has; and the student's medical insurance. NONREGULATORY NOTE: 14 DE Admin. Code 811 School Health Record Keeping Requirements contains the same definition for "Delaware Emergency Treatment Card."
“Delaware School Health Record” means the form required by 14 DE Admin. Code 811 for Delaware public school students.
“Discipline Record” means information about all periods of suspension or of expulsion from the regular school setting imposed on a student as a result of an infraction of the school or district’s code of conduct or other rules.
“Identifying Data” means the name of the student, date of birth, sex, race and ethnicity, address, telephone number, Delaware student identification number and the name of the parents, guardians, or relative caregivers.
“Progress Report” means a single record maintained for each student in kindergarten through grade 8 that contains end of year and up to date grades; standardized tests scores such as the state student assessment; and attendance data for each year of the student’s attendance.
"Public School" means a school or charter school having any or all of grades kindergarten through grade 12, supported primarily from public funds and under the supervision of public school administrators.
“Student Transcript” means a single record maintained for each student in grades 9 and above that contains the following: end of year and up to date grades; credits earned; class rank; Grade Point Average (GPA); withdrawal or graduation date; standardized tests scores such as the state student assessment, SAT, PSAT, ACT; attendance data and school activities. If applicable, a list of the career technical competencies achieved by a student enrolled in a specific career technical program shall also be included.
**History**
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *8 DE Reg. 1112 (02/01/05)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
##### **14 Del. Admin. Code § 252-3.0** Education Records Required by Schools in Delaware {#sec-252-3.0 omnilex-key=us-de-regs-official--title-14--252-3.0}
3.1 Each Delaware school shall maintain a Cumulative Record File either as an electronic or paper file for each student enrolled.
3.1.1 The student Cumulative Record File shall contain the Delaware Emergency Treatment Card, Identifying Data, School Health Record, Progress Report, Student Transcript (for students in grades 9 and above) and Discipline Record.
3.1.2 The student Cumulative Record File shall also contain any Court Orders in the school or district’s possession, and;
3.1.3 The Cumulative Record File for a child with a disability as defined in 14 DE Admin. Code 925 or for a child identified under Section 504 shall contain any records related to the identification, evaluation, placement, and provision of a free appropriate public education. Such documents may be collected and maintained separately.
**History**
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *8 DE Reg. 1112 (02/01/05)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
##### **14 Del. Admin. Code § 252-4.0** Transfer of the Records of Public School and Private Schools Students {#sec-252-4.0 omnilex-key=us-de-regs-official--title-14--252-4.0}
4.1 When a student transfers from a public school, private school or an educational program operated by the Department of Services for Children, Youth and Their Families to any other school in Delaware, the receiving school shall immediately request the Cumulative Record File from the sending school or program.
4.2 The Cumulative Record File shall follow each student transferred from 1 school to another including files for each student with disabilities transferred from 1 school to another.
4.2.1 Public schools, school districts, private schools and educational programs operated by the Department of Services for Children, Youth and Their Families shall promptly transfer a student’s Cumulative Record File upon the request of a receiving school.
4.2.1.1 Public schools and school districts shall maintain the original Cumulative Record File and provide a copy of the file when students transfer to a private school or educational program operated by the Department of Services for Children, Youth and Their Families.
4.2.1.2 Public schools and school districts shall provide the original Cumulative Record File when transferring records to another public school.
4.2.2 Unpaid student fees or fines shall not be a basis for a public school, school district or an educational program operated by the Department of Services for Children, Youth and Their Families to deny or to delay transfer of the Cumulative Record File.
4.2.3 Students shall not be denied enrollment into a public school on the grounds that the student’s Cumulative Record File has not been received.
4.3 Before transferring student records, a public school, school district or private school shall specifically confirm that the Cumulative Record File contains the student’s Discipline Record.
4.4 When students transfer to a Delaware school from any other school including a school in a foreign country, the receiving school is responsible for having the transcripts evaluated.
4.5 Upon the closure of a charter school, the student’s Cumulative Record File shall be forwarded to the receiving school in accordance with charter school closure protocol as outlined in 14 Del.C. §512(16) and §515(i).
**History**
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *8 DE Reg. 1112 (02/01/05)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
##### **14 Del. Admin. Code § 252-5.0** Maintenance of the Education Records of Public Schools {#sec-252-5.0 omnilex-key=us-de-regs-official--title-14--252-5.0}
5.1 The Delaware School District General Records Retention Schedule published by the Delaware Public Archives shall be followed as to the length of time and special considerations for the maintenance of education records.
5.2 Contracts for storage of student records of graduates, withdrawals and special education students shall be initiated between the school district or charter school and the Delaware Public Archives.
5.3 The Cumulative Record Files for students who have graduated from or who left school prior to graduation from high school shall be stored at the school or district of last attendance or in the Delaware Public Archives.
**History**
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *8 DE Reg. 1112 (02/01/05)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
##### **14 Del. Admin. Code § 252-6.0** Destruction of Education Records of Public Schools {#sec-252-6.0 omnilex-key=us-de-regs-official--title-14--252-6.0}
6.1 The Delaware School District General Records Retention Schedule published by the Delaware Public Archives shall be followed as to the length of time and special considerations for the destruction of any education records.
6.2 The destruction of educational records of children with disabilities shall also comply with the requirements of 14 DE Admin. Code 927.
**History**
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *26 DE Reg. 761 (03/01/23)*
- *8 DE Reg. 1112 (02/01/05)*
- *13 DE Reg. 1075 (02/01/10)*
- *19 DE Reg. 618 (01/01/16)*
- *24 DE Reg. 348 (10/01/20)*
- *26 DE Reg. 761 (03/01/23)*
### **255** Definitions of Types of Schools
##### **14 Del. Admin. Code § 255-1.0** Purpose {#sec-255-1.0 omnilex-key=us-de-regs-official--title-14--255-1.0}
The purpose of this regulation is to define various types of schools and educational entities operating in the State of Delaware identified in Title 14 of the Delaware Code.
**History**
- *20 DE Reg. 547 (01/01/17)*
- *4 DE Reg. 1251 (02/01/01)*
- *7 DE Reg. 618 (11/01/03)*
- *12 DE Reg. 668 (11/01/08)*
- *20 DE Reg. 547 (01/01/17)*
- *26 DE Reg. 47 (07/01/22)*
##### **14 Del. Admin. Code § 255-2.0** Definitions {#sec-255-2.0 omnilex-key=us-de-regs-official--title-14--255-2.0}
The following words and terms, when used in this regulation, have the following meaning:
"Charter School" means a public school that is operated under a charter granted by, or transferred to, the Delaware Department of Education or other authorizing body pursuant to 14 Del.C. Ch. 5.
"Homeschool" means a nonpublic school pursuant to 14 Del.C. §2703A.
"Local Education Agency" or "LEA" means a reorganized traditional school district, vocational-technical school district, or charter school, legally constituted and established under Delaware law for either administrative control or direction of public elementary or secondary schools.
"Magnet School" means a physical plant having any or all of grades kindergarten through twelve, supported primarily from public funds and under the supervision of public school administrators. It exists under a designation granted by a reorganized school district.
"Nonpublic School" means a private school or home school pursuant to 14 Del.C. §2703A.
"Private School" means a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised.
"Public School" means a physical plant having any or all grades kindergarten through twelve, supported primarily from public funds and under the supervision of public school administrators.
"Reorganized School District" means a clearly defined geographic subdivision of the state organized for the purposes of administering public education pursuant to 14 Del.C. Ch. 10.
"School District" means a reorganized school district or a vocational-technical school district or both depending upon the context in which the term is used.
"Vocational-Technical School District" means a subdivision of the state, the boundaries of which are co-extensive with the boundaries of the county in which it is located, organized for the purposes of administering vocational and technical education pursuant to 14 Del.C. Ch. 10.
**History**
- *20 DE Reg. 547 (01/01/17)*
- *4 DE Reg. 1251 (02/01/01)*
- *7 DE Reg. 618 (11/01/03)*
- *12 DE Reg. 668 (11/01/08)*
- *20 DE Reg. 547 (01/01/17)*
- *26 DE Reg. 47 (07/01/22)*
### **260** General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA
##### **14 Del. Admin. Code § 260** General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA {#sec-260 omnilex-key=us-de-regs-official--title-14--260}
(11/15/16) *Note: Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C. § 1751, et seq. governs these programs.
**History**
- *5 DE Reg. 461 (8/1/01)*
- *8 DE Reg. 537 (10/1/04)*
- *13 DE Reg. 636 (11/01/09)*
- *20 DE Reg. 632 (02/01/17)*
### **262** General Administrative Appeal Procedures for National School Lunch Programs (NSLP), the School Breakfast Program (SBP) and the After School Snack Program (ASSP) of the United States Department of Agriculture (USDA) Fiscal Action
##### **14 Del. Admin. Code § 262** General Administrative Appeal Procedures for National School Lunch Programs (NSLP), the School Breakfast Program (SBP) and the After School Snack Program (ASSP) of the United States Department of Agriculture (USDA) Fiscal Action {#sec-262 omnilex-key=us-de-regs-official--title-14--262}
(11/15/16) *Note: Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C. § 1751, et seq., governs these programs.
**History**
- *8 DE Reg. 1471 (04/01/05)*
- *13 DE Reg. 1297 (04/01/10)*
- *20 DE Reg. 633 (02/01/17)*
### **264** General Administrative Appeal Procedures for the Summer Food Service Programs of the United States Department of Agriculture CACFP/USDA
##### **14 Del. Admin. Code § 264** General Administrative Appeal Procedures for the Summer Food Service Programs of the United States Department of Agriculture CACFP/USDA {#sec-264 omnilex-key=us-de-regs-official--title-14--264}
(11/15/16) *Note: Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C. § 1751, et. seq. governs these programs.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1298 (04/01/10)*
- *20 DE Reg. 634 (02/01/17)*
### **275** Charter Schools
##### **14 Del. Admin. Code § 275-1.0** Purpose and Effect {#sec-275-1.0 omnilex-key=us-de-regs-official--title-14--275-1.0}
1.1 The purpose of this regulation is to provide rules to govern the implementation of 14 Del.C. Ch. 5, hereafter referred to as the "Charter School Law." Specifically, the regulation addresses the development and maintenance of chartering policies and practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas including:
1.1.1 Agency commitment and capacity;
1.1.2 Application process and decision-making;
1.1.3 Performance-based accountability;
1.1.4 Ongoing oversight and evaluation; and
1.1.5 Renewal and revocation decision-making.
1.2 This regulation establishes the requirements for applying for a charter to operate a public school, renewal of the charter, modification of the charter, oversight of the charter’s performance, and for opening, operating, and closing the school, when a charter is granted by the Department with the approval of the State Board of Education.
1.3 This regulation affects students who attend charter schools, the parents and other caregivers of these students, the directors, staff administrators and boards of the charter schools, and the community, students, staff, administrators and boards of the reorganized school districts of the State.
1.4 This regulation shall bind all charter schools and are incorporated into all charters approved by, or transferred to the Department with the consent of the State Board.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-2.0** Definitions {#sec-275-2.0 omnilex-key=us-de-regs-official--title-14--275-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Accountability Committee” means any Charter School Accountability Committee established by the Department to review and report to the Department as provided in Sections 511 and 515 of the Charter School Law.
“Annual report” means a report submitted by the charter school to the approving authority, the Department, and State Board of Education and posted publicly on the school’s website. The report shall contain the information and follow the prescribed format required by statute.
“Applicant” means a legal entity organized under the Delaware General Corporation Law that has applied to the Department for, but not yet received, a charter to operate a charter school, or the renewal or modification of such a charter, as the context indicates.
“Audit” means an informal financial, programmatic, or compliance audit of a charter school.
“Charter contract” means an agreement between the authorizer and the charter school. A school enters into a charter contract with the authorizer that clearly defines the respective roles, powers, and responsibilities for the school and approving authority and incorporates the provisions of the Performance Agreement.
“Charter holder” means the legal entity organized under the Delaware General Corporation Law to which a charter is issued by the Department with the approval of the State Board.
“Charter school” means a public school that is operated under a charter granted by, or transferred to, the Department or other authorizing body pursuant to 14 Del.C. Ch. 5.
"Charter School Performance Fund" means a fund established pursuant to 14 Del.C. §509(m) with eligibility guidelines and criteria to evaluate applications developed by the Department. The Fund shall be subject to appropriation as outlined in Delaware Code.
“Department” means the Delaware Department of Education.
“Department’s Annual Charter Report” means a report prepared by the Department for the Governor, General Assembly, and State Board of Education in accordance with 14 Del.C. Ch. 5. The report shall be presented on or before February 1st of each year and is posted on the Department’s public website.
“Financial audit” means the audit required to be conducted pursuant to 14 Del.C. §513(a).
“First instructional day” means the first day a charter school is open with students in attendance.
“Formal review” means the lawful investigation of a charter school to determine whether the school is violating the terms of its charter. Formal reviews may include on-site visits, inspection of educational records and other documents, and interviews of parents, charter school employees and others with knowledge of the school’s operations and educational programs.
“Founding Board of Directors” means the Board of Directors of an applicant at the time the original application for a charter is filed with the Department.
"High-need students" means students that qualify as low economic status pursuant to Department determination, to include students with disabilities and English Learners.
“Impact” means the positive and negative effect that a new charter school or charter school expansion, if it should be approved, is projected to have upon the surrounding area and the education system of the state. Information regarding impact may, by itself or in combination with other factors, form the basis for conditions being placed on the approval of a new charter school or modification. Impact shall include educational, financial, and community information.
“Parent” means the natural or adoptive parent, or the legal guardian, of a student enrolled in the charter school. “Parent” also includes individuals authorized to act as relative caregivers under the provisions of 14 Del.C. §202(e)(2).
“Performance agreement” means the document which describes the academic performance expectations, identifies economic viability requirements, defines organizational responsibilities, and outlines accountability of the charter school. An approved Performance Agreement is for a specified term and uses a uniform format as prescribed by the Department with the assent of the State Board of Education. The Performance Agreement is enforceable as part of the school’s charter contract.
“Performance framework” means a rubric based tool established by the Department with the assent of the State Board of Education, as amended from time to time, which contains the details, includes multiple measures, and is used by the Department to assess compliance with the Performance Agreement in the areas of academic performance, economic viability, organizational responsibilities and accountability of the charter school. The completed frameworks will be provided to the Charter School Accountability Committee, Secretary and State Board of Education to inform their decision making.
“Performance review” means the process by which the charter school’s compliance with its Performance Agreement is evaluated annually to inform renewal, major modification and formal review decisions. Compliance with the charter and the Performance Agreement, as assessed through the Performance Framework, is the basis for the Performance Review. Analysis and results will be reported in the Department’s Annual Charter Report.
“Renewal” means the approval of an application to continue operating an existing charter school occurs in accordance with 14 Del.C. §514A.
“Secretary” means the Secretary of the Delaware Department of Education.
“State Assessment System” means the statewide assessment used to measure student achievement of the Delaware academic content standards including an alternate assessment based on alternate achievement standards for students with the most significant cognitive disabilities, and other assessments such as, but not limited to, the National Assessment for Educational Progress (NAEP), a college readiness assessment, an assessment for English Learners (ELs), a norm-referenced assessment that may be administered or required as determined by the Department.
“State Board” means the Delaware State Board of Education.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-3.0** Application Process {#sec-275-3.0 omnilex-key=us-de-regs-official--title-14--275-3.0}
3.1 Application Deadlines: Applications to establish new charter schools must be submitted to the Department between November 1st and December 31st for schools preparing to admit students in accordance with 14 Del.C. §511 (g) (1), (2).
3.2 All applications, whether for an original charter, a modification of a charter or the renewal of a charter, shall be made on forms approved by the Department.
3.3 An original and 5 copies of a completed application must be received by the Department by the application deadline in order for the application to be considered; an electronic copy shall also be submitted at the same time either as an attachment to an e-mail message or by electronic portable storage. The electronic copy shall be identical in all respects to the original application. Incomplete applications, or applications received after the deadline, will not be considered.
3.4 All written communications from the Department or the Accountability Committee to an applicant shall be sent to the contact person identified in the application, at the address provided in the application. An applicant is responsible for notifying the Department in writing of any change in the contact person or contact address after its application is submitted.
3.5 An application is not complete unless all of the following requirements are met:
3.5.1 All applicable sections in the application form are appropriately completed.
3.5.2 All documentation required by the application form or subsequently requested by the Department or the Accountability Committee is received by the deadline provided by the Charter School Office.
3.6 Applications will not remain pending from year to year. Applications that do not result in the issuance of a charter must be resubmitted in full in subsequent years to be considered in subsequent years.
3.7 The State Board of Education may designate 1 or more of its members to sit as nonvoting members of the Accountability Committee.
3.8 In deciding whether to approve or disapprove any application for an original charter, a major modification of a charter, the renewal of a charter, or the formal review of a charter, the Secretary and State Board shall base the decision on the record. The record shall consist of the application and any documents filed therewith in support of the application, the charter contract, the Performance Review (not applicable for new applications), reports of the Accountability Committee, any response or other evidence, oral or otherwise, provided by the applicant to the Accountability Committee prior to the issuance of its final report, any comments received at any public hearing conducted pursuant to the provisions of the Charter School Law, including comments made at any such hearing by the applicant in response to the Accountability Committee’s final report and any written or electronic comments received during the period of public comment. In the case of the renewal, major modification, or formal review of a charter, the record shall also include performance documentation generated during the term of the charter or related to the subject of the formal review, including compliance with the school’s charter contract and Performance Agreement, renewal report, audits and performance reviews, student testing data, and parent complaint documentation. No other evidence shall be considered. Written and electronic comments must be received by the Department's Charter School Office during the period of public comment established for the application and published by the Department.
3.9 Applicants and charter holders shall make the financial disclosures relating to ownership and financial interest as required by 14 Del.C. §511(q). A charter school founder or member of a charter school board has a “financial interest” in the charter school if that person receives compensation in excess of $5,000 from the charter school in any calendar year. Compensation means money, thing of value, or any other economic benefit of any kind or nature whatsoever conferred on or received by a charter school founder or member of a charter school board. “Ownership” shall have the meaning commonly ascribed to it as appropriate in context.
3.10 Consideration of Impact
3.10.1 The Department and the State Board may use public comments and information from the public record to inform the development of any proposed conditions relating to impact. When deciding whether to impose conditions, or the nature of conditions to be imposed, the Department and the State Board may consider 1 or more of the following criteria regarding impact:
3.10.1.1 Educational impact may include:
3.10.1.1.1 Projected effects on academic performance, including historical student achievement and growth trends of the applicant and the projected sending schools and districts;
3.10.1.1.2 Programmatic offerings and grade levels, including waiting lists and other information about similar programs in the surrounding area and unique program offerings as detailed in the application; and
3.10.1.1.3 Partnerships with local education agencies (including potential opportunities for district collaboration, innovation, and parent and community involvement).
3.10.1.2 Financial impact may include projected increases and decreases in costs and in revenue received by local education agencies, including fixed costs, teacher units, and transportation expenses, which are calculated using publicly available and verifiable data and information.
3.10.1.3 Community impact may include projected social, cultural, demographic, environmental, and economic trends and effects on the surrounding area.
3.10.2 The Department shall publish any proposed conditions relating to impact, including written justification for the conditions, on the Charter School Office web page no later than the first Thursday in March. Any proposed conditions shall be added to the public record and forwarded to the applicants.
3.10.3 The State Board shall review the Department’s proposed conditions relating to impact, and may propose additional conditions or modify conditions proposed by the Department. The State Board shall submit any proposed conditions, including written justification for the conditions, to the Department’s Charter School Office no later than 3 business days before the final meeting of the Accountability Committee. Any proposed conditions shall be added to the public record and forwarded to the applicants.
3.10.4 The final decision of the Secretary, presented for the assent of the State Board may include any of the previously proposed conditions relating to impact, but shall not include any conditions related to impact not proposed in accordance with 14 DE Admin. Code 275, subsections 3.10.2 and 3.10.3.
3.10.5 The State Board, in addition to voting to assent to the decision of the Department, may include any previously proposed conditions related to impact or modify conditions related to impact within the Secretary’s decision, but shall not include any conditions relating to impact not previously proposed in accordance with 14 DE Admin. Code 275, subsections 3.10.2 and 3.10.3 in its motion for assent to approve such application.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-4.0** Standards and Criteria for Granting Charter {#sec-275-4.0 omnilex-key=us-de-regs-official--title-14--275-4.0}
4.1 Applicant Qualifications
4.1.1 The applicant must demonstrate that its board of directors has and will maintain collective experience, or contractual access to such experience, in the following areas:
4.1.1.1 Research based curriculum and instructional strategies, aligned to Delaware content standards, to particularly include the curriculum and instructional strategies of the proposed educational program.
4.1.1.2 Business management, including accounting and school finance.
4.1.1.3 Personnel management.
4.1.1.4 Diversity issues, including outreach, student recruitment, and instruction.
4.1.1.5 At-risk populations and children with disabilities, including students eligible for special education and related services.
4.1.1.6 School operations, including facilities management.
4.1.2 The application must identify the certified teachers, the parents and the community members who have been involved in the preparation of the application and the development of the proposed charter school.
4.1.3 The applicant’s bylaws must be submitted with the application and must demonstrate that:
4.1.3.1 At the time at which the school commences its instructional program and all times thereafter, the board of directors of the charter holder must include a Delaware certified teacher employed as a teacher at a charter school operated by the applicant in Delaware and also include at least 1 parent of a student enrolled in a charter school operated in Delaware by the charter holder; further provided a single individual shall not represent both the certified teacher and parent role on the board;
4.1.3.2 The applicant’s business is restricted to the opening and operation of: Charter Schools, before school programs, after school programs and educationally related programs offered outside the traditional school year.
4.1.3.3 The board of directors will meet regularly and comply with the Freedom of Information Act, 29 Del.C. Ch. 100 in conducting the charter school’s business.
4.2 Performance Requirements
4.2.1 Minimum Requirements
4.2.1.1 The applicant must agree and certify that it will comply with the requirements of the State Public Education Assessment and Accountability System pursuant to 14 Del.C. §§151, 152, 153, 154, and 157 and the Department’s implementing rules and regulations including without limitation those relating to the State Assessment System.
4.2.1.2 The applicant must demonstrate that it has established and will apply measurable student performance goals on the applicable assessments administered pursuant to the State Assessment System, and a timetable for accomplishment of those goals, as established in the Performance Agreement.
4.2.1.3 If the applicant plans to adopt or use performance standards or assessments in addition to the standards set by the Department or the assessments administered pursuant to the State Assessment System, the application and performance agreement must specifically identify those additional standards or assessments and include a planned baseline acceptable level of performance, measurable goals for improving performance and a timetable for accomplishing improvement goals for each additional indicator or assessment. The use of additional performance standards or assessments shall not replace, diminish or otherwise supplant the charter school’s obligation to meet the performance standards set by the Department or to use the assessments administered pursuant to the State Assessment System and must be incorporated into the Performance Agreement.
4.2.1.4 Following charter approval, but not later than a date established by the Department, the applicant must enter into a charter contract with the approving authority and into a Performance Agreement approved by the Department with the assent of the State Board, which shall address the organizational, academic and financial performance expectations of the applicant during the term of the charter. The Department, with the assent of the Board, shall establish and publish a Performance Framework which shall be used to assess the school’s compliance with its Performance Agreement. Nothing contained herein shall be interpreted to relieve an applicant of its obligation to comply with any approval criteria or requirement set forth in 14 Del.C. Ch. 5. The Department shall conduct an annual Performance Review using the Performance Framework to ensure ongoing compliance with the school’s Performance Agreement.
4.3 Educational Program
4.3.1 The application must demonstrate that the school’s proposed program, curriculum and instructional strategies are aligned to State content standards, meet all grade appropriate State program requirements, and in the case of any proposed charter high school, includes driver education. The educational program shall include the provision of extra instructional time for at-risk students, summer school and other services required to be provided by school districts pursuant to the provisions of 14 Del.C. §153. Nothing in this subsection shall prevent an applicant from proposing high school graduation requirements in addition to the state graduation requirements.
4.3.2 The application must demonstrate that the charter school’s educational program has the potential to improve student performance. The program’s potential may be evidenced by:
4.3.2.1 Academically independent, peer reviewed studies of the program conducted by persons or entities without a financial interest in the educational program or in the proposed charter school;
4.3.2.2 Prior successful implementation of the program; and
4.3.2.3 The charter school’s adherence to professionally accepted models of student development.
4.3.3 The application must demonstrate that the charter school’s educational program and procedures will comply with applicable state and federal laws regarding children with disabilities, unlawful discrimination and at-risk populations, including but not limited to the following showings.
4.3.3.1 The charter school’s plan for providing a free appropriate public education to students with disabilities in accordance with the Individuals with Disabilities Education Act, with 14 Del.C. Ch. 31 and with 14 DE Admin. Code 922 through 929, specifically including a plan for having a continuum of educational placements available for children with disabilities.
4.3.3.2 The charter school’s plan for complying with Section 504 of the Rehabilitation Act of 1973 and with the Americans with Disabilities Act of 1990.
4.3.3.3 The charter school’s plan for complying with Titles VI and VII of the Civil Rights Act of 1964.
4.3.3.4 The charter school’s plan for complying with Title IX of the Education Amendments of 1972.
4.4 Economic Viability
4.4.1 The application must demonstrate that the school is economically viable and shall include satisfactory documentation of the sources and amounts of all proposed revenues and expenditures during the school’s first 3 years of school operation after opening for instructional purposes. There must be a budgetary reserve for contingencies of not less than 2.0% of the total annual amount of proposed revenues. In addition, the application shall document the sources and amounts of all proposed revenues and expenditures during the startup period prior to the opening of the school.
4.4.2 The Department may require that the applicant submit data demonstrating sufficient demand for charter school enrollment if another charter school is in the same geographic area as the applicant’s proposed school. Such data may include, but is not limited to, enrollment waiting lists maintained by other charter schools in the same geographic area and demonstrated parent interest in the applicant’s proposed school.
4.4.3 The application shall identify with specificity the proposed sources of any loans to the applicant including loans necessary to implement the provisions of any major contract as set forth below, and the date by which firm commitments for such loans will be obtained.
4.4.4 The application shall contain a timetable with specific dates by which the school will have in place the major contracts necessary for the school to open on schedule. “Major contracts” shall include the school’s contracts for equipment, services (including bus and food services, and related services for special education), leases of real and personal property, the purchase of real property, the construction or renovation of improvements to real property, and insurance. Contracts for bus and food services must be in place no later than August 1st of the year in which the school proposes to open and August 1st of each year thereafter. Contracts for the lease or purchase of real property, or the construction or renovation of improvements to real property must be in place sufficiently far in advance so that the applicant might obtain any necessary certificate of occupancy for the school premises no later than June 15th of the year in which the school proposes to open.
4.5 Attendance, Discipline, Student Rights and Safety
4.5.1 The application must include a draft “Student Rights and Responsibilities Manual” that meets applicable constitutional standards regarding student rights and conduct, including but not limited to discipline, speech and assembly, procedural due process and applicable Department regulations regarding discipline.
4.5.1.1 The “Student Rights and Responsibilities Manual” must comply with the Gun Free Schools Act of 1994 (20 U.S.C.A. §7151) and 14 DE Admin. Code 605.
4.5.1.2 The application must include a plan to distribute the “Student Rights and Responsibilities Manual” to each charter school student and parent or guardian at the beginning of each school year. Students who enroll after the beginning of the school year shall be provided with a copy of the “Student Rights and Responsibilities Manual” at the time of enrollment.
4.5.2 The application must include the process and procedures the charter school will follow to comply with applicable laws, including the following laws:
4.5.2.1 14 Del.C. Ch. 27 and applicable Department regulations regarding school attendance, including a plan to distribute attendance policies to each charter school student at the beginning of each school year. Students who enroll after the beginning of the school year shall be provided with a copy of the attendance policy at the time of enrollment.
4.5.2.2 11 Del.C. Ch. 85 and 14 Del.C. §511(r), and Department regulations regarding criminal background checks for public school related employment.
4.5.2.3 14 Del.C. §4112 and applicable Department regulations regarding the reporting of school crimes.
4.5.2.4 The Family Educational Rights and Privacy Act (FERPA) and implementing federal and Department regulations regarding disclosure of student records.
4.5.2.5 The provision of free and reduced breakfast and lunch to eligible students pursuant to any applicable state or federal statute or regulation.
4.5.2.6 Freedom of Information Act.
4.5.3 The requirement that the applicant provide for the health and safety of students, employees and guests will be judged against the needs of the student body or population served. Except as otherwise required in this regulation, the applicant must either agree and certify that the services of at least 1 full time registered nurse will be provided for each facility in which students regularly attend classes, or demonstrate that it has an adequate and comparable plan for providing for the health and safety of its students. Any such plan must include the charter school’s policies and procedures for routine student health screenings, for administering medications to students (including any proposed self-administration), for monitoring chronic student medical conditions and for responding to student health emergencies. Any applicant which receives funding equivalent to the funding provided to school districts for 1 or more school nurses shall provide its students the full time services of a corresponding number of registered nurses.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-5.0** Nature of Charter {#sec-275-5.0 omnilex-key=us-de-regs-official--title-14--275-5.0}
5.1 When granted, a charter is an authorization for the charter holder to open and operate a charter school in accordance with the terms of the charter, including the terms of any conditions placed on the charter by the Department with the approval of the State Board.
5.1.1 It is the responsibility of the charter holder to notify the Department in writing of its compliance with any time frames or other terms or conditions contained in or imposed on the charter.
5.1.2 The Department requires the charter holder to produce satisfactory evidence, including written documentation, of compliance in their annual report.
5.2 Compliance with the charter, including compliance with the terms of any conditions placed on the charter, is a condition precedent to the authority to open and operate the charter school. Failure to comply with the terms of the charter and any conditions placed on the charter, including deadlines, operates as a forfeiture of the authority to open the charter school regardless of previous approval. These regulations are incorporated into and made a part of each charter approved by the Department with the consent of the State Board. A charter school’s failure to comply with these regulations shall be treated as a failure on the part of the school to comply with its charter.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-6.0** Funding {#sec-275-6.0 omnilex-key=us-de-regs-official--title-14--275-6.0}
6.1 The Department may withhold State and local funding from a charter holder not in compliance with the terms of the charter being funded, including compliance with any conditions placed on such charter.
6.2 The Department may withhold State and local funding from a charter holder while 1 or more of its charters is under formal review.
6.3 State and local funding of any charter on probationary status will be released in accordance with the terms of the probation.
6.4 Federal funding for a charter holder and under the control of the Department will be disbursed according to the laws, regulations and policies of the federal program providing the funding and the terms of any applicable federal grant approval including state requirements.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-7.0** Financial Audit {#sec-275-7.0 omnilex-key=us-de-regs-official--title-14--275-7.0}
After July 1st of each year, pursuant to 14 Del.C. §513(a) each charter holder shall contract to have an audit of the business and financial transactions, records, and accounts of the school, in a form and manner satisfactory to the Department, and shall provide the audit results to the Department by October 1st. Each charter school shall display the audit on its public website.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-8.0** Enrollment Preferences, Solicitations and Debts {#sec-275-8.0 omnilex-key=us-de-regs-official--title-14--275-8.0}
8.1 Enrollment Preferences. An applicant to establish a new charter school shall indicate in its application whether children of the charter school’s founders will be given an enrollment preference. If a founders’ preference will be given, the application shall include the standard adopted by the Founding Board of Directors to determine the founders. The standard used to determine the founders shall be consistent with the requirements of Section 506(b)(4) of the Charter School Law. If the application is approved, the charter holder shall provide the Department with the identity of its founders no later than March 1st immediately preceding the first instructional day.
8.2 Solicitations
8.2.1 Any person or entity soliciting contributions, gifts or other funding on behalf of or for the benefit of an existing or potential charter school shall notify the person or entity solicited that enrollment of an individual student in the charter school is not contingent on, or assured by, any such contribution, gift or other funding.
8.2.2 Written notices of fund-raising activities for the benefit of a charter school must contain the following statement: “The [name of school] is a public school. Contributions and gifts are not required for admission to the school and will in no way affect or improve a student’s opportunity for admission.”
8.3 Debts. Any person or entity offering a loan to, or entering into contract or legal settlement with a charter school must be advised by the school that debts of the school are not debts of the State of Delaware and that neither the State nor any other agency or instrumentality of the State is liable for the repayment of any indebtedness.
8.3.1 The State of Delaware may be responsible for the outstanding obligations of a defunct charter school pursuant to the Individuals with Disabilities in Education Act only.
8.3.2 A charter school must disclose in its annual report to the Department any debts, loans, liabilities, or legal settlements in excess of $10,000.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-9.0** Modifications of Charters {#sec-275-9.0 omnilex-key=us-de-regs-official--title-14--275-9.0}
9.1 A charter holder may apply to the Department for a modification of the charter following the granting of the charter.
9.2 The application shall be submitted on a form approved by the Department and posted on the Department website. The applicant shall specify the exact modification requested and describe the need for the modification.
9.3 The applicable standards for deciding a modification application shall be as provided in Section 4.0 of this regulation for the original grant of the charter.
9.4 The following are considered applications for a new charter and shall not be processed or considered as a modification application:
9.4.1 An application to collectively change the mission, goals for student performance and educational program of the charter school; or
9.4.2 An application, at any time before the first instructional day, to offer educational services at a site other than the site approved as part of the school’s charter, when the charter has previously been amended to change the school’s site; or
9.4.3 An application to replace, remove or permit the school to operate without an educational management organization providing administrative, managerial or instructional staff or services to the charter holder at any time before the first instructional day.
9.5 An application for a major or minor charter modification may not be filed while a school’s charter is on formal review, except where the Secretary determines that the requested modification is unrelated to the reason the school’s charter has been placed on formal review or where the modification addresses the reason the school was placed on formal review provided the modification is filed before the preliminary report is approved by the Accountability Committee.
9.6 A charter shall not be modified to permit a charter school’s first instructional day to occur later than the third September 15th after the date the charter is originally granted. In the event that the first instructional day does not occur by that date, the charter shall be deemed forfeited and the authority to open and operate a charter school expired. Further, no charter shall be modified to permit a charter school to obtain a certificate of occupancy, either temporary or final, for all or any part of the premises to be occupied by the school, later than June 15th immediately preceding the authorized opening date of the school.
9.7 An increase or decrease of up to 5.0% in a charter school’s current authorized enrollment shall not be considered a modification of the school’s charter.
9.8 Major modifications. A major modification is any proposed change to a charter, including proposed changes to any condition placed on the charter, which would:
9.8.1 Replace, remove or permit the school to operate without an educational management organization providing administrative, managerial or instructional staff or services to the charter school at any time on or after the first instructional day; or
9.8.2 Alter enrollment preferences, except alterations prompted by an act of the General Assembly adding or modifying enrollment preferences in 14 Del.C. Ch. 5. Such alterations will be regarded as minor modifications for 2 years from the effective date of the act; or
9.8.3 Result in an increase or decrease in the school’s total authorized enrollment of more than 15%, provided further the major modification request must be filed between November 1st and December 31st and, if approved, shall be effective the following school year; or
9.8.4 Alter grade configurations; or
9.8.5 At any time after the first instructional day, offer educational services at a site other than the site approved as part of the school’s charter, except where such change is the unavoidable result of a loss by fire or other “casualty” as that term is defined in Black’s Law Dictionary; or
9.8.6 At any time before the first instructional day, offer educational services at a site other than the site approved as part of the school’s charter, provided that the charter has not previously been amended to change the school’s site; or
9.8.7 Alter any of the following: the school’s mission, goals for student performance, or educational program; or
9.8.8 Alter the charter school’s performance agreement with the Department; or
9.8.9 Alter the charter school's charter to satisfy the provisions of the federal Elementary and Secondary Education Act of 1965 (ESEA) or any reauthorization thereof.
9.8.10 Transfer of the charter, and of oversight of that charter school, from another authorizer to the Department, before the expiration of the charter term, shall be made by filing a written petition with the Department, on a form approved by the Department, by the public charter school or its original authorizer. The Department will approve a transfer only where the charter school is fully in compliance with the current terms of its charter and any applicable rules, regulations and statutes. The Department may impose conditions upon the transfer in order to ensure continuing compliance with the approval criteria and the regulations of the Department.
9.9 Minor modifications
9.9.1 A minor modification is any proposed change to a charter, including proposed changes to any condition placed on the charter, which is not a major modification. Minor modifications include:
9.9.1.1 Changes to the name of either the charter school or charter holder; or
9.9.1.2 The first extension of any deadline imposed on the charter school or charter holder by 30 working days or less (or by 15 calendar days in the case of the first instructional day); or
9.9.1.3 In the case of a charter school which is open with students in attendance, offering educational services at a site other than, or in addition to, the site approved as part of the school’s charter, when use of the approved site has unavoidably been lost by reason of fire or other casualty as that term is defined in Black’s Law Dictionary; or
9.9.1.4 An increase or decrease in the school’s total authorized enrollment of more than 5.0%, but not more than 15%, provided further the minor modification request must be filed between November 1st and December 31st and, if approved, shall be effective the following school year; or
9.9.1.5 Altering, expanding, or enhancing existing or planned school facilities or structures, including any plan to use temporary or modular structures, provided that the applicant demonstrates that the school will maintain the health and safety of the students and staff and remain economically viable as provided in subsection 4.4; or
9.9.1.6 Any change in the school’s agreement with an educational management organization other than as set forth in subsections 9.4.3 and 9.8.1; or
9.9.1.7 A change to the current authorized number of hours, either daily or annually, devoted to actual school sessions. Regardless of any proposed change, the school shall maintain the minimum instructional hours required by Title 14 of the Delaware Code; or
9.9.1.8 A change in the terms of the current site facilities arrangements including a lease to a purchase or a purchase to a lease arrangement; or
9.9.1.9 Altering enrollment preferences when prompted by an act of the General Assembly adding or modifying enrollment preferences in 14 Del.C. Ch. 5. This type of alteration will only be regarded as minor modifications for 2 years from the effective date of the act after such time alterations to enrollment preferences will be regarded as major modifications.
9.9.2 The Secretary may decide the minor modification application based on the supporting documents supplied with the application unless the Secretary finds that additional information is needed from the applicant.
9.9.3 The Secretary may refer a minor modification request to the Accountability Committee for review if the Secretary determines, in the Secretary’s sole discretion, that such review would be helpful in the Secretary’s consideration of the application. If the Secretary refers a minor modification application to the Accountability Committee, the Secretary may decide the application based on any report from the Committee and the supporting documents related to the application. The applicant for a minor modification shall be notified if the minor modification request has been forwarded to the Accountability Committee. The applicant may be asked to provide additional supporting documentation.
9.9.4 The Secretary may deny a minor modification request if the supporting documentation is incomplete or insufficient provided the applicant has been advised additional information was needed
9.9.5 Upon receiving an application for a minor modification, the Secretary shall notify the State Board of the application and the Secretary’s decision on whether to refer the application to the Accountability Committee.
9.9.6 The meeting and hearing process provided for in Section 511(h), (i) and (j) of the Charter School Law shall not apply to a minor modification application even where the Secretary refers the application to the Accountability Committee.
9.9.7 Decisions for minor modifications to a charter may be decided by the Secretary within 30 working days from the date the application was filed, unless the timeline is waived by mutual agreement of the Secretary and the applicant, or in any case where the Secretary, in the sole discretion of the Secretary, deems that it would be beneficial to either refer the matter to the Accountability Committee or to seek advice from the State Board prior to deciding the matter.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-10.0** Renewals {#sec-275-10.0 omnilex-key=us-de-regs-official--title-14--275-10.0}
10.1 Charters are granted for an initial period of 4 years of operation and are renewable every 5 years thereafter.
10.2 Renewals are only available to the current charter holder and may not be used to transfer a charter to a different legal entity.
10.3 Charters shall be renewed only if the school receives a satisfactory performance review. Performance reviews shall be conducted by the Department using the Performance Framework approved by the Department with the assent of the State Board.
10.4 The Department shall conduct annual performance reviews based on the Performance Framework. The Department shall provide the results of the Performance Review to the school.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-11.0** Public Hearings {#sec-275-11.0 omnilex-key=us-de-regs-official--title-14--275-11.0}
Any public hearing conducted by the Department pursuant to the provisions of the Charter School Law shall be conducted as a joint public hearing with the State Board of Education.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-12.0** Background Checks {#sec-275-12.0 omnilex-key=us-de-regs-official--title-14--275-12.0}
In addition to the criminal background check and Child Protection Registry check required by law to be provided during the application process, whenever a new member shall be elected to the board of directors of a charter school, the school shall promptly provide the name and mailing address of such new member to the Department of Education, Charter School Office; the newly elected member of the board shall, within 45 days of election to the board, provide the Department of Education with any authorization necessary to conduct the Child Protection Registry check and with a copy of that member’s criminal background check.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-13.0** Charter Closure Protocol {#sec-275-13.0 omnilex-key=us-de-regs-official--title-14--275-13.0}
The Department will publish on their website an outline of responsibilities and actions that shall be taken by both the authorizer and the charter holder after a decision is rendered to revoke or non-renew a charter.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
##### **14 Del. Admin. Code § 275-14.0** Performance Fund {#sec-275-14.0 omnilex-key=us-de-regs-official--title-14--275-14.0}
14.1 Eligible applicants may apply to the Department for grants from the Charter School Performance Fund established pursuant to 14 Del.C. §509(m).
14.2 Eligibility. In order to be eligible to apply for funds, an applicant shall be:
14.2.1 A Delaware charter school that meets or exceeds the expectations established in its Performance Agreement as measured by Performance Framework; or a school receives a satisfactory performance review or;
14.2.2 A Delaware corporation seeking to establish a charter school in Delaware, including but not limited to an out of state charter school or other partnering organization with a proven track record of academic, operational and financial success.
14.3 Criteria to Evaluate Applications for Funding
14.3.1 In addition to the eligibility considerations set forth in subsection 14.2 of these regulations, the Department shall further establish criteria for evaluating applications for funding and shall prioritize applications from applicants that have:
14.3.1.1 Developed high-quality plans for start-up or expansion; or
14.3.1.2 Serve high-need students, as defined in subsection 2.1 of this regulation.
14.3.2 In evaluating applications, the Department shall also consider the availability of supplemental funding to the applicant from non-state sources.
14.4 Applications for Funding. The Department will establish and utilize a process for annually soliciting and reviewing applications for funding that is consistent with these regulations and pursuant to pursuant to 14 Del.C. §509(m). The application and evaluating criteria rubric shall be published on the Department's public website.
14.5 Awards
14.5.1 The Department has the authority to determine the number of grantees, the size of awards and to determine which applications, if any, shall be approved. The Department's determinations are final.
14.5.2 No award shall be provided to an applicant that is not a current charter holder.
14.6 Submission of Applications and Award Notifications. Funding applications shall be submitted to the Department in a format acceptable under the Department's published application process, no later than the deadlines published by the Department annually. The Department shall inform all applicants as to whether or not their application has been approved in accordance with those deadlines and post the approved applicants’ applications as required.
**History**
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 387 (09/01/05)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *16 DE Reg. 197 (08/01/12)*
- *27 DE Reg. 103 (08/01/23)*
- *6 DE Reg. 274 (09/01/02)*
- *9 DE Reg. 1752 (05/01/06)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *6 DE Reg. 274 (09/01/02)*
- *7 DE Reg. 928 (01/01/04)*
- *9 DE Reg. 387 (09/01/05)*
- *9 DE Reg. 1752 (05/01/06)*
- *12 DE Reg. 211 (08/01/08)*
- *16 DE Reg. 197 (08/01/12)*
- *17 DE Reg. 497 (11/01/13)*
- *17 DE Reg. 913 (03/01/14)*
- *18 DE Reg. 366 (11/01/14)*
- *27 DE Reg. 103 (08/01/23)*
- *28 DE Reg. 527 (01/01/25)*
### **278** Nonpublic School Educator Licensure and Certification
##### **14 Del. Admin. Code § 278** Nonpublic School Educator Licensure and Certification {#sec-278 omnilex-key=us-de-regs-official--title-14--278}
278 Nonpublic School Educator Licensure and Certification
1.0 Purpose
Consistent with the provisions of 14 Del.C. §121(b), the intent of this regulation is to establish a voluntary licensure and certification system for nonpublic school teachers, specialists and administrators employed in this State.
2.0 Definitions
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Certification” means the issuance of a certificate, which may occur regardless of a recipient’s assignment or employment status.
“Composite Score” means a total of an applicant’s scores on all three (3) subtests of Praxis I which is equal to, or greater than, the sum of the passing scores on the three subtests. Scores from either the PRAXIS I (PPST) paper and pencil test or from the PRAXIS I (CPPST) computerized test may be used when applying the composite score provision. Scores from the PRAXIS I computer based test (CBT) may be used when applying the composite score provision, but may not be used in conjunction with scores from the PRAXIS I (PPST) paper and pencil test or with the PRAXIS I (CPPST) computerized test.
“Department” means the Delaware Department of Education.
“Dismissal” means (1) dismissal of a nonpublic school educator by his/her employing authority for immorality, misconduct in office, incompetency, willful neglect of duty or disloyalty; or (2) the license or certificate holder’s voluntary resignation of employment in the face of disciplinary action for immorality; or (3) the license or certificate holder’s conviction of a crime which is evidence of immorality.
“Examination of General Knowledge” means a standardized test that measures general knowledge and essential skills in mathematics or quantitative and verbal skills, including reading and writing.
“Exigent Circumstances” means unanticipated circumstances or circumstances beyond the nonpublic school educator’s control, including, but not limited to, expiration of a license during the school year, serious illness of the non-public school educator or a member of his/her immediate family, activation to active military duty, and other serious emergencies which necessitate the nonpublic school educator’s temporarily leaving active service.
“Good Moral Character” means conduct which is consistent with the rules and principles of morality expected of an educator.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness or otherwise.
“Jurisdiction” means a state, territory or country.
“License” means a credential that authorizes the holder to engage in the practice for which the license is issued.
“Mentoring” means activities prescribed by the employing authority with the consent of the Secretary in which a holder of an initial license must engage during the three year term of the initial license.
“Nonpublic School” means a private school as that term is defined in 14 DE Admin. Code 255.2 or any homeschool defined in 14 Del.C. §2703A.
“Nonpublic School Educator” means a nonpublic school employee who holds a license issued by the Department pursuant to 14 Del.C. §121(b).
“PRAXIS I” or “PPST” means a test from Educational Testing Service of general knowledge in reading, writing, and mathematics.
“PRAXIS I CBT” means the discontinued PRAXIS I computer based test from Educational Testing Service taken between November 1993 and December 2001, with a possible score range of 300 to 335. Scores from the PRAXIS I CBT test may not be combined with scores from the PRAXIS I paper and pencil test or the PRAXIS I computerized test (CPPST) to derive a composite score.
“PRAXIS I CPPST” means the PRAXIS I computerized test from Educational Testing Service which began in January 2002. This test, which is delivered in a computer format, has a possible score range of 150 to 190. Scores from the CPPST and the PRAXIS I (PPST) paper and pencil test may be combined for a composite score.
“Secretary” means the Secretary of the Delaware Department of Education.
“Standard Certificate” means a credential issued to certify that a nonpublic school educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Student Teaching Program” means a traditional student teaching placement within a National Association of State Directors of Teacher Education and Certification or National Council for the Accreditation of Teacher Education approved program offered by a college or university, or such alternatives as deemed appropriate to the program, such as supervised internships or other field based experience recognized as a required component of the regionally accredited nonpublic school educator preparation program.
“Suspension” means the temporary removal of an initial license for failure to pass the PRAXIS I test.
“Unfit” means lack of good moral character, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials.
3.0 Performance Appraisal Evaluation
3.1 A licensed and certified nonpublic school educator must receive at least 1 performance appraisal evaluation annually. The evaluation system and any forms used in connection therewith must be in a form approved by the Secretary and must be consistent with the Delaware Professional Teaching Standards and the Delaware Administrators’ Standards. Further it must be demonstrated that the evaluation system is equivalent to the Delaware Performance Appraisal System (DPAS) or the Delaware Performance Appraisal System II (DPAS II) whichever is in effect for public educators.
3.2 The employing authority shall develop a performance appraisal evaluation to submit to the Secretary for approval. The performance appraisal evaluation shall include an overall rating and a student improvement component rating, and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each component of the evaluation.
3.3 Notwithstanding subsection 3.1, any performance appraisal evaluation designed and approved hereunder, may include a provision whereby the minimum annual evaluation requirement for non-public school educators may be waived for proficient performance on previous evaluations. However, a nonpublic school educator may not receive 2 consecutive evaluation waivers.
3.4 The performance appraisal evaluation shall have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated exclusively to student improvement and weighted at least as high as any other component. The measure of student improvement must be approved by the Secretary.
3.5 Nothing herein prevents an employing authority from administering other evaluations in addition to the Department approved performance appraisal evaluation.
4.0 Nonpublic School Educator Licensure and Certification System
In order to be eligible for a license and certificate, a nonpublic school teacher, specialist, or administrator must receive at least one performance appraisal evaluation annually which meets the requirements set forth in section 3.0.
4.1 Initial License
4.1.1 An initial license is valid for three (3) years unless revoked and may not be renewed.
4.1.1.1 During the term of the initial license, license holders are required to participate in mentoring and other prescribed professional development activities offered by their nonpublic school employer.
4.1.2 The Department shall issue an initial license to a nonpublic school educator if the applicant demonstrates that:
4.1.2.1 He or she has received a bachelor’s degree from a regionally accredited 4 year college or university; and
4.1.2.2 He or she has completed a student teaching program, as defined in 2.0, or has one (1) year of teaching experience consisting of a minimum of 91 days of long term teaching experience in one (1) assignment; and
4.1.2.3 He or she has achieved a passing score on an examination of general knowledge, such as Praxis I, or such other alternative as might be established by the Department.
4.1.2.4 The Department shall issue an initial license to an applicant currently licensed as an educator in another jurisdiction who has less than three (3) years of teaching experience and meets the requirements of sections 4.1.2.1 through 4.1.2.3. Further, the Department shall issue an initial license to an applicant who previously held a valid Delaware Standard or Professional Status Certificate who has been out of the profession for more than three (3) years.
4.1.3 An applicant for an initial license shall submit the application form, official transcripts, and official scores on an examination of general knowledge, such as the PRAXIS I tests in any format, as defined in 2.0, to the Department.
4.1.3.1 Official transcripts shall be forwarded directly from the issuing institution or by the applicant in an unopened unaltered envelope.
4.1.4 Examination of General Knowledge Requirement
4.1.4.1 A nonpublic school educator seeking initial licensure in Delaware shall provide the Department with official test scores for one or more of the following tests of essential skills in reading, writing and mathematics: the PRAXIS I Tests (PPST) or such alternatives as set forth in 4.1.4.4 below.
4.1.4.2 Scores of Examinations of General Knowledge.
4.1.4.2.1 The following minimum passing scores are required in the areas of reading, writing and mathematics for each of the examinations of essential skills.
4.1.4.2.1.1 Pre professional Skills Test (PPST) taken between 7/1/83 and 10/22/93: reading, 175, mathematics,175, writing, 172.
4.1.4.2.1.2 PRAXIS I (PPST), Paper and Pencil Tests (taken on 10/23/93 and thereafter with a possible score range of 150 to 190) and PRAXIS I Computerized Pre Professional Skills Tests (CPPST) taken on 1/1/02 and thereafter (both of which have a possible score range of 150 to 190) with passing scores of: reading, 175, mathematics, 174, writing, 173.
4.1.4.2.1.3 PRAXIS I, Computer Based Tests (CBT) (taken between 10/23/93 and 12/31/01) with passing scores of: reading, 322, mathematics, 319, writing, 319.
4.1.4.3 Individuals holding Delaware certificates issued prior to July 1,1983 are exempt from the testing requirements.
4.1.4.4 Acceptable alternatives to the PRAXIS I test scores include:
4.1.4.4.1 Scores from the California Test of Basic Skills (CTBS) shall be accepted in lieu of PPST/PRAXIS I scores if the test was taken as a condition of meeting certification or licensure requirements in that state and the scores total 123, with a minimum of at least 37 in each category.
4.1.4.4.2 Scholastic Aptitude Tests (SAT) taken after 4/1/95 and presented for exemption must meet the scores set forth below due to a re centering of the SAT.
4.1.4.4.2.1 A minimum score of 520 on the SAT Mathematics taken prior to 4/1/95, and a minimum score of 540 on the SAT Mathematics test taken thereafter will be accepted as fulfillment of the PRAXIS I Mathematics requirement.
4.1.4.4.2.2 A minimum score of 480 on the SAT Verbal test taken prior to 4/1/95, and a minimum score of 560 on the SAT verbal test taken thereafter will be accepted as fulfillment of the PRAXIS I reading requirement.
4.1.4.4.3 Graduate Record Examination (GRE) scores presented for exemption must meet the scores set forth below.
4.1.4.4.3.1 A minimum score of 490 on the Graduate Record Examination (GRE) Verbal test will be accepted as fulfillment of the PRAXIS I reading requirement.
4.1.4.4.3.2 A minimum score of 540 on the Graduate Record Examination (GRE) Quantitative test will be accepted as fulfillment of the PRAXIS I mathematics requirement.
4.1.4.4.4 National Teacher Examination (NTE) Core Battery Communications Skills with a minimum score of 670 will be accepted as fulfillment of the PRAXIS I writing requirement.
4.1.4.5 Any Scholastic Aptitude Test (SAT) scores, Graduate Records Exam (GRE) scores or NTE Communication Skills scores intended to be used as an exemption for the PPST or PRAXIS I, shall be submitted within the same timeline as that required for PRAXIS I and scores must pre date the employment date.
4.1.4.6 Timeline for Examination of General Knowledge.
4.1.4.6.1 A nonpublic school educator seeking initial licensure must pass the three PRAXIS I (PPST) tests in any format or an approved alternative within two years of the issuance of the initial license. Notwithstanding the foregoing, the nonpublic school employer may submit to the Secretary a written request for a one year extension. The request must document the effectiveness of the applicant and that the applicant has attempted at least twice to pass Praxis I or an approved alternative within the proceeding two years.
4.1.4.6.2 If proof of passage of PRAXIS I is not provided within two years of the issuance of the initial license and no extension is granted by the Secretary, the initial license shall be suspended for a maximum of two years.
4.1.4.6.2.1 Evidence of passage of PRAXIS I within the time period of the suspension shall result in the reinstatement of the initial license.
4.1.4.6.2.2 An applicant who does not pass PRAXIS I during the time period of the suspension, and whose initial license is expired, must reapply and may be issued an initial license, valid for three years, if he/she meets the requirements for initial licensure then in effect.
4.1.4.7 An applicant for an initial license who does not achieve a passing score on PRAXIS I, but whose score on PRAXIS I is within 2 points of the passing score on the reading, writing, or mathematics section of PRAXIS I may use a composite score to meet the requirements of passage.
4.1.4.7.1 Scores from either the paper and pencil PRAXIS I (PPST) test or from the computerized PRAXIS I (CPPST) test, begun in January, 2002, both of which have a possible score range of 150 to 190, may be used when applying the composite score provision. Scores from the PRAXIS I computer based test (CBT), taken between November, 1993 and December 31, 2001 may be used when applying the composite score provision, but may not be used in conjunction with the paper and pencil PRAXIS I test or with the computerized PRAXIS I (CPPST) test.
4.1.4.7.2 Notwithstanding the use of a composite score, an applicant who seeks to teach in the secondary content areas of mathematics or English language arts must meet the passing score in that content area.
4.1.4.8 There is no limit on the number of times an individual may take the PPST or PRAXIS I. Once passed, a section need not be taken again.
4.1.4.8.1 Passing scores in each area (reading, writing, mathematics) may be attained in any testing format.
4.1.4.9 Submission of Scores of Examination of General Knowledge.
4.1.4.9.1 Test scores shall be official and sent directly from Educational Testing Service or other test vendor to the Department.
4.1.4.9.2 Unopened, unaltered envelopes containing PPST or PRAXIS I scores, or scores of acceptable alternatives, sent to the individual may be accepted as official. The Department shall determine whether the scores as presented are acceptable.
4.1.4.9.3 Direct verification from another State Department of Education shall be considered as official. An original of the grade form shall be forwarded directly from the other State Department to the Department. This method will be accepted only when official test scores from Educational Testing Service are not available.
4.1.5 Applicants with Foreign Credentials.
4.1.5.1 Applicants graduating from foreign institutions shall provide an analysis of the degree equivalency, along with all other required application materials, which shall be reviewed by the Department.
4.1.6 This regulation shall apply to all requests for issuance of an initial license, except as specifically addressed herein.
4.1.6.1 Nonpublic school educators who hold a Limited Standard Certificate or a Temporary Certificate issued prior to August 31, 2003 shall continue on that certificate until the requirements specified are met or the certificate expires, whichever comes first.
4.2 Continuing License
4.2.1 The Department shall issue, upon application, a continuing license to a nonpublic school educator who has successfully completed the requirements under the initial licensure as set forth in subsection 4.1. The Department shall issue a continuing license to an applicant licensed as an educator in another jurisdiction who provides evidence of having completed three (3) or more years of successful teaching experience. A continuing license is valid for 5 years unless extended pursuant to 4.4 or revoked for cause, as defined in 4.8.
4.2.1.1 An applicant for a continuing license shall submit the approved application form to the Department. Copies of the nonpublic school educator’s annual performance appraisal evaluation for the period of initial licensure shall be submitted with an initial application for a Continuing License. An applicant with more than one (1) unsatisfactory annual performance appraisal evaluation during the period of initial licensure is ineligible to be issued a continuing license. Incomplete applications will not be processed.
4.2.2 The Department may issue a continuing license to a nonpublic school educator who previously held a valid Delaware certificate that has expired.
4.2.2.1 A nonpublic school educator returning to employment and holding a current standard or professional status certificate will be issued a continuing license upon request.
4.2.2.2 A nonpublic school educator who previously held a valid Delaware standard or professional status certificate which has expired and who has been out of the profession for less than three (3) years may be issued a continuing license, valid for 5 years, upon request and application on the approved form and evidence of previous Delaware certification.
4.2.2.3 A nonpublic school educator who has completed three (3) or more years of successful teaching and who holds a continuing license which has expired and who has been out of the profession for more than three (3) years may be issued a continuing license upon request, but must, within the first year of employment, successfully complete a employer sponsored mentoring program which focuses on current best practices in curriculum, instruction and assessment aligned to state standards.
4.2.2.4 A nonpublic school educator holding a limited standard or temporary certificate and currently employed as a nonpublic school educator will be issued a continuing license upon completing all requirements for the current standard certificate. Requirements must be completed by the expiration date of the limited standard or temporary certificate.
4.2.3 Renewal of a Continuing License: To obtain renewal of a continuing license, a nonpublic school educator shall participate in professional development activities totaling 90 clock hours every five years. At least one half of the required hours (45 hours every five years) for nonpublic school educators must be in activities that relate to the nonpublic school educator’s work with students or staff. Satisfactory evidence of such completion, as set forth in Sections 4.2.3.2 and 4.2.3.3, shall be submitted to the Department with the application for renewal.
4.2.3.1 Options for Relicensure
RE LICENSURE OPTIONS FOR SPECIFICATIONS,TEACHERS, SPECIALISTS AND ADMINISTRATORS
OPTION MAX. HOURS HOUR VALUE VERIFICATION CRITERIA College Credit No limit 1 semester hour = 15 clock hours. 1 quarter hr. or CEU = 10 clock hours. Official Transcripts. Original Grade Slips. Original Certificate of Completion for CEUs. Must be completed at a regionally accredited college. Must be taken for credit with grade of "C" or better or a "P" in pass or fail course. Employer Sponsored Professional Development Programs No Limit Verified clock hours actively involved in professional development activities Certificate of attendance provided by the employing authority Employer professional development programs must focus on identified curriculum, instruction, assessment, school climate or other identified need. Professional Conference, Workshop, Institute or Academy 30 clock hours per year 45 clock hours per cycle Verified clock hours actively involved in workshop or conference sessions Original Certificate of Attendance or Completion OR Letter from Supervisor or Conference Staff. Copies or Exhibits of products developed by Applicant. Course Attendance Slip Must include only time spent in those portions of the workshop or conference program that contribute to the participant's knowledge, competence, performance, or effectiveness in education. Includes workshops offered by districts or other employing authorities either as part of professional development day or after school hours. Mentoring 30 per year 45 per cycle Verified clock hours involved in mentoring activities Activity Documentation Form. (No prior approval required) Must be mentoring of teacher, administrator, or specialist. Must be part of a formal program. Cooperating Teacher Intern Supervisor 30 per year 45 per cycle Verified clock hours involved in support of student teacher or intern Activity Documentation Form completed by higher education director of field based clinical studies. (No prior approval required) Must be supervision of graduate or undergraduate intern or student teacher in a state approved nonpublic school educator preparation program. Presentation 10 per 3 clock hour course; 30 per longer course; 45 per cycle Verified clock hours preparing and presenting Activity Documentation Form* (Prior approval required) Must include only actual time preparing and presenting a course, workshop, or presentation. (Clock hours limited to first preparation and presentation of individual course, workshop, or presentation.) Curriculum and Assessment Development 30 per year 45 per cycle Verified clock hours of service; Minimum of 3 clock hours Original documentation from committee chair verifying actual clock hours of participation Must be service on formal committee organized by local, state, national, or international education agency or organization. Professional Programs and Committees 30 per year 45 per cycle Verified clock hours of service or experience. Original documentation from committee chair or activity leader verifying actual clock hours of participation. Must be a formal activity provided through a recognized local, state, national, or international education agency or organization Peer Coaching 30 per year 45 per cycle Verified clock hours of service or experience. Activity Documentation Form. (No prior approval required) Must be part of a formal program. Publication 30 per year 45 per cycle 30 clock hours for book. Up to 15 clock hours per other publication. Copy of Publication or Document. Must contribute to the education profession or add to the body of knowledge in the individual's specific field. Must be commercially published or a formally approved document or formally published in a medium sanctioned by a recognized state or national agency or organization. If a grant, must be approved for funding. NBPTS Certification or similar National Certification 30 per year 45 per cycle 45 clock hours for attaining national certification Not complete B verified clock hours completing portfolio activities. A Valid Copy of the National Certificate. For candidate not completing certificate Activity Documentation Form. (No prior approval required) Holds a certificate indicated by NBPTS as related to an individual’s work or assignment. Certificate or participation as a candidate must be completed and verified by the expiration date of the Delaware certificate. Formal Study Groups 30 per year 45 per cycle Verified clock hours working as a member of a study group. Activity Documentation Form and The Product of the Study.* (Prior approval required) Must relate to the individual=s work or assignment. Must include a product.
OPTION
MAX. HOURS
HOUR VALUE
VERIFICATION
CRITERIA
College Credit
No limit
1 semester hour =
15 clock hours.
1 quarter hr. or CEU =
10 clock hours.
Official Transcripts.
Original Grade Slips.
Original Certificate of Completion for
CEUs.
Must be completed at a regionally accredited college.
Must be taken for credit with grade of "C" or better or a "P" in pass or fail course.
Employer
Sponsored
Professional Development Programs
No Limit
Verified clock hours actively involved in professional development
activities
Certificate of attendance provided by the employing authority
Employer professional development programs must focus on identified curriculum, instruction, assessment, school climate or other identified need.
Professional Conference, Workshop, Institute or Academy
30 clock hours per year
45 clock hours per cycle
Verified clock hours actively involved in workshop or conference sessions
Original Certificate of Attendance or
Completion OR Letter from Supervisor or Conference Staff. Copies or Exhibits of products developed by Applicant.
Course Attendance Slip
Must include only time spent in those portions of the workshop or conference program that contribute to the participant's knowledge, competence, performance, or effectiveness in education. Includes workshops offered by districts or other employing authorities either as part of professional development day or after school hours.
Mentoring
30 per year
45 per cycle
Verified clock hours involved in mentoring activities
Activity Documentation Form.
(No prior approval required)
Must be mentoring of teacher, administrator, or specialist.
Must be part of a formal program.
Cooperating
Teacher Intern
Supervisor
30 per year
45 per cycle
Verified clock hours involved in support of student teacher or intern
Activity Documentation Form completed by higher education director of field based clinical studies.
(No prior approval required)
Must be supervision of graduate or undergraduate intern or student teacher in a state approved nonpublic school educator preparation program.
Presentation
10 per 3 clock hour
course; 30 per longer
course; 45 per cycle
Verified clock hours preparing and presenting
Activity Documentation Form*
(Prior approval required)
Must include only actual time preparing and presenting a course, workshop, or presentation. (Clock hours limited to first preparation and presentation of individual course, workshop, or presentation.)
Curriculum and Assessment Development
30 per year
45 per cycle
Verified clock hours of service; Minimum of 3 clock hours
Original documentation from committee chair verifying actual clock hours of participation
Must be service on formal committee organized by local, state, national, or international education agency or organization.
Professional Programs and
Committees
30 per year
45 per cycle
Verified clock hours of service or experience.
Original documentation from committee chair or activity leader verifying actual clock hours of participation.
Must be a formal activity provided through a recognized local, state, national, or international education agency or organization
Peer Coaching
30 per year
45 per cycle
Verified clock hours of service or experience.
Activity Documentation Form.
(No prior approval required)
Must be part of a formal program.
Publication
30 per year
45 per cycle
30 clock hours for book.
Up to 15 clock hours per other publication.
Copy of Publication or Document.
Must contribute to the education profession or add to the body of knowledge in the individual's specific field.
Must be commercially published or a formally approved document or formally published in a medium sanctioned by a recognized state or national agency or organization. If a grant, must be approved for funding.
NBPTS Certification or similar National Certification
30 per year
45 per cycle
45 clock hours for attaining national certification
Not complete B verified clock hours completing portfolio activities.
A Valid Copy of the National Certificate.
For candidate not completing certificate
Activity Documentation Form.
(No prior approval required)
Holds a certificate indicated by NBPTS as related to an individual’s work or assignment.
Certificate or participation as a candidate must be completed and verified by the expiration date of the Delaware certificate.
Formal Study Groups
30 per year
45 per cycle
Verified clock hours working as a member of a study group.
Activity Documentation Form and The Product of the Study.*
(Prior approval required)
Must relate to the individual=s work or assignment.
Must include a product.
4.2.3.2 Documentation of Clock Hours for Relicensure
4.2.3.2.1 For renewal of the continuing license, non-public school educators may complete and document clock hours for the variety of activities described under relicensure options. When college or university courses are used to fulfill the requirements, the following equivalencies will be used: 1 semester hour = 15 clock hours, 1 quarter hour = 10 clock hours, 1 CEU = 10 clock hours. To be documented for clock hours, activities must meet the criteria set forth in the regulations and must be appropriately verified and applied for Individuals, schools or school districts, or other agencies organizing or conducting professional development activities which may be used for fulfilling the requirements for renewal of a license are responsible for providing documentation of participation to all participants. Each nonpublic school educator is responsible for obtaining any necessary approvals, as set forth in Section 4.2.3.1, from his or her employer before participating in a professional development activity. Any employer may not impose additional activity requirements on the award of clock hours towards renewal of a continuing license.
4.2.3.2.1.1 Criteria for determining if activities are acceptable for clock hour credit for a nonpublic school educator include the following:
4.2.3.2.1.1.1 The activity enhances the knowledge and skills in the nonpublic school educator’s job or contributes to his/her school or profession.
4.2.3.2.1.1.2 The activity meets one of the relicensure options.
4.2.3.2.1.1.3 The activity addresses one of the standards for the nonpublic school educator’s area of the profession.
4.2.3.2.1.1.4 The activity is completed during the term of the nonpublic school educator’s current continuing license.
4.2.3.2.1.1.5 The activity addresses specific Professional Teaching or Administrator Standards.
4.2.3.2.1.1.6 Participation in, or completion of, the activity can be documented.
4.2.3.3 The Relicensure Application, Activity Documentation Form, and, where required, original or official documents will be used to verify activities for renewal of a continuing license. Official transcripts or original grade slips are required documentation for successful completion of college courses.
4.2.3.4 For applicants who change positions (grade levels, content areas, areas of supervisory responsibility, etc.) during the five year term of a continuing license, clock hours documented must have been appropriate to the nonpublic school educator’s position at the time the clock hours were completed.
4.2.4 The 90 clock hours must be completed during the five year term of the license. All activities must relate to the 14 DE Admin. Code 1593, Delaware Professional Teaching or 14 DE Admin Code 1594, Delaware Administrator Standards.
4.2.5 The activities selected must be beyond the normal or specified requirements of the position. Professional development activities, which fulfill the criteria for relicensure for which nonpublic school educators receive compensation, may be submitted in fulfillment of the 90 clock hour requirement for relicensure.
4.2.6 This regulation shall apply to all requests for continuing license, issuance and renewal, except as specifically addressed herein. Nonpublic school educators holding a Professional Status Certificate or a Standard Certificate expiring on June 30, 2001 shall have until June 30, 2007 to meet the new continuing license renewal standards. All administrators in instructional areas issued a continuing license as of July 1, 2001, shall have until June 30, 2007 to meet the new continuing license renewal standards. Nonpublic school educators holding a Professional Status Certificate or a Standard Certificate expiring July 1, 2001 or thereafter shall be required to satisfy the new continuing license renewal standards as set forth herein.
4.3 Advanced License
4.3.1 The Department, upon receipt of the list of successful candidates provided annually by the National Board of Professional Teaching Standards, shall issue an advanced license to any nonpublic school educator who has successfully obtained National Board for Professional Teaching Standards. An advanced license is valid for 10 years unless extended pursuant to 4.4 or revoked for cause, as defined in 4.8.
4.3.1.1 The Department shall issue, upon application, an advanced license to a nonpublic school educator licensed in another jurisdiction who provides verification of receipt of National Board certification.
4.3.2 The Department shall renew an advanced license, valid for an additional 10 years, to a nonpublic school educator who has maintained proficiency through the National Board for Professional Teaching Standards.
4.3.2.1 The Department shall renew an advanced license upon receipt of a list of successful Delaware candidates for renewal provided annually by the National Board for Professional Teaching Standards.
4.3.2.2 An applicant who elects not to renew with the National Board for Professional Teaching Standards or who fails to meet the recertification requirements set forth by the National Board will be issued a continuing license.
4.4 License Extension
4.4.1 The Department may extend an initial license for a period not to exceed one (1) year, exigent circumstances warranting the necessity of such extension.
4.4.2 A license holder whose license expires during the school year may have the license extended until the last day of the fiscal year upon a request from the employing authority. This extension shall be considered an exigent circumstance and shall not exceed one (1) year in length.
4.5 Leave of Absence
4.5.1 A nonpublic school educator may take a leave of absence of up to three (3) years with no effect upon the validity or expiration of the initial license.
4.6 The Department shall not act on an application for licensure if the applicant is official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution.
4.7 Criminal Conviction History
4.7.1 An applicant shall disclose his or her criminal conviction history upon application for an initial license. Failure to disclose a criminal conviction history is grounds for denial or revocation of an initial license.
4.8 License Denial
4.8.1 Upon a finding that an applicant is unfit to be licensed in the State, the Department may refuse to issue an initial license, continuing license or an advanced license to an applicant who otherwise meets the requirements set forth herein.
4.8.1.1 The Secretary shall give written notice to the applicant of the denial and the reasons therefore. The notice of denial shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary or his/her designee within thirty (30) days.
4.8.2 Notwithstanding any other provisions stated herein, no license shall be issued to an applicant for an initial, continuing or advanced license if:
4.8.2.1 There is legal evidence that the applicant is not of good moral character; or
4.8.2.2 The applicant has had a certificate or license revoked in another state for immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials.
4.9 License Revocation
4.9.1 An initial, continuing or advanced license; or a limited standard, standard, or professional status certificate issued prior to August 31, 2003, issued to a non public school educator may be revoked upon the dismissal of the license or certificate holder for immorality, misconduct in office, incompetence, willful neglect of duty or disloyalty, and must be revoked upon a finding that the license or certificate holder made a materially false or misleading statement in his or her license or certificate application.
4.9.1.1 Revocation Requested by an Employing Authority
4.9.1.1.1 When any license or certificate holder is dismissed by an employing authority for immorality, the body making such a determination shall, upon final decision, give written notice to the Secretary of its desire to request the revocation of that individual’s license or certificate.
4.9.1.1.2 When any license or certificate holder is dismissed by an employing authority for misconduct in office, incompetence, willful neglect of duty or disloyalty, the body making such a determination may, upon final decision, give written notice to the Secretary of its desire to request the revocation of that individual’s license or certificate.
4.9.1.1.3 When a license or certificate holder voluntarily resigns in the face of disciplinary action for immorality and an investigation has been initiated by the employing authority, the employer shall, upon accepting the resignation, give written notice to the Secretary.
4.9.1.1.4 Upon receipt of written notification from the employing authority, the Secretary shall give written notice to the license or certificate holder of the intended revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary or his/her designee within thirty (30) days.
4.9.1.1.5 If the licensee fails to request a formal hearing before the Secretary or his/her designee within thirty (30) days of the notice of revocation, the Secretary shall send written notification by certified mail to the individual revoking his/her license or certificate.
4.9.1.2 Revocation by the Secretary of Education
4.9.1.2.1 The Secretary may initiate proceedings to revoke a license or certificate holder’s license or certificate when she/he has good reason to believe that any of the following circumstances exist:
4.9.1.2.1.1 The license or certificate holder has been convicted of a crime which is evidence of immorality; or
4.9.1.2.1.2 The license or certificate holder has had a certificate or license revoked in another state for immorality, misconduct in office, incompetence, willful neglect of duty or disloyalty or falsification of credentials.
4.9.1.2.2 The Secretary shall give written notice to the license or certificate holder of the intended revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary or his/her designee within thirty (30) days.
4.9.1.2.3 If the licensee fails to request a formal hearing before the Secretary or his/her designee within thirty (30) days of the notice of revocation, the Secretary shall send written notification by certified mail to the individual revoking his/her license or certificate.
4.9.2 Duty of License or Certificate Holder to Report.
4.9.2.1 Notwithstanding any other provisions stated herein, a license or certificate holder shall send written notification to the Secretary within thirty (30) days of the happening of any of the following events:
4.9.2.1.1 The license or certificate holder is dismissed by an employing authority for immorality;
4.9.2.1.2 The license or certificate holder voluntarily resigns employment in the face of disciplinary action for immorality or an open investigation for immorality;
4.9.2.1.3 The license or certificate holder is convicted of a crime which is evidence of immorality; or
4.9.2.1.4 The license or certificate holder has had a certificate or license revoked in another jurisdiction for immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials.
4.9.2.2 The failure of the license or certificate holder to report any of the above events to the Secretary shall be grounds for revoking a license or certificate.
4.9.2.3 When a license or certificate is revoked, all standard and emergency certificates held by the license or certificate holder shall be revoked.
4.10 Standard Certificate
4.10.1 The Department shall issue a standard certificate to a nonpublic school educator who holds a valid Delaware initial, continuing or advanced license; or limited standard, standard, or professional status certificate issued prior to August 31, 2003, who has:
4.10.1.1 Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by:
4.10.1.1.1 Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a standard certificate is requested; or
4.10.1.1.2 Meeting the requirements set forth in the relevant Department or Standards Board regulation governing the issuance of a standard certificate in the area for which a standard certificate is sought; or
4.10.1.1.3 Graduating from an NCATE specialty organization recognized educator preparation program offered by a regionally accredited college or university, with a major in the area of the standard certificate requested; or
4.10.1.1.4 Graduating from a state approved educator preparation program offered by a regionally accredited college or university, with a major in the area of the standard certificate requested, where the state approval body employed the appropriate NCATE specialty organization standards; or
4.10.1.1.5 Meeting any additional options set forth in 14 DE Admin. Code 1516.3.1; or
4.10.1.2 Graduated from an educator preparation program offered by a Delaware higher education institution approved by the Department pursuant to 14 DE Admin. Code 399, with a major in the area of the standard certificate requested; or
4.10.1.3 Achieved a passing score on a Praxis II examination in the area requested, as established by the Professional Standards Board, in consultation with the Department and with concurrence with the State Board of Education; or
4.10.1.4 A valid and current certificate from another state in the area for which a standard certificate is sought.
4.10.1.4.1 A “valid and current certificate from another state” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state.
4.10.1.4.2 The Department shall not act on an application for certification if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution.
4.10.2 Educators may hold certificates in more than one area.
4.10.3 An applicant for a standard certificate shall submit:
4.10.3.1 Official transcripts; or
4.10.3.2 Official scores on the Praxis II examination; or
4.10.3.3 Evidence of passage of the National Board for Professional Teaching Standards Certificate; or
4.10.3.4 An official copy of the out of state license or certification, if applicable.
4.10.3.5 If applied for simultaneously with application for an initial license, the applicant shall provide all required documentation for that application in addition to the documentation cited above.
4.10.4 I If an applicant holds a valid initial, continuing, or advanced Delaware license; or a limited standard, standard or professional status certificate issued prior to August 31, 2003 and is requesting additional standard certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional standard certificate requested is required.
4.10.5 A standard certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s initial, continuing, or advanced license or limited standard, standard, or professional status certificate is revoked in accordance with section 4.8.
8 DE Reg. 1112 (2/1/05)
### **284** Licensure and Certification of Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs Whose Work Responsibilities are Directly Related to Curriculum and Instruction
##### **14 Del. Admin. Code § 284-1.0** Content {#sec-284-1.0 omnilex-key=us-de-regs-official--title-14--284-1.0}
1.1 This regulation shall apply to the licensure and certification of Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs whose work responsibilities are directly related to curriculum and instruction and are identified by the Department of Education, pursuant to 14 Del.C. §121(c). This regulation does not apply to those persons who serve as instructors for apprenticeship, trade extension or special interest courses.
1.2 Except as otherwise provided, the requirements and provisions set forth in 14 DE Admin. Code 1505, 1506 1510, 1511, 1512, and 1513, including any subsequent amendment or revision thereto, are incorporated herein by reference.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-2.0** Definitions {#sec-284-2.0 omnilex-key=us-de-regs-official--title-14--284-2.0}
Except as otherwise provided, the definitions set forth in 14 DE Admin. Code 1505, 1506 1510, 1511, 1512, and 1513, including any subsequent amendment or revision thereto, are incorporated herein by reference.
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Advanced License” means a license issued as part of the three tiered licensure system set forth in 14 Del.C. 121(c).
“Adult Education Programs” means programs designed for adult learners providing for both basic skills education and the attainment of a secondary credential or high school diploma. Programs are provided through the James H. Groves High School, Adult Basic Education (ABE), and Adult English Language Learners Programs.
"Clock Hour" means actual time spent in professional development.
"College Credit" means graduate or undergraduate level course work and continuing education units (CEUs) completed at, or through, a regionally accredited college or university.
“Continuing License” means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §121(c).
“Core Content Area” means the subject area tested by the state assessment system including Mathematics, English/Language Arts, Science and Social Studies.
"Department" means the Delaware Department of Education.
“Emergency Certificate” means a temporary credential issued to an individual who has obtained employment or an offer of employment with an employing authority and holds a valid Delaware Initial, Continuing, or Advanced License, but lacks necessary skills and knowledge to immediately meet certification requirements to practice in a particular area, to teach a particular subject or to instruct a particular category of students. The temporary credential provides the individual with a limited time to meet the requirements for certification in the specific area, subject or category.
"Examination of General Knowledge" means a standardized test adopted pursuant to this regulation which measures general knowledge and essential skills in reading, writing and mathematics or quantitative and verbal skills, including reading and writing.
"Initial License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §121(c).
“Instructional Paraeducator (Paraeducator)” means a public education employee or adult education employee who provides one-on-one or small group instruction; assists with classroom management or individual student behavior; provides assistance in a computer laboratory; provides support in a library or media center; assists in training and support with functional skill activities, such as personal care or assistive technology; or provides instructional services to students under the direct supervision of a teacher. Instructional Paraeducators are those working with regular education students and students with disabilities in schools other than Title I schoolwide schools or with students not receiving Title I services in Title I targeted assistance schools.
“James H. Groves High School” means an adult high school established by the State of Delaware to provide the opportunity for adults and out of school youth to earn and obtain a high school diploma.
“Level I Permit” means a teaching permit in adult education for three years pursuant to application and approval.
“Level II Permit” means a teaching permit in adult education for five years pursuant to application and approval.
“Level III Permit” means a permit required to be an adult education program administrator pursuant to application and approval.
“Level Five Institution” means a 24 hour per day secure correctional facility, such as a jail (housing inmates sentenced to 12 months or less) or prison (sentences to longer than 12 months), and sentences to life or death.
“Part Time Adult Education Employees” means teachers, counselors, site coordinators, paraeducators and administrators who work in Adult Education Programs “part time” as defined by the State Pension Office.
“Prison Education Programs” means a program provided by the Department of Education for offenders in adult correctional facilities within the four Level Five (5) institutions in the state.
“Public Education Employee” means an employee whose work responsibilities are directly related to curriculum and instruction, as identified by the Department of Education, which includes Department employees, Adult Education Employees and Prison Education Program Employees.
“Service Paraeducator” means a public education employee who provides support services other than instructional assistance to students, but does not include bus aides (See 14 DE Admin. Code 1105).
"Standard Certificate" means a credential issued to certify that a Public Education Employee in the Department of Education, Adult Education and Prison Education Programs whose work responsibilities are directly related to curriculum and instruction has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, supervise a particular area at the Department or teach a particular category of students.
"State" means State of Delaware.
“Title I Paraeducator” means a public education employee who provides one on one or small group instruction; assists with classroom management; provides assistance in a computer laboratory; provides support in a library or media center; or provides instructional services to students under the direct supervision of a teacher. Additionally, Title I Paraeducators are all Instructional Paraeducators who work with regular students and children with disabilities in Title I schoolwide schools and all Title I Paraeducators who work with children receiving Title I services in Title I targeted assistance schools, except those whose duties are limited to acting as a translator or as a home school liaison.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-3.0** Issuance of an Initial License {#sec-284-3.0 omnilex-key=us-de-regs-official--title-14--284-3.0}
3.1 In accordance with 14 Del.C. §121(c), except as otherwise provided herein, the Department shall issue an Initial License to a Public Education Employee who submits evidence of (1) receipt of a bachelors degree from a regionally accredited 4 year college or university; (2) completion of a student teaching program, or one year of teaching experience consisting of a minimum of 91 days of long term teaching experience at one assignment or enrollment in an Alternative Routes to Licensure and Certification Program, and (3) a passing score on an Examination of General Knowledge or such other alternatives as described in 14 DE Admin. Code 1510. For the purposes of this regulation, a bachelor's degree for a Skilled and Technical Sciences teacher shall be two (2) years of college or technical training, plus six (6) years of trade experience. An Initial License shall also be issued to an applicant currently licensed as an educator in another jurisdiction with less than three years of teaching experience or to a Public Education Employee who previously held a valid Delaware Standard or Professional Status Certificate who has been out of the profession for more than three years. In addition to an Initial License, applicants shall also apply for a Standard Certificate in the particular area, subject, or category in which they wish to be employed, and must verify that they possess the prescribed knowledge, skill or education to practice in that area, subject, or category.
3.2 Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1510 Issuance of an Initial License, including any subsequent amendment or revision thereto, are incorporated herein by reference.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-4.0** Issuance and Renewal of a Continuing License {#sec-284-4.0 omnilex-key=us-de-regs-official--title-14--284-4.0}
4.1 In accordance with 14 Del.C. §121(c), the Department shall issue, upon application, a Continuing License to a qualified Public Education Employee who has successfully completed the requirements under the initial licensure as set forth in 3.0. The Department shall issue a Continuing License to a qualified Public Education Employee currently licensed in another jurisdiction who provides evidence of having completed three (3) or more years of successful teaching experience as set forth in 14 Del.C. §1511. A Continuing License is valid for five (5) years unless extended or revoked for cause.
4.2 Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1511 Issuance and Renewal of Continuing License, including any subsequent amendment or revision thereto, are incorporated herein by reference.
4.3 A Public Education Employee applying for a Continuing License shall submit to the Department a complete application. Verification by the Department or other employing authority of satisfactory annual evaluations for the period of the initial licensure shall be submitted with an initial application for a Continuing License.
4.4 An applicant with more than one (1) unsatisfactory annual evaluation during the period of initial licensure is ineligible to be issued a Continuing License.
4.5 Incomplete applications will not be processed. The applicant shall provide evidence that all requirements have been successfully met.
4.6 The Department shall renew a Continuing License, valid for an additional five (5) years, to a qualified Public Education Employee who has fulfilled the clock hour requirement for professional development and other requirements of 14 DE Admin. Code 1511. At least one half of the required hours for Public Education Employees shall be in activities that relate to the Public Education Employee's work with students or staff. Satisfactory evidence of such completion, as set forth in 14 DE Admin. Code shall be submitted to the Department with the application for renewal. The clock hours of professional development shall have taken place during the term of the Continuing License.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-5.0** Issuance and Renewal of an Advanced License {#sec-284-5.0 omnilex-key=us-de-regs-official--title-14--284-5.0}
5.1 The Department, upon receipt of the list of successful candidates provided annually by the National Board for Professional Teaching Standards, shall issue an Advanced License to any Public Education Employee who receives National Board for Professional Teaching Standards certification. An Advanced License is valid for up to ten (10) years or the length of time of the National Board Certification unless extended pursuant to 14 Del.C. §1216, or revoked for cause as described in 14 Del.C. §1218.
5.2 Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1512 Issuance and Renewal of Advanced License, including any subsequent amendment or revision thereto, is incorporated herein by reference.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-6.0** Standard Certificate {#sec-284-6.0 omnilex-key=us-de-regs-official--title-14--284-6.0}
6.1 The Department shall issue a Standard Certificate to a Public Education Employee who holds a valid Delaware Initial, Continuing or Advanced License; or Limited Standard, Standard, or Professional Status Certificate issued prior to August 31, 2003.
6.2 Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1505 Issuance of Standard Certificate, including any subsequent amendment or revision thereto, is incorporated herein by reference.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-7.0** Emergency Certificate {#sec-284-7.0 omnilex-key=us-de-regs-official--title-14--284-7.0}
7.1 Upon request by the employing authority, the Department may issue an Emergency Certificate, valid for the intended school year, to a Public Education Employee who holds a valid Delaware Initial, Continuing, or Advance License, but who is not eligible for certification in the area of need.
7.2 Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1506 Emergency Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
7.2.1 For purposes of Public Education Employees, the phrase "employing district" as used in 14 DE Admin. Code 1506 means the hiring authority.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-8.0** Issuance of a Paraeducator Permit {#sec-284-8.0 omnilex-key=us-de-regs-official--title-14--284-8.0}
8.1 Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1517 Issuance of Paraeducator Permit, including any subsequent amendment or revision thereto, is incorporated herein by reference.
8.2 Unless stated otherwise herein, a Title I, Instructional, or Service Paraeducator Permit shall be valid for five (5) years from the Date of Issuance.
8.3 The Department shall renew a Paraeducator Permit, valid for an additional five (5) years, to a Paraeducator who provides evidence of successful completion of a minimum of fifteen (15) clock hours of approved professional development.
8.4 The Paraeducator is required to complete fifteen (15) clock hours of approved professional development during the term of validity of the Paraeducator Permit.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-9.0** Certification Requirements for Those Public Education Employees Working at the Department of Education. {#sec-284-9.0 omnilex-key=us-de-regs-official--title-14--284-9.0}
Employees of the Department of Education whose work responsibilities are directly related to curriculum and instruction as determined by the Department shall be licensed and certified by the Department for the position they hold.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-10.0** Licensure and Certification Requirements for Those Public Education Employees Working in Adult Education Programs {#sec-284-10.0 omnilex-key=us-de-regs-official--title-14--284-10.0}
10.1 Notwithstanding the requirements of subsections 3.2, 4.2, 5.2 and 6.2, the licensure and certification of Public Education Employees working in Adult Education Programs shall be as follows:
10.2 Prison Education Programs
10.2.1 Public Education Employees teaching in the Prison Education Program shall hold an Initial, Continuing or Advanced License issued pursuant to subsections 3.2, 4.2 or 5.2, whichever applies.
10.2.2 A Public Education Employee teaching in a Prison Adult Education Programs shall at a minimum be certified in an appropriate content area.
10.2.3 A Public Education Employee serving as a Teacher/Supervisor in the Prison Adult Education Program shall hold a master’s degree from a regionally accredited college or university and complete a minimum of three years of successful full time or part time experience in an adult education setting working as an administrator, coordinator or teacher. One year of the three years may be as an administrator in an alternative education or non traditional educational setting as long as the program is regularly organized and supported by State or federal funds. In addition, the Teacher/Supervisor shall have completed a minimum of eighteen (18) semester credits or its equivalent related to Adult Education and Program Administration within a master’s degree program or in addition to a master’s degree program.
10.3 Community Adult Education Programs – James H. Groves High School
10.3.1 Public Education Employees working in a James H. Groves High School shall hold a Continuing or Advanced License issued pursuant to subsections 4.2 or 5.2, whichever applies.
10.3.2 An individual who has completed teacher prep program or has an expired license may apply for a Level I James H. Groves High School Adult Education Permit.
10.3.3 Upon application, the Department shall issue a Level I James H. Groves High School Adult Education Permit valid for three (3) years to an individual teaching in the James H. Groves High School. To be eligible for a Level I James H. Groves High School Adult Education Permit, the employee shall successfully complete twenty-five (25) clock hours of approved professional development in the content area(s) in which the instruction is being delivered and shall not have received more than one (1) unsatisfactory annual evaluation during this time period.
10.3.4 Upon application, the Department shall issue a Level II James H. Grove High School Adult Education Permit valid for five (5) years to an individual teaching in a James H. Groves High School if the employee has successfully completed forty-five (45) clock hours of approved professional development in their content area(s) in which the instruction is being delivered and has not received more than one (1) unsatisfactory annual evaluation during the term of the Permit.
10.3.5 A Public Education Employee serving as an administrator in a James H. Groves High School shall hold an (a) active license with Standard Certificate pursuant to 14 Del.C. §1591, 1592 or 1593, or (b) a Level III Permit which is representative of a master’s degree from a regionally accredited college or university and complete a minimum of three years of successful full time or part time experience in an adult education setting working as an administrator, coordinator or teacher. One year of the three years may be as an administrator in an alternative education or non-traditional educational setting as long as the program is regularly organized and supported by State or federal funds. The Public Education Employee shall have completed 18 semester hours directly related to Adult Education and Program Administration within a master’s degree program or in addition to a master’s degree.
10.3.6 To renew a Level II Permit the Public Education Employee has to successfully complete forty-five (45) clock hours within five (5) years of approved professional development or as stated in 14 DE Admin. Code 1511.
10.4 Community Adult Education Programs - Adult Basic Education (ABE)
10.4.1 Public Education Employees working in a adult basic education program shall hold an Initial, Continuing or Advanced License issued pursuant to subsections 3.2, 4.2 or 5.2, whichever applies.
10.4.2 The Department shall issue a Level I ABE Permit under this section valid for three (3) years if an applicant demonstrates the following:
10.4.2.1 Has received a bachelor’s degree from a regionally accredited college or university; and
10.4.2.2 Has achieved a passing score on an examination of general knowledge as set forth in 14 DE Admin. Code 1510.
10.4.3 Upon application, the Department shall issue a Level I ABE Permit valid for three (3) years to an individual as listed in 10.4.2.2 who is teaching in an ABE Program funded by the Department. The employee must successfully complete twenty-five (25) clock hours of approved professional development in the Math or English/Language Arts content areas and not receive more than one (1) unsatisfactory annual evaluation during this time period to be eligible for a Level II ABE Adult Education Permit.
10.4.4 Upon application, the Department shall issue a Level II ABE Permit valid for five (5) years to an individual teaching in an ABE programs if the employee has successfully completed forty-five (45) clock hours of approved professional development in the Math or English/Language Arts content areas.
10.4.5 To renew a Level II Permit the Public Education Employee has to successfully complete forty-five (45) clock hours within five (5) years of approved professional development or as stated in 14 DE Admin. Code 1511.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-11.0** Criminal Conviction History {#sec-284-11.0 omnilex-key=us-de-regs-official--title-14--284-11.0}
11.1 An applicant shall disclose his or her criminal conviction history upon application for any Permit.
11.2 Failure to disclose a criminal conviction history is grounds for denial or revocation of a Permit as specified in 14 Del.C. §1219.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-12.0** Reporting Criminal History {#sec-284-12.0 omnilex-key=us-de-regs-official--title-14--284-12.0}
12.1 An applicant shall disclose his or her criminal conviction history upon application for a credential or within ninety (90) days prior to the expiration of a credential if the applicant requests the renewal of their credentials, or upon application of renewal of an expired credential. Failure to disclose a criminal conviction history is grounds for denial or revocation of a credential pursuant to 14 Del.C. §1219.
12.2 The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation's resolution.
12.2.1 The Department shall send notice of the inability to process the application.
12.2.2 The applicant shall be responsible for maintaining current contact information with the Department.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-13.0** Suspension of Permits for Failure to Meet Requirements of the Permit After Issuance {#sec-284-13.0 omnilex-key=us-de-regs-official--title-14--284-13.0}
13.1 The Secretary or his or her designee shall not take action against a person to suspend the permit without providing the person with written notice of the suspension and the reasons therefore.
13.2 Notice shall be sent to the person's last known address. Notice shall be sent by certified mail, with return receipt requested and may also be sent electronically.
13.3 The permit holder shall have ten (10) calendar days from the date the notice of the suspension was mailed to make a written request outlining the reasons for the appeal hearing.
13.4 If no written request for an appeal hearing is received by the Deputy Secretary by ten (10) calendar days from the date the notification was mailed, the permit holder's permit shall be deemed to be suspended and the holder shall be so notified.
13.5 Notice of the suspension shall be made by the Secretary, or his or her designee, to the educator's employer.
13.6 All communications between a permit holder and the Department provided for in this section shall be by certified mail, with a return receipt requested. Additional notice may also be sent electronically.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-14.0** Denial and Revocation of Permits {#sec-284-14.0 omnilex-key=us-de-regs-official--title-14--284-14.0}
14.1 An applicant may be denied a permit upon a finding that the applicant has failed to meet the requirements set forth herein or is unfit to be issued a permit in the State.
14.2 A permit may be revoked upon the dismissal of the permit holder for immorality, misconduct in office, incompetence, willful neglect of duty or disloyalty, and must be revoked upon a finding that the permit holder made a materially false or misleading statement in his or her permit application.
14.3 An applicant whose permit has been denied or revoked may file a request for a hearing with the Secretary within ten (10) days of receipt of the notice of denial or revocation.
14.4 The Secretary’s decision shall be final.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-15.0** Refusal of Licenses and Certificates {#sec-284-15.0 omnilex-key=us-de-regs-official--title-14--284-15.0}
Except as noted herein, the Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate to an applicant pursuant to 14 DE Admin. Code 1413 Denial of Licenses, including any subsequent amendment or revision thereto.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
##### **14 Del. Admin. Code § 284-16.0** Revocation of Licenses and Certificates {#sec-284-16.0 omnilex-key=us-de-regs-official--title-14--284-16.0}
Except as otherwise noted, a credential may be revoked pursuant to 14 DE Admin. Code 1514 Revocation, Limitation, or Suspension of Licenses, including any subsequent amendment or revision thereto.
**History**
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *19 DE Reg. 487 (12/01/15)*
- *10 DE Reg. 983 (12/01/06)*
- *19 DE Reg. 487 (12/01/15)*
### **286** Application Fee For Educator Licensure
##### **14 Del. Admin. Code § 286-1.0** Purpose {#sec-286-1.0 omnilex-key=us-de-regs-official--title-14--286-1.0}
The purpose of this regulation is to comply with 14 Del.C. §122(b)(27) related to educator licensure, and to establish rules and guidelines related to the application fee for educator licensure. Specifically, the Department of Education will implement a one-time, non-refundable fee of not more than $100 for an educator’s first application to obtain licensure and certification in Delaware. However, the fee shall be reimbursed for any applicant who becomes employed as an educator in a Delaware Public School. This application may be for an initial, continuing, or advanced license.
**History**
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *19 DE Reg. 620 (01/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
##### **14 Del. Admin. Code § 286-2.0** Definitions {#sec-286-2.0 omnilex-key=us-de-regs-official--title-14--286-2.0}
The following words and terms, when used in this regulation, have the following meaning:
“Advanced License” means a license issued as part of the 3-tiered licensure system set forth in 14 Del.C. §121(c) and 14 Del.C. Ch. 12, subchapter II.
"Charter School" means a public school that is operated under a charter granted by, or transferred to, the Delaware Department of Education or other authorizing body pursuant to 14 Del.C. Ch. 5.
“Continuing License” means a license issued as part of the 3-tiered licensure system set forth in 14 Del.C. §121(c) and 14 Del.C. Ch. 12, subchapter II.
“Department” means the Delaware Department of Education.
“Educator Licensure Application Fee” means the one-time, non-refundable fee of not more than $100 an individual pays for an application for their first educator license in Delaware.
"Eligible Educator" means an educator who has paid the one-time $100 educator licensure fee and who has become employed as an educator in a Delaware public school.
“Initial License” means a license issued as part of the 3-tiered licensure system set forth in 14 Del.C. §121(c) and 14 Del.C. Ch. 12, subchapter II.
"Public School" means a physical plant having any or all of grades kindergarten through 12, supported primarily from public funds and under the supervision of public school administrators. A Charter School, as defined herein, is also a public school.
**History**
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *19 DE Reg. 620 (01/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
##### **14 Del. Admin. Code § 286-3.0** Application Process {#sec-286-3.0 omnilex-key=us-de-regs-official--title-14--286-3.0}
3.1 Applicants seeking educator licensure in Delaware shall:
3.1.1 Establish an online account in the electronic licensure and certification system in Delaware;
3.1.2 Submit official documents to the Department to support their application;
3.1.3 Pay a one-time, non-refundable $100 application fee via debit or credit card through the electronic licensure and certification system when applying for an initial, continuing, or advanced license; and
3.1.4 Meet all statutory and regulatory requirements.
3.2 An application will not be processed until all conditions of subsection 3.1 are met.
3.3 Submission of an online fee and application does not entitle the applicant to the requested license.
**History**
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *19 DE Reg. 620 (01/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
##### **14 Del. Admin. Code § 286-4.0** Exemptions From Application Fee {#sec-286-4.0 omnilex-key=us-de-regs-official--title-14--286-4.0}
An applicant who is already licensed and certified in Delaware shall be exempt from the application fee.
**History**
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *19 DE Reg. 620 (01/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
##### **14 Del. Admin. Code § 286-5.0** Fee Payment and Collection {#sec-286-5.0 omnilex-key=us-de-regs-official--title-14--286-5.0}
5.1 No installment or partial payments of the fee will be accepted. Only full payment of the fee, to be made as part of the online electronic application, is permitted.
5.2 No appeals, exceptions, or waivers shall be granted for the fee.
5.3 All fees collected pursuant to this regulation shall be deposited in the General Fund, with the exception of $90,000, which shall be retained annually by the Department in a special fund to be established for the sole purpose of reimbursing eligible educators.
**History**
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *19 DE Reg. 620 (01/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
##### **14 Del. Admin. Code § 286-6.0** Reimbursement {#sec-286-6.0 omnilex-key=us-de-regs-official--title-14--286-6.0}
6.1 An eligible educator shall receive a reimbursement of the one-time $100 educator licensure fee. The reimbursement shall be processed by the Department in coordination with the Division of Accounting for eligible educators identified November 1 and April 1 of each fiscal year.
6.2 Eligible educators shall receive their reimbursement check through either a direct deposit transaction or live check.
**History**
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *20 DE Reg. 435 (12/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *26 DE Reg. 310 (10/01/22)*
- *19 DE Reg. 620 (01/01/16)*
- *20 DE Reg. 435 (12/01/16)*
- *21 DE Reg. 803 (04/01/18)*
- *26 DE Reg. 310 (10/01/22)*
### **288** Standards for Professional Learning
##### **14 Del. Admin. Code § 288-1.0** Content {#sec-288-1.0 omnilex-key=us-de-regs-official--title-14--288-1.0}
Pursuant to 14 Del.C. §122(a), this regulation identifies the standards for professional learning that serve to connect professional learning and student learning and are based on Learning Forward's Standards for Professional Learning (2022). The standards are a comprehensive, research-based, field-informed framework that describe the conditions and characteristics of professional learning that leads to improved educator practice and students learning.
**History**
- *28 DE Reg. 288 (10/01/24)*
##### **14 Del. Admin. Code § 288-2.0** Definitions {#sec-288-2.0 omnilex-key=us-de-regs-official--title-14--288-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person who is licensed and certified by the Department to engage in the practice of instruction, administration, or other related professional support services, or who has been issued a permit to practice in Delaware public schools.
"Professional learning" means activities that are sustained, intensive, collaborative, job-embedded, data-driven, and classroom focused. Professional learning does not include stand-alone, 1-day, or short-term workshops.
**History**
- *28 DE Reg. 288 (10/01/24)*
##### **14 Del. Admin. Code § 288-3.0** Prerequisites for Professional Learning {#sec-288-3.0 omnilex-key=us-de-regs-official--title-14--288-3.0}
3.1 The prerequisites before an educator engages in the frames in Section 5.0 are fundamental, necessary for effective learning, and reside where professional learning intersects with professional ethics.
3.2 The prerequisites for professional learning are set forth in subsections 3.2.1 through 3.2.4.
3.2.1 An educator's commitment to all students is the foundation of effective professional learning.
3.2.2 Each educator involved in professional learning comes to the experience ready to learn.
3.2.3 Because there are disparate experience levels and use of practice among educators, professional learning can foster collaborative inquiry and learning that enhances individual and collective performance.
3.2.4 Like all learners, educators learn in different ways and at different rates.
**History**
- *28 DE Reg. 288 (10/01/24)*
##### **14 Del. Admin. Code § 288-4.0** Framework of the Standards for Professional Learning {#sec-288-4.0 omnilex-key=us-de-regs-official--title-14--288-4.0}
4.1 The framework of the standards consists of 3 frames: the rigorous content for each learner; transformational processes; and conditions for success frames.
4.2 Subsections 4.2.1 through 4.2.3 set forth the standards within each frame.
4.2.1 The standards within the rigorous content for each learner frame describe the essential content of adult learning that leads to improved student outcomes.
4.2.2 The standards within the transformational processes frame describe process elements of professional learning, explaining how educators learn in ways that sustain significant changes in their knowledge, skills, practices, and mindsets.
4.2.3 The standards within the conditions of success frame describe aspects of professional learning context, structures, and cultures that undergird high-quality professional learning.
**History**
- *28 DE Reg. 288 (10/01/24)*
##### **14 Del. Admin. Code § 288-5.0** Frames {#sec-288-5.0 omnilex-key=us-de-regs-official--title-14--288-5.0}
5.1 The standards in subsections 5.1.1 through 5.1.3 are core constructs that outline the professional learning objective educators are required to attain within the rigorous content for each learner frame.
5.1.1 Equity practices. Educators understand students' historical, cultural, and societal contexts, embrace student assets through instruction, and foster relationships with students, families, and communities.
5.1.2 Curriculum, assessment, and instruction. Educators prioritize high-quality curriculum and instructional materials for students, assess student learning, and understand and implement curriculum through instruction. Curriculum includes the core instructional or curriculum materials, aligned assessments, scope and sequence frameworks to pace learning, lesson plans, and supplemental student materials to achieve learning goals.
5.1.3 Professional expertise. Educators apply standards and research to their work, develop the expertise to their roles, and prioritize coherence and alignment in their learning.
5.2 The standards in subsections 5.2.1 through 5.2.4 are core constructs that outline the professional learning objective educators are required to attain within the transformational processes frame.
5.2.1 Equity drivers. Educators prioritize equity in professional learning practices, identify and address their own biases and beliefs, and collaborate with diverse colleagues.
5.2.2 Evidence. Educators create expectations and build capacity for use of evidence, leverage evidence, data, and research from multiple sources to place educator learning and measure and report the impact of professional learning.
5.2.3 Learning designs. Educators set relevant and contextualized learning goals, ground their work in research and theories about learning, and implement evidence-based learning designs.
5.2.4 Implementation. Educators understand and apply research on change management, engage in feedback processes, and implement and sustain professional learning.
5.3 The standards in subsections 5.3.1 through 5.3.4 are core constructs that outline the professional learning objective educators are required to attain within the conditions for success frame.
5.3.1 Equity foundation. Educators establish expectations for equity, create structures to ensure equitable access to learning, and sustain a culture of support for all staff.
5.3.2 Culture of collaborative inquiry. Educators engage in continuous improvement, build collaboration skills and capacity, and share responsibility for improving learning for all students.
5.3.3 Leadership. Educators establish a compelling and inclusive vision for professional learning, sustain coherent support to build educator capacity, and advocate for professional learning by sharing the importance and evidence of impact of professional learning.
5.3.4 Resources. Educators allocate resources for professional learning, prioritize equity in their resource decisions, and monitor the use and impact of resource investments.
**History**
- *28 DE Reg. 288 (10/01/24)*
##### **14 Del. Admin. Code § 288-6.0** Applicability {#sec-288-6.0 omnilex-key=us-de-regs-official--title-14--288-6.0}
6.1 The Department applies the standards to guide and approve learning, facilitation, implementation, and evaluation of professional development or professional learning.
6.2 School districts and charter schools shall apply the standards to guide learning, facilitation, implementation, and evaluation of professional development or professional learning.
**History**
- *28 DE Reg. 288 (10/01/24)*
##### **14 Del. Admin. Code § 288-7.0** Enforcement of Standards {#sec-288-7.0 omnilex-key=us-de-regs-official--title-14--288-7.0}
Failure to apply this regulation could result in professional development or professional learning not being approved or denied funding opportunities.
**History**
- *28 DE Reg. 288 (10/01/24)*
### **290** Traditional Educator Preparation Programs
##### **14 Del. Admin. Code § 290-1.0** Content {#sec-290-1.0 omnilex-key=us-de-regs-official--title-14--290-1.0}
Pursuant to 14 Del.C. §§122(b)(22) and 1280, this regulation shall apply to the approval, modification, and review, probation, and revocation of traditional educator preparation programs. Traditional educator preparation programs are programs that prepare candidates to become educators in a specific area, subject, or category, culminating in a capstone clinical placement, which leads to eligibility for licensure and certification. This regulation does not apply to alternative routes to certification (ARTC) programs pursuant to 14 Del.C. §§1260 - 1266 and 14 DE Admin. Code 291.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
##### **14 Del. Admin. Code § 290-2.0** Definitions {#sec-290-2.0 omnilex-key=us-de-regs-official--title-14--290-2.0}
The words and terms, when used in this regulation, shall have the following meaning:
“Administrator” means the Department employee charged with oversight of traditional educator preparation programs.
“CAEP” means the Council for the Accreditation of Educator Preparation, which is a national accrediting body for educator preparation program providers.
“Candidate” means an individual enrolled in a traditional educator preparation program who is preparing for or serving in a position as an educator in schools that serve students in pre-school through grade 12.
“Capstone clinical placement” means a student teaching or residency placement that consists of at least 10 consecutive weeks, encompassing at least 200 hours, overseen by a high quality cooperating educator and a high quality clinical supervisor.
“Clinical experience” means guided, hands-on, practical application of candidate knowledge and theory to candidate practice through collaborative and facilitated learning activities in field-based assignments.
“Cohort” means the set of individuals who matriculate into a program or exit a program in the same year.
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Delaware Professional Standards Board (PSB) and approved by the State Board but does not include substitute teachers.
“Exit” means completion of a program by a candidate.
“High quality clinical supervisor” means a supervisor of a candidate who is employed by the traditional educator preparation program, trained or experienced in the field which the individual is supervising, trained to work with and provide feedback to candidates, and meets the CAEP accreditation standards for this role.
“High quality cooperating educator” means an educator employed by a local education agency (LEA) or private school, collaboratively selected by the employer and the traditional educator preparation program, who oversees the candidates' capstone clinical placement and who has received a minimum of a Satisfactory rating on all components of the applicable State-approved evaluation system the educator’s most recent summative evaluation and completed training in educator mentoring or supervision.
"Provider" means an individual, public or private educational association, corporation, or institution that seeks approval to operate or is approved by the Department to operate an educator preparation program in the State.
“Specialized professional association” or “SPA” means a national organization of teachers, professional education faculty, and other school professionals with expertise in a specific content area, developmental level, or professional roles that has developed standards for preparing educators in their respective roles.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
##### **14 Del. Admin. Code § 290-3.0** Prior Approval from the Department Required to Offer Programs {#sec-290-3.0 omnilex-key=us-de-regs-official--title-14--290-3.0}
3.1 Pursuant to 14 Del.C. §§122(b)(22) and 1280(a), an individual, public or private educational association, corporation or institution, including any college, university, or other postsecondary institution authorized to operate in the State, shall not offer a traditional educator preparation program for the training of educators to be licensed in this State without first having procured the approval of the Department for the offering of a program.
3.2 The Department shall not issue a Standard Certificate to an applicant who completes a traditional educator preparation program for which the Department's approval is required but the institution failed to procure the Department’s approval.
3.3 Operation of a traditional educator preparation program in the State that is not approved by the Department may result in action by the Department, the Department of Justice, or both as provided in 14 Del.C. §§185 - 194.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
##### **14 Del. Admin. Code § 290-4.0** Traditional Educator Preparation Program Requirements {#sec-290-4.0 omnilex-key=us-de-regs-official--title-14--290-4.0}
4.1 In order to be approved by the Department, a traditional educator preparation program shall complete the process in Section 5.0 and meet the requirements set forth in subsections 4.1.1 through 4.1.6, State requirements, and, where applicable, national standards appropriate to the program.
4.1.1 Entry requirements
4.1.1.1 Providers shall establish rigorous entry requirements as prerequisites for matriculation into the program.
4.1.1.1.1 For programs that provide instruction in content and pedagogical knowledge, the entry requirements shall be, at a minimum, 1 of the requirements in subsections 4.1.1.1.1.1 through 4.1.1.1.1.3 during the most recent period of 2 years of the applicants' general education, whether secondary or post-secondary.
4.1.1.1.1.1 Applicants shall have a Grade Point Average (GPA) of at least 3.0 on a 4.0 scale.
4.1.1.1.1.2 Applicants shall have a Grade Point Average (GPA) in the top 50th percentile for coursework completed.
4.1.1.1.1.3 Applicants shall demonstrate mastery of general knowledge, including the ability to read, write, and compute, by achieving a score deemed to be College Ready on a test of general knowledge normed to the college-bound population. Tests of general knowledge include Praxis Core, SAT, ACT, and GRE.
4.1.1.1.2 For programs that provide instruction in pedagogical knowledge only, the entry requirements shall be both of the requirements in subsections 4.1.1.1.2.1 and 4.1.1.1.2.2.
4.1.1.1.2.1 Applicants shall hold a bachelor's degree from a regionally accredited college or university.
4.1.1.1.2.2 During the most recent period of a least 2 years of the general post-secondary education, applicants shall have at least 24 credits in compliance with 14 Del.C. §1280(b)(1) from a regionally accredited college or university aligned to the content area in which the applicant is seeking certification or the equivalent in professional development approved by the Department appropriate to the instructional field or passing scores on an approved content-readiness exam prior to entering the program.
4.1.1.3 Programs shall collaborate with any accredited college, university, or other postsecondary institution authorized to operate in the State with which they have articulation agreements, including community colleges, to ensure that applicants meet the required entry thresholds for acceptance into the program.
4.1.1.4 Programs shall apply the requirements as provided in subsection 4.1.1 to all entering applicants.
4.1.1.5 Programs may waive the requirements for up to 10% of the applicants admitted in a cohort as outlined in the Department's Technical Guide. Programs shall implement strategies to ensure that applicants admitted under a waiver receive assistance to demonstrate competencies to successfully meet requirements of the program.
4.1.2 Clinical experiences
4.1.2.1 Programs shall have clinical experiences required throughout the program and aligned with program curriculum. Clinical experiences shall align with the area, subject, or category of certification being sought by candidates. Clinical experiences shall be designed and incorporated into the program by the provider and begin in the first year of the program. Programs shall provide candidates the opportunity to reflect on clinical experiences within the classroom setting.
4.1.2.1.1 Programs shall have a capstone clinical placement in which the candidate is:
4.1.2.1.1.1 Supervised on-site by an educator as provided in subsection 4.1.2.2, 4.1.2.3, or 4.1.2.4, whichever is applicable;
4.1.2.1.1.2 A recipient of ongoing support from a high quality clinical supervisor; and
4.1.2.1.1.3 Responsible for the instruction and classroom management of a roster of students.
4.1.2.2 Programs for teachers shall include a minimum of 10 weeks of full-time student teaching in the area in which the candidate seeks certification. The clinical hours shall be completed under the mentorship of a currently employed teacher with a level 3 or 4 summative rating under 14 DE Admin. Code 106A. For the purpose of this regulation, "student teaching" means the period during which a candidate serves as a teacher in a school, plans and delivers independent instruction to students on a regularly scheduled basis, develops or prepares instructional materials, and evaluates students in any pre-school through grade 12 school setting.
4.1.2.3 Programs for administrators shall include clinical experiences totaling a minimum of 240 hours equitably distributed within the program. The clinical hours shall be completed under the mentorship of a currently employed administrator with a distinguished or accomplished summative rating under 14 DE Admin. Code 108A.
4.1.2.4 Programs for specialists shall include a supervised practical experience in the specialty area being pursued. The supervised practical experiences shall align with requirements for certification of the specialty being pursued. Practical experience in the specialty area shall be an internship, practicum, or clinical experience that is supervised by a currently employed specialists with an effective or highly effective summative rating under 14 DE Admin. Code 107A.
4.1.2.5 Programs may adjust the schedule of the clinical capstone placement to comply with embedded local education agency (LEA) vacation schedules, holidays, and unforeseen official school closures.
4.1.3 Instruction and content components
4.1.3.1 All approved programs for prospective elementary school teachers, early childhood teachers, special education teachers, and reading specialists shall provide instruction on research and evidence-based best practices and strategies for teaching childhood literacy. Programs shall include instruction aligned to candidates’ certification area in content and pedagogy, and to Delaware approved standards for English Language Arts, designed to provide candidates with a deep conceptual understanding of the content, beyond basic procedural understanding as required in 14 Del.C. §1280(c).
4.1.3.2 All approved programs for prospective elementary school teachers shall provide instruction on research and evidence-based best practices and strategies for teaching childhood numeracy. Programs for elementary and early-childhood teachers shall include instruction aligned to candidates’ certification area in content and pedagogy aligned to Delaware approved standards for mathematics, designed to provide candidates a deep conceptual understanding of the content, beyond basic procedural understanding. Instructional topics shall include State standard-aligned content areas and State-standard aligned strategies for instruction.
4.1.3.3 Programs for teachers, specialists, or administrators shall include instruction in content that is aligned to current and approved Delaware professional standards and national content standards, if applicable.
4.1.3.4 Programs for all teachers shall include instruction in educational technology that is aligned to approved Delaware standards.
4.1.3.5 Programs for all teachers shall include purposeful integration of technology for teaching and learning that is aligned to approved Delaware standards.
4.1.4 Candidate evaluation
4.1.4.1 Programs shall conduct evaluations of the candidate throughout the program, which shall consist of a minimum of 3 formally documented observations of the candidate, resulting in the candidate receiving feedback about the candidate's practice.
4.1.4.2 Observations and evaluations of candidates shall be aligned to an applicable State-approved educator evaluation system and include measures of student progress.
4.1.4.3 Results of candidate evaluations shall inform program interaction with the candidate, including feedback, placement, remediation, or support.
4.1.5 Exit requirements
4.1.5.1 Programs shall establish rigorous exit requirements.
4.1.5.1.1 Where a content readiness exam is applicable and available in area, subject, or category of specialization sought, the candidate shall achieve the minimum score on an examination as provided in the regulation applicable to the Standard Certificate sought by the candidate. If the candidate seeks 1 of the content area Standard Certificates set forth in subsection 1.1 of 14 DE Admin. Code 1519, the candidate shall show that the candidate has acquired knowledge in the content area as provided in Sections 4.0 or 5.0 of 14 DE Admin. Code 1519.
4.1.5.1.2 Assessment of the prospective educator's ability to apply pedagogical skills to meet the needs of the prospective educator's students pursuant to 14 Del.C. §1280(d)(1) such as a performance assessment.
4.1.6 Reporting requirements. All approved programs shall provide the Department with data on program graduates, graduate performance, and graduate performance and effectiveness, as well as comply with reporting for all requirements listed in Section 4.0 via Department data submission specifications and processes as outlined in Section 7.0. Failure to comply with data reporting and collection requests shall result in revocation of program approval.
4.1.7 Programs in content areas and for administrators and specialists shall maintain CAEP accreditation.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
##### **14 Del. Admin. Code § 290-5.0** Program Approval Process {#sec-290-5.0 omnilex-key=us-de-regs-official--title-14--290-5.0}
5.1 Providers must apply for new program approval to the Administrator in a format and timeline determined by the Department as provided in subsections 5.1.1 through 5.1.4.
5.1.1 If the program is in a content area or is for administrators or specialists and seeks SPA recognition shall submit an application to the Administrator and documentation of seeking SPA recognition.
5.1.2 If the program is in a content area or is for administrators or specialists and seeks Department approval, the program shall notify the Department of its intent to initiate the review process at least 6 months before approval is required. In addition, at least 90 days before approval is required the provider shall submit the application to the Administrator. The application shall include all of the information provided in subsections 5.1.2.1 through 5.1.2.9.
5.1.2.1 A description of the program for which approval is sought and other administrative information, including the plan for implementing Department-mandated program components as provided in Section 4.0. The description shall include a detailed description and outline of the proposed program content and coursework and of the alignment with content standards.
5.1.2.2 Identification of the certifications the program will address.
5.1.2.3 Justification for the new program.
5.1.2.4 A needs assessment demonstrating the demand for such program graduates in the employment market and demand by potential candidates.
5.1.2.5 The curriculum for the program, including finalized syllabi for any new courses.
5.1.2.6 Descriptions of the expected outcomes of the programs and of how those outcomes will be assessed.
5.1.2.7 Vitae for all faculty delivering instruction in or administering the program.
5.1.2.8 Descriptions of materials, media and resources available for the program, and how technology is integrated into the curriculum or program.
5.1.2.9 A description of how the program is aligned to applicable content and pedagogy standards.
5.1.3 If the program is in a content area or is for administrators or specialists and seeks CAEP Evidence Review of Standard 1 shall submit an application to the Administrator and documentation of the CAEP Evidence Review of Standard 1.
5.1.4 If the program is not in a content area or for administrators or specialists, the program shall notify the Department of its intent to initiate the review process at least 6 months before approval is required. In addition, at least 90 days before approval is required the provider shall submit the application to the Administrator. The application shall include all of the information provided in subsections 5.1.4.1 through 5.1.4.9.
5.1.4.1 A description of the program for which approval is sought and other administrative information, including the plan for implementing Department-mandated program components as provided in Section 4.0. The description shall include a detailed description and outline of the proposed program content and coursework and of the alignment with content standards.
5.1.4.2 Identification of the certifications the program will address.
5.1.4.3 Justification for the new program.
5.1.4.4 A needs assessment demonstrating the demand for program graduates in the employment market and demand by potential candidates.
5.1.4.5 The curriculum for the program, including finalized syllabi for any new courses.
5.1.4.6 Descriptions of the expected outcomes of the programs and of how those outcomes will be assessed.
5.1.4.7 Vitae for all faculty delivering instruction in or administering the program.
5.1.4.8 Descriptions of materials, media and resources available for the program, and how technology is integrated into the curriculum or program.
5.1.4.9 A description of how the program is aligned to applicable content and pedagogy standards.
5.2 Review of applications submitted pursuant to subsection 5.1.2 or 5.1.4.
5.2.1 Upon completion of the application review, the Department will appoint individuals to review the application as a team and the review team shall complete a report on the proposed program.
5.2.1.1 Applications shall be reviewed by a Department review team, which shall consist of at least 2 members including the Administrator or the Administrator's designee, 1 of whom shall be the chair. The provider shall be notified as to the members chosen for the review.
5.2.1.2 Experts in the content of the proposed program shall be included on the review team. The Department may select members of the review team from outside the Department if a content expert in the field of the proposed program is not available within the Department.
5.2.1.3 If those initially selected are unable to serve, substitute members may be selected and the provider shall be notified of the substitute members.
5.2.1.4 Prior to participating in the review, review team members shall receive training by the Department in the procedure for review of program proposals and timelines for proposal review.
5.2.2 The review team's report will contain the Department's determination of approval or disapproval of the proposed program.
5.2.3 The Administrator shall provide a copy of the report to the provider. Providers shall have 30 calendar days after Departmental provision of the report to submit a response in writing pointing out any perceived factual errors and providing any available documentation to support those claims.
5.2.4 The Administrator shall review a provider's response and may amend the report.
5.3 The Department will review submitted applications and documents and provide approval of the program or rejection of the proposal, notifying representatives of the provider.
5.4 Programs that have been approved under subsection 5.2 or 5.3 will be given provisional approval for 1 year if the application meets standards set forth in subsections 5.4.1 through 5.4.9. For the purpose of this regulation, provisional approval means the provider is authorized to proceed with the program identified in the application, and to admit first cohort of candidates to the program.
5.4.1 The program shall have a comprehensive curriculum that aligns with the standards and requirements set forth by the State for educator preparation. The curriculum content shall cover essential areas, such as pedagogy, subject matter knowledge, instructional strategies, assessment techniques, and classroom management.
5.4.2 The program's instructors shall possess appropriate qualifications and expertise in their respective fields. They shall demonstrate proficiency in teaching methodologies and instructional practices.
5.4.3 The program shall include practical, hands-on field experiences in educational settings, such as student teaching, practicum, or internship placements. The program shall provide opportunities for students to engage in meaningful and supervised clinical experiences in authentic settings. Field experiences shall provide opportunities for candidates to apply theoretical knowledge in real-world teaching environments.
5.4.4 The program shall provide comprehensive preparation for the responsibilities and challenges of teaching in the relevant subject area and grade level.
5.4.5 The program shall demonstrate a commitment to ongoing evaluation and improvement, utilizing data-driven processes to assess student outcomes, program effectiveness, and overall quality.
5.4.6 The program shall maintain transparency in its operations, providing clear information to stakeholders regarding program requirements, expectations, policies, and outcomes.
5.4.7 The program shall uphold ethical standards in all aspects of its operation, including recruitment, admissions, instruction, assessment, and support services.
5.4.8 The program shall maintain financial stability to ensure its long-term viability and ability to fulfill its commitments to students, faculty, and other stakeholders.
5.4.9 The program shall comply with all applicable laws, regulations, and statutes governing educator preparation, including those outlined in 14 Del.C. §§185 - 194.
5.5 Upon receipt and review of the first annual report aligned with the requirements stated in Sections 4.0 and 7.0, the Department may extend provisional approval for up to 4 additional years. Programs on provisional approval shall be required to comply with all data reporting requirements in Section 7.0 and any additional data as required by the Department.
5.6 Full (non-provisional) program approval may be granted after the submission and approval of data and reporting as in Section 7.0 for the first cohort to exit the program.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
##### **14 Del. Admin. Code § 290-6.0** Modifications after Program Approval {#sec-290-6.0 omnilex-key=us-de-regs-official--title-14--290-6.0}
6.1 After a program is fully approved by the Department, the provider shall obtain the Department's prior approval for the modifications set forth in subsections 6.1.1 through 6.1.6.
6.1.1 To change the program's name.
6.1.2 To change the program's terminal degree.
6.1.3 To combine 2 or more programs.
6.1.4 To change portions of the program, such as the duration of placement.
6.1.5 To change the program's curriculum, such as adding or removing courses.
6.1.6 To change the program's overall credit hours.
6.2 In order to obtain the Department's approval of modifications, the provider shall submit an application to the Administrator.
6.3 A provider shall not modify a program until the provider has obtained the Department's approval for the modification or modifications.
6.4 A provider's failure to obtain the Department's prior approval for modifications may result in revocation of a program's full approval.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
##### **14 Del. Admin. Code § 290-7.0** Program Review and Reporting {#sec-290-7.0 omnilex-key=us-de-regs-official--title-14--290-7.0}
7.1 Compliance with program requirements
7.1.1 For programs in content areas and for administrators and specialists, Providers shall be required to submit the CAEP annual report to CAEP and provide the Department with timely communication and materials regarding the formal CAEP approval and, where applicable, SPA recognition review processes.
7.1.2 Providers shall submit data and reports annually demonstrating each program’s compliance with requirements outlined in Section 4.0, in a format determined by the Department. These reports shall include documentation of compliance with the following measures:
7.1.2.1 Entrance requirements, including documentation of the admission requirements by which members of the cohort were accepted, as provided in subsection 4.1.1;
7.1.2.2 Requirements for clinical experiences, including documentation certifying placements with high quality cooperating educators and high quality clinical supervisors;
7.1.2.3 Instruction and Content requirements as provided in subsection 4.1.3;
7.1.2.4 Exit requirements, including candidate passage rates on content exams or compliance with 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge, assessment of pedagogical skills, the rate of candidate exit of the program, and documentation of candidates who do not exit the program;
7.1.2.5 Candidate evaluation requirements, including documentation of evaluation processes and remediation policies, as defined by the program.
7.1.3 Providers shall compile and report data for each graduating cohort and for the most recent 5 years of program cohorts on a selection of metrics by the Department. Metrics may include:
7.1.3.1 Program completion, including number and demographics of completers and non-completers.
7.1.3.2 Post-graduate employment in Delaware schools by subject-area, grade-level, and LEA employer, including placement in high-needs schools and subjects.
7.1.3.3 Performance including pass rates and cut scores on performance assessments required by the program and content-exams, average applicable State-approved educator evaluation system ratings, including student improvement component, and measures of employer or supervisor satisfaction with job performance.
7.1.3.4 Retention within the program and as an educator each year.
7.1.4 The Department may conduct monitoring or an interim review of an approved program.
7.1.5 Programs in content areas and for administrators and specialists are subject to full CAEP review at the request of the Department.
7.2 Data compilation and review
7.2.1 The Department will review all data, reports and outcomes provided in subsection 7.1 and create and publish program reports for each program.
7.2.2 The program report will include:
7.2.2.1 Relevant metrics as provided in subsection 7.1 and 14 Del.C. §1280(e).
7.2.2.2 Ratings based on analysis of all required data points and information.
7.2.2.3 The process, standards, and methodologies for each rating are determined by the Department.
7.2.3 The Department will compile program level reports with annual data for programs for cohorts of 10 or more candidates. For programs with cohorts of fewer than 10 candidates, the Department will compile reports using up to the most recent 5 years of data, if this provides a cumulative cohort of at least 10 graduates. Programs with cohorts of fewer than 10 candidates may report an overall rating but not report any specific metrics that violate the privacy of individuals.
7.2.4 Department reports will be provided to the program prior to being released to the public.
7.2.4.1 Programs shall have 30 calendar days after the Department provides the report to submit a response in writing pointing out any perceived factual errors, and to provide any documentation to support those claims.
7.2.4.2 The Administrator shall review a program’s response and may amend the report.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
##### **14 Del. Admin. Code § 290-8.0** Oversight and Revocation {#sec-290-8.0 omnilex-key=us-de-regs-official--title-14--290-8.0}
8.1 Review
8.1.1 The Department will regularly review program outcomes every 2 years.
8.1.2 Programs which meet the requirements and standards on the Department report are approved by the Department as a Tier 1 or Tier 2.
8.1.3 Programs which fail to meet the requirements and standards addressed in Section 7.0 shall be placed on probation as a Tier 3 or Tier 4.
8.2 Probation
8.2.1 Following the process provided in Section 7.0, if the approved program fails to meet the standards and benchmarks, reporting or compliance requirements set forth by this regulation, it shall be placed on probation.
8.2.2 Programs which are deemed non-compliant with requirements for program approval as provided in Section 4.0 or who do not comply with data sharing pursuant to Section 7.0, or who lose CAEP accreditation or SPA recognition, by revocation or by expiration, may be placed on probation status or may face revocation of the Department’s approval.
8.2.3 Programs may continue to accept candidates for entry while on the first probation cycle.
8.2.4 Probation shall last 2 years or until the next program review cycle unless via annual reporting requirements the program provides evidence to substantiate meeting full program approval, as decided by the Department. If a program provides the required evidence, it may be removed from probation after 1 year.
8.2.5 Within 30 days of the notification to the program that its probation is renewed for a second 2-year cycle, the provider shall notify each candidate individually in writing of the probation of program approval and provide documentation of the notification to the Department.
8.2.6 While a program is on probation it must continue to provide all annual reporting.
8.2.7 The Department will monitor program progress towards meeting the goals for the program cited by the Department throughout the probationary period, including review of required data reports and monitoring visits.
8.2.8 If, after the first 2-year probation cycle, a program is deemed by the Department to have not made satisfactory progress toward meeting program standards, reporting, and compliance requirements as set forth in this regulation, its approval may be revoked. For the purpose of this regulation, "satisfactory progress" means a candidate is on track to satisfy all program requirements within the required timeframe.
8.2.9 Probation may be renewed after the first 2-year probation cycle has been completed if the program is deemed to be making satisfactory progress. However, no new candidates may enter the program during this time. Within 30 days of the notification to the program that its probation is renewed for a second 2-year cycle, the program must notify each candidate individually in writing of its probationary status and provide documentation of the notification to the Department.
8.2.10 Programs that fail to meet the standards for approval after 4 years on probation will have approval revoked.
8.3 Revocation
8.3.1 If a program fails to meet the standards, reporting or compliance requirements set forth by this regulation, and the program is not on probation, its approval shall be revoked.
8.3.2 The Department will make the final determination regarding revocation of State approval.
8.3.3 If upon review of a program the Department decides that it will move to revoke program approval, the Department will notify the program in writing.
8.3.4 Upon provision of such notification, program approval is considered revoked. The program may not recruit or accept new candidates. Candidates enrolled in the program who have accumulated enough credits to be on track for graduation within the current academic year may be deemed as having completed the program.
8.3.5 An individual, public or private educational association, corporation or institution must wait 2 years after the program has been revoked before it can apply to the Department for approval of a program that is substantially the same as the program that was revoked.
8.4 Appeal
8.4.1 A program subject to a decision of revocation may file a petition with the Department for review of that decision not later than 30 calendar days after the notice of revocation has been provided.
8.4.2 The petition for review of revocation decision shall include a short statement explaining the rationale for contesting the decision. The petition shall be accompanied by a statement of position and evidence supporting the rationale.
8.4.3 The Department shall review the materials submitted by the program including written statements of position, documents, and comments supporting the claims.
8.4.4 The Department, after considering the evidence presented and the arguments made by the petitioner, shall make a decision and inform the petitioner in writing of that decision, within 60 working days of receipt of the materials. The decision of the Department is final.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
##### **14 Del. Admin. Code § 290-9.0** Contact Information and Change of Name or Address {#sec-290-9.0 omnilex-key=us-de-regs-official--title-14--290-9.0}
9.1 All providers are required to update their contact information if their contact information changes by notifying the Administrator in writing.
9.2 A provider whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *28 DE Reg. 112 (08/01/24)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *28 DE Reg. 112 (08/01/24)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *21 DE Reg. 565 (01/01/18)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
- *10 DE Reg. 835 (11/01/06)*
- *15 DE Reg. 642 (11/01/11)*
- *18 DE Reg. 57 (07/01/14)*
- *21 DE Reg. 565 (01/01/18)*
- *22 DE Reg. 219 (09/01/18)*
- *22 DE Reg. 582 (01/01/19)*
- *23 DE Reg. 748 (03/01/20)*
- *28 DE Reg. 112 (08/01/24)*
### **291** Alternative Routes to Certification (ARTC) Programs
##### **14 Del. Admin. Code § 291-1.0** Content {#sec-291-1.0 omnilex-key=us-de-regs-official--title-14--291-1.0}
Pursuant to 14 Del.C. §122(b)(22) and §§1260 - 1266, this regulation shall apply to the approval, modification, and review, probation, and revocation of alternative routes to certification (ARTC) programs for teachers and leaders. ARTC programs are programs provided by any individual, public or private educational association, corporation, or institution which includes coursework, clinical experiences, and training components that render a participant eligible for educator licensure, certification, or both in the State upon completion. This regulation does not apply to traditional educator preparation programs pursuant to 14 Del.C. §1280 and 14 DE Admin. Code 290.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-2.0** Definitions {#sec-291-2.0 omnilex-key=us-de-regs-official--title-14--291-2.0}
The words and terms, when used in this regulation, shall have the following meaning:
"Administrator" means the Department employee charged with oversight of ARTC programs.
"CAEP" means the Council for the Accreditation of Educator Preparation, which is a national accrediting body for educator preparation program providers.
"Cohort" means the set of individuals who matriculate into a program or exit a program in the same year.
"Credentialed observer" means an individual, not always the supervisor of the teacher, who has successfully completed Delaware Teacher Growth and Support System (DTGSS) credentialing in accordance with Section 10.0 of 14 DE Admin. Code 106A. Credentialed observer means any individual who may conduct observations as part of a teacher's appraisal process. The term credentialed observer encompasses those Leaders who are responsible for a teacher's summative evaluation.
"Department" means the Delaware Department of Education.
"Exit" means completion of a program by a participant.
"Leader" means an individual who seeks or holds 1 or more of the following Standard Certificates: School Principal and Assistant School Principal Standard Certificate (14 DE Admin. Code 1591), Certified Central Office Personnel (14 DE Admin. Code 1592), Superintendent or Assistant Superintendent Standard Certificate (14 DE Admin. Code 1593), Special Education Director (14 DE Admin. Code 1594), and Charter School Leader (14 DE Admin. Code 1596).
"Participant" means an individual enrolled and participating in an ARTC program who is preparing for or serving in a position as an educator in schools that serve students in preschool through grade 12.
"Provider" means an individual, public or private educational association, corporation, or institution that seeks approval to operate or is approved by the Department to operate an ARTC program in the State.
"Specialized professional association" or "SPA" means a national organization of teachers, professional education faculty, and other school professionals with expertise in a specific content area, developmental level, or professional roles that has developed standards for preparing educators in their respective roles.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-3.0** Prior Approval from the Department Required to Offer ARTC Programs {#sec-291-3.0 omnilex-key=us-de-regs-official--title-14--291-3.0}
3.1 Pursuant to 14 Del.C. §122(b)(22), an individual, public or private educational association, corporation, or institution, including any college, university, or other postsecondary institution authorized to operate in this State, shall not offer an ARTC program in this State without having first procured the approval of the Department for the offering of such a program.
3.2 The Department shall not issue an Initial, Continuing, or Advanced License or a Standard Certificate to an applicant who completes an ARTC program for which the Department's approval is required but the institution failed to procure such approval.
3.3 Operation of an ARTC program in the State that is not approved by the Department may result in action by the Department, the Department of Justice, or both as provided in 14 Del.C. §§185-194.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-4.0** ARTC Program Requirements {#sec-291-4.0 omnilex-key=us-de-regs-official--title-14--291-4.0}
4.1 In order to be approved by the Department, an ARTC program shall complete the process in Section 5.0 and meet the applicable requirements set forth in subsections 4.2 through 4.4, State requirements, and, where applicable, national standards appropriate to the program.
4.2 ARTC programs for teachers shall meet the requirements of subsections 4.2.1 and 4.2.2.
4.2.1 The ARTC program shall provide a period of intensive on-the-job supervision.
4.2.1.1 Teachers who are hired as a teacher of record prior to March 1 of any school year shall be observed by a credentialed observer in accordance with 14 DE Admin. Code 106A and receive a formal written progress report before the end of a 10-week period beginning on the first day the teacher assumes full responsibility of the classroom. In addition, teachers shall be observed formally and evaluated by a credentialed observer in accordance with 14 DE Admin. Code 106A.
4.2.1.1.1 No more than 2 months shall pass without a formal observation.
4.2.1.1.2 Opportunities shall be provided for the teacher to observe the teaching of experienced colleagues.
4.2.1.2 Teachers who are hired as a teacher of record after March 1 of any school year shall be observed by a credentialed observer in accordance with 14 DE Admin. Code 106A.
4.2.2 ARTC programs shall provide a period of professional development prior to the teacher assuming full responsibility of the classroom.
4.2.2.1 The program shall offer a summer institute of no less than 120 instructional clock hours completed by the participant prior to the beginning of the participant's teaching assignment.
4.2.2.2 The summer institute shall include an orientation to the policies, organization, and curriculum of the employing school district or charter school, instructional strategies and classroom management, and child or adolescent development.
4.2.2.3 Participants who are employed too late to participate in the summer institute shall complete the practicum experience and seminars on teaching during the first school year and shall participate in the summer institute following their first year of teaching.
4.2.3 Programs in content areas shall maintain CAEP accreditation.
4.3 Pursuant to 14 Del.C. §1266, ARTC programs for teachers of students with disabilities shall meet the requirements of subsections 4.3.1 through 4.3.4.
4.3.1 The program shall deliver high quality professional development that is sustained, intensive, and classroom-focused. A participant who seeks initial certification through participation in an ARTC program and is hired after July 1 of a school year shall fulfill the 120 hour seminar/practicum requirement prior to the start of the following school year.
4.3.2 The program shall work with local education agencies (LEAs) to ensure participants receive intensive supervision that consists of structured guidance, regular ongoing support, or teacher mentoring. The program shall observe and provide feedback at least 3 times in the first year.
4.3.3 The program shall require completion of the program within 3 years from the beginning of a participant's participation in the program.
4.3.4 The program shall require teachers to demonstrate satisfactory progress toward standard certification.
4.4 ARTC programs for leaders shall meet the requirements of subsections 4.4.1 through 4.4.5.
4.4.1 The program shall include a minimum of 18 graduate level credit hours or the equivalent in professional development, aligned with state standards and focused on the responsibilities for which the certification program is designed.
4.4.2 The program shall include a minimum of 240 hours of a residency, internship, or clinical experience, under the mentorship of a currently employed and accomplished or distinguished leader in the role as provided in 14 DE Admin. Code 108A, for which the program is certifying. The leader shall hold 1 or more of the Standard Certificates for administrators and have received training within the program to fulfill the mentor role.
4.4.3 The program shall include an additional 20 hours of coaching following employment in the certified area.
4.4.4 The program shall include training and successful certification in the Delaware Teacher Growth and Support System (DTGSS) and Delaware Performance Appraisal System (DPAS II).
4.4.4.1 For all administrator certification programs, training and certification in DTGSS for teachers and DPAS II for specialists shall be completed during the program or at the time of certification.
4.4.4.2 For programs for the Certified Central Office Personnel (14 DE Admin. Code 1592), Superintendent or Assistant Superintendent Standard Certificate (14 DE Admin. Code 1593), Special Education Director Standard Certificate (14 DE Admin. Code 1594), and Charter School Leader (14 DE Admin. Code 1596), participants shall complete training and certification DPAS II for administrators during the program or at the time of certification.
4.4.5 The program shall include an evaluation process that includes evaluation of the participant for competency and evaluation of the program effectiveness, including the clinical placements, mentors, and the program's coursework or professional development.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-5.0** Requirements for Participants {#sec-291-5.0 omnilex-key=us-de-regs-official--title-14--291-5.0}
5.1 The requirements for participants of ARTC programs for teachers are set forth in 14 Del.C. §1263.
5.2 An ARTC program for leaders shall recommend individual participants to the Department for the appropriate Standard Certificate based on the criteria set forth in the approved program application and applicable regulation.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-6.0** ARTC Program Approval Process {#sec-291-6.0 omnilex-key=us-de-regs-official--title-14--291-6.0}
6.1 Providers must apply for new program approval to the Administrator in a format and timeline determined by the Department as provided in subsections 6.1.1 through 6.1.4.
6.1.1 If the program is in a content area and seeks SPA recognition, the program shall submit an application to the Administrator and documentation of seeking SPA recognition.
6.1.2 If the program is in a content area and seeks Department approval, the program shall notify the Department of its intent to initiate the review process at least 6 months before approval is required. In addition, at least 90 days before approval is required the provider shall submit the application to the Administrator. The application shall include all of the information provided in subsections 6.1.2.1 through 6.1.2.9.
6.1.2.1 A description of the program for which approval is sought and other administrative information, including the plan for implementing Department-mandated program components as provided in Section 4.0. The description shall include a detailed description and outline of the proposed program content and coursework and of the alignment with content standards.
6.1.2.2 Identification of the certifications the program will address.
6.1.2.3 Justification for the new program.
6.1.2.4 A needs assessment demonstrating the demand for such program graduates in the employment market and demand by potential participant.
6.1.2.5 The curriculum for the program, including finalized syllabi for any new courses.
6.1.2.6 Descriptions of the expected outcomes of the programs and of how those outcomes will be assessed.
6.1.2.7 Vitae for all faculty delivering instruction in or administering the program.
6.1.2.8 Descriptions of materials, media and resources available for the program, and how technology is integrated into the curriculum or program.
6.1.2.9 A description of how the program is aligned to applicable content and pedagogy standards.
6.1.3 If the program is in a content area and seeks CAEP Evidence Review of Standard 1 shall submit an application to the Administrator and documentation of the CAEP Evidence Review of Standard 1.
6.1.4 If the program is not in a content area, is for teachers of students with disabilities, or is for leaders, the program shall notify the Department of its intent to initiate the review process at least 6 months before approval is required. In addition, at least 90 days before approval is required the provider shall submit the application to the Administrator. The application shall include all of the information provided in subsections 6.1.4.1 through 6.1.4.9.
6.1.4.1 A description of the program for which approval is sought and other administrative information, including the plan for implementing Department-mandated program components as provided in Section 4.0. The description shall include a detailed description and outline of the proposed program content and coursework and of the alignment with content standards.
6.1.4.2 Identification of the certifications the program will address.
6.1.4.3 Justification for the new program.
6.1.4.4 A needs assessment demonstrating the demand for such program graduates in the employment market and demand by potential participants.
6.1.4.5 The curriculum for the program, including finalized syllabi for any new courses.
6.1.4.6 Descriptions of the expected outcomes of the programs and of how those outcomes will be assessed.
6.1.4.7 Vitae for all faculty delivering instruction in or administering the program.
6.1.4.8 Descriptions of materials, media and resources available for the program, and how technology is integrated into the curriculum or program.
6.1.4.9 A description of how the program is aligned to applicable content and pedagogy standards.
6.2 Review of applications submitted pursuant to subsection 6.1.1 or 6.1.4.
6.2.1 Upon completion of the application review, the Department will appoint individuals to review the application as a team and the review team shall complete a report on the proposed program.
6.2.1.1 Applications shall be reviewed by a Department review team, which shall consist of at least 2 members including the Administrator or the Administrator's designee, 1 of whom shall be the chair. The provider shall be notified as to the members chosen for the review.
6.2.1.2 Experts in the content of the proposed program shall be included on the review team. The Department may select members of the review team from outside the Department if a content expert in the field of the proposed program is not available within the Department.
6.2.1.3 If those initially selected are unable to serve, substitute members may be selected and the provider shall be notified of the substitute members.
6.2.1.4 Prior to participating in the review, review team members shall receive training by the Department in the procedure for review of program proposals and timelines for proposal review.
6.2.2 The review team's report will contain the Department's determination of approval or disapproval of the proposed program.
6.2.3 The Administrator shall provide a copy of the report to the provider. Providers shall have 30 calendar days after Departmental provision of the report to submit a response in writing pointing out any perceived factual errors and providing any available documentation to support those claims.
6.2.4 The Administrator shall review a provider's response and may amend the report.
6.3 Review of applications and documentation submitted pursuant to subsection 6.1.1 or 6.1.3. The Department will review submitted applications and documents and provide approval of the program or rejection of the proposal, notifying representatives of the provider.
6.4 Programs that have been approved under subsection 6.2 or 6.3 will be given provisional approval for 1 year if the application meets standards set forth in subsections 6.4.1 through 6.4.9. For the purpose of this regulation, provisional approval means the provider is authorized to proceed with the program identified in the application, and to admit the first cohort of participants to the program.
6.4.1 The program shall have a comprehensive curriculum that aligns with the standards and requirements set forth by the State for educator preparation. The curriculum content shall cover essential areas, such as pedagogy, subject matter knowledge, instructional strategies, assessment techniques, and classroom management.
6.4.2 The program's instructors shall possess appropriate qualifications and expertise in their respective fields. They shall demonstrate proficiency in teaching methodologies and instructional practices.
6.4.3 The program shall include practical, hands-on field experiences in educational settings, such as student teaching, practicum, or internship placements. The program shall provide opportunities for students to engage in meaningful and supervised clinical experiences in authentic settings. Field experiences shall provide opportunities for candidates to apply theoretical knowledge in real-world teaching environments.
6.4.4 The program shall provide comprehensive preparation for the responsibilities and challenges of teaching in the relevant subject area and grade level.
6.4.5 The program shall demonstrate a commitment to ongoing evaluation and improvement, utilizing data-driven processes to assess student outcomes, program effectiveness, and overall quality.
6.4.6 The program shall maintain transparency in its operations, providing clear information to stakeholders regarding program requirements, expectations, policies, and outcomes.
6.4.7 The program shall uphold ethical standards in all aspects of its operation, including recruitment, admissions, instruction, assessment, and support services.
6.4.8 The program shall maintain financial stability to ensure its long-term viability and ability to fulfill its commitments to students, faculty, and other stakeholders.
6.4.9 The program shall comply with all applicable laws, regulations, and statutes governing educator preparation, including those outlined in 14 Del.C. §§185 - 194.
6.5 Upon receipt and review of the first annual report aligned with the requirements stated in Sections 4.0 and 8.0, the Department may extend provisional approval for up to 4 additional years. Programs on provisional approval shall be required to comply with all data reporting requirements in Section 8.0 and any additional data as required by the Department.
6.6 Full (non-provisional) program approval may be granted after the submission and approval of data and reporting as provided in Section 8.0 for the first cohort to exit the program.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-7.0** Modifications after Program Approval {#sec-291-7.0 omnilex-key=us-de-regs-official--title-14--291-7.0}
7.1 After an ARTC program is fully approved by the Department, the provider shall obtain the Department's prior approval for the modifications set forth in subsections 7.1.1 through 7.1.6.
7.1.1 To change the program's name.
7.1.2 To change the program's terminal degree.
7.1.3 To combine 2 or more programs.
7.1.4 To change portions of the program.
7.1.5 To change the program's curriculum, such as adding or removing courses.
7.1.6 To change the program's overall credit hours.
7.2 In order to obtain the Department's approval of a modification, the provider shall submit an application to the Administrator. Programs in content areas shall also submit proof of maintaining CAEP accreditation.
7.3 A provider shall not modify a program until the provider has obtained the Department's approval for the modification or modifications.
7.4 A provider's failure to obtain the Department's prior approval for modifications may result in revocation of the program's full approval.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-8.0** Program Review and Reporting {#sec-291-8.0 omnilex-key=us-de-regs-official--title-14--291-8.0}
8.1 Compliance with program requirements
8.1.1 For programs in content areas, providers shall be required to submit the CAEP annual report to CAEP and provide the Department with timely communication and materials regarding the formal CAEP approval and, where applicable, SPA recognition review processes.
8.1.2 Providers shall submit data and reports annually demonstrating each program's compliance with requirements outlined in Section 4.0, in a format determined by the Department. These reports shall include documentation of compliance with the following measures:
8.1.2.1 Entrance requirements, including documentation of the admission requirements by which members of the cohort were accepted;
8.1.2.2 Requirements for clinical experiences, including documentation certifying placements with high quality cooperating educators and high quality clinical supervisors;
8.1.2.3 Instruction and content requirements;
8.1.2.4 Exit requirements, including candidate passage rates on content exams or compliance with 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge, assessment of pedagogical skills, the rate of participant exit of the program, and documentation of participants who do not exit the program;
8.1.2.5 Participant evaluation requirements, including documentation of evaluation processes and remediation policies, as defined by the program.
8.1.2.6 Notwithstanding the requirement to submit data and reports annually in subsection 8.1.3, ARTC programs for teachers of students with disabilities shall report on the progress of participants, which may be modified by the Department. Reports shall be submitted no later than January 15 and June 15 of each year.
8.1.3 Providers shall compile and report data for each graduating cohort and for the most recent 5 years of program cohorts on a selection of metrics by the Department. Metrics may include:
8.1.3.1 Program completion, including number and demographics of completers and non-completers.
8.1.3.2 Post-graduate employment in Delaware schools by subject-area, grade-level, and local education agency (LEA) employer, including placement in high-needs schools and subjects.
8.1.3.3 Performance including pass rates and cut scores on performance assessments required by the program and content-exams, average applicable State-approved educator evaluation system ratings, including student improvement component, and measures of employer or supervisor satisfaction with job performance.
8.1.3.4 Retention within the program and as an educator each year.
8.1.4 The Department may conduct monitoring or an interim review of an approved program.
8.1.5 Programs in content areas are subject to full CAEP review at the request of the Department.
8.2 Data compilation and review
8.2.1 The Department will review all data, reports and outcomes provided in subsection 8.1 and create and publish program reports for each program.
8.2.2 The program report will include:
8.2.2.1 Relevant metrics as provided in subsection 8.1.
8.2.2.2 Ratings based on analysis of all required data points and information.
8.2.2.3 The process, standards, and methodologies for each rating are determined by the Department.
8.2.3 The Department will compile program level reports with annual data for programs for annual cohorts of 10 or more participants. For programs with cohorts of fewer than 10 participants, the Department will compile reports using up to the most recent 5 years of data, if this provides a cumulative cohort of at least 10 graduates. Programs with cohorts of fewer than 10 participants may report an overall rating but not report any specific metrics that violate the privacy of individuals.
8.2.4 Department reports will be provided to the program prior to being released to the public.
8.2.4.1 Programs shall have 30 calendar days after the Department provides the report to submit a response in writing pointing out any perceived factual errors, and to provide any documentation to support those claims.
8.2.4.2 The Administrator shall review a program's response and may amend the report.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-9.0** Oversight and Revocation {#sec-291-9.0 omnilex-key=us-de-regs-official--title-14--291-9.0}
9.1 Review
9.1.1 The Department will regularly review program outcomes every 2 years.
9.1.2 Programs which meet the requirements and standards on the Department report are approved by the Department as a Tier 1 or Tier 2.
9.1.3 Programs which fail to meet the requirements and standards addressed in Section 7.0 shall be placed on probation as a Tier 3 or Tier 4.
9.2 Probation
9.2.1 Following the process provided in Section 8.0, if the approved program fails to meet the standards and benchmarks, reporting, or compliance requirements set forth by this regulation, it shall be placed on probation.
9.2.2 Programs which are deemed non-compliant with requirements for program approval as provided in Section 4.0, which do not comply with data sharing pursuant to Section 8.0, or whose CAEP accreditation or SPA recognition is revoked or expires may be placed on probation status or face revocation of the Department's approval.
9.2.3 Programs may continue to accept participants for entry while on the first probation cycle.
9.2.4 Probation shall last 2 years or until the next program review cycle unless, via annual reporting requirements, the program provides evidence to substantiate meeting full program approval, as decided by the Department. If a program provides such evidence, it may be removed from probation after 1 year.
9.2.5 Within 30 days of the notification to the program that its probation is renewed for a second 2-year cycle, the provider shall notify each participant individually in writing of the probation of program approval and provide documentation of the notification to the Department.
9.2.6 While a program is on probation, it must continue to provide all annual reporting.
9.2.7 The Department will monitor program progress towards meeting the goals for the program cited by the Department throughout the probationary period, including review of required data reports and monitoring visits.
9.2.8 If, after the first 2-year probation cycle, a program is deemed by the Department to have not made satisfactory progress toward meeting program standards, reporting, and compliance requirements as set forth in this regulation, its approval may be revoked. For the purpose of this regulation, "satisfactory progress" means a participant is on track to satisfy all program requirements within the required timeframe.
9.2.9 Probation may be renewed after the first 2-year probation cycle has been completed if the program is deemed to be making satisfactory progress. However, no new participants may enter the program during this time. Within 30 days of the notification to the program that its probation is renewed for a second 2-year cycle, the program must notify each participant individually in writing of its probationary status and provide documentation of the notification to the Department.
9.2.10 Programs that fail to meet the standards for approval after 4 years on probation will have approval revoked.
9.3 Revocation
9.3.1 If a program fails to meet the standards, reporting, or compliance requirements set forth by this regulation, and the program is not on probation, its approval shall be revoked.
9.3.2 The Department will make the final determination regarding revocation of the Department's approval.
9.3.3 If, upon review of a program, the Department decides that it will move to revoke program approval, the Department will notify the program in writing.
9.3.4 Upon provision of such notification, program approval is considered revoked. The program shall not recruit or accept new participants. Participants enrolled in the program who have accumulated enough credits to be on track for graduation within the current academic year may be deemed as having completed the program.
9.3.5 An individual, public or private educational association, corporation, or institution must wait 2 years after the program has been revoked before it can apply to the Department for approval of a program that is substantially the same as the program that was revoked.
9.4 Appeal
9.4.1 A program subject to a decision of revocation may file a petition with the Department for review of that decision not later than 30 calendar days after the notice of revocation has been provided.
9.4.2 The petition for review of revocation decision shall include a short statement explaining the rationale for contesting the decision. The petition shall be accompanied by a statement of position and evidence supporting the rationale.
9.4.3 The Department shall review the materials submitted by the program, including written statements of position, documents, and comments supporting the claims.
9.4.4 The Department, after considering the evidence presented and the arguments made by the petitioner, shall make a decision and inform the petitioner in writing of that decision within 60 working days of receipt of the materials. The decision of the Department is final.
**History**
- *28 DE Reg. 114 (08/01/24)*
##### **14 Del. Admin. Code § 291-10.0** Contact Information and Change of Name or Address {#sec-291-10.0 omnilex-key=us-de-regs-official--title-14--291-10.0}
10.1 All providers are required to update their contact information if their contact information changes by notifying the Administrator in writing.
10.2 A provider whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *28 DE Reg. 114 (08/01/24)*
### **292** Postsecondary Institutions
##### **14 Del. Admin. Code § 292-1.0** Applicability {#sec-292-1.0 omnilex-key=us-de-regs-official--title-14--292-1.0}
1.1 Pursuant to 14 Del.C. §§121(a)(16), 122(b)(8), and 194, this regulation applies to Postsecondary Institutions and sets forth the requirements for the issuance, renewal, and revocation of a Certificate of Approval to operate in Delaware. In addition, pursuant to 8 Del.C. §125, this regulation sets forth the requirements for obtaining the Department's approval to confer degrees.
1.2 This regulation shall not apply to postsecondary institutions in Delaware that are established by law (Delaware State University, Delaware Technical and Community College, and University of Delaware).
1.3 This regulation shall not apply to private business and trade schools, as defined in 14 Del.C. §8501(2), to the extent they do not offer Degrees and are governed by 14 Del.C. Ch. 85, or to the institutions specified in 14 Del.C. Parts II, III, and VI.
1.4 A separate approval process is required for educator preparation programs. Institutions that seek to offer or are offering educator preparation programs shall follow the requirements set forth in 14 DE Admin. Code 290 Approval of Educator Preparation Programs.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-2.0** Definitions {#sec-292-2.0 omnilex-key=us-de-regs-official--title-14--292-2.0}
The words and terms, when used in this regulation, shall have the following meaning:
“Accrediting Agency” means a nationally recognized or specialized accrediting agency that is recognized by the United States Secretary of Education as a reliable authority concerning the quality of education or training offered by postsecondary institutions or programs the agency accredits.
“Application Form” means the appropriate form created by the Department to request approval or renewal as an Institution of Higher Education.
"Certificate of Approval" means the certificate issued by the Department that authorizes a Postsecondary Institution to operate.
“Degree” means, although not limited to, any academic credential or designation not less than, but including associate, bachelor, master, doctor, or fellow, whether earned or honorary, which signifies, purports, or is generally taken to signify partial or satisfactory completion of the requirements of an academic, occupational, business, or other Program of study beyond the secondary school level.
“Degree Granting Authority” means approval from the Department to confer Degrees.
“Department” means the Delaware Department of Education.
“Full Approval” means the third level of Degree Granting Authority status granted by the Department.
"Postsecondary Institution" means a person, as defined in 1 Del.C. §302, that offers postsecondary courses, postsecondary programs of courses, or postsecondary programs that lead to a certificate or degree in the State.
“Program” or “Program of Courses” means the specific sequence of courses and experiences required by an Institution. Program includes an organized unit of subject matter in which instruction is offered within a given time and for which credit is given toward completion of training toward a predetermined occupational or academic credential.
“Provisional Approval” means the second level of Degree Granting Authority status granted by the Department.
“Recognized Applicant” means the initial level of Degree Granting Authority status granted by the Department.
“Secretary” means the Secretary of the Delaware Department of Education or designee.
“Surety Bond” means a written agreement between an Institution and a bond company that is secured by the Institution in an amount sufficient for the protection of the tuition and fees paid by enrolled students.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-3.0** Issuance and Renewal of a Certificate of Approval {#sec-292-3.0 omnilex-key=us-de-regs-official--title-14--292-3.0}
3.1 Pursuant to 14 Del.C. §185(a), no person may operate a Postsecondary Institution without having obtained a Certificate of Approval issued by the Department.
3.2 In order for the Department to issue or renew a Certificate of Approval, an applicant must:
3.2.1 Have the power to confer degrees from another state or territory or obtain Degree Granting Authority from the Department as provided in Section 5.0;
3.2.2 Meet all of the statutory requirements in 14 Del.C. §§185-194;
3.2.3 Meet all of the requirements in this regulation; and
3.2.4 Pay the application fee specified in subsection 6.3.
3.3 Notwithstanding subsection 3.2, the Department may issue a Certificate of Approval to an applicant who has the power to confer degrees from another state or territory and meets the requirements of a reciprocity agreement to which the Department is a party.
3.4 A Certificate of Approval is issued for a 5-year period.
3.5 Once a Certificate of Approval is issued, the Postsecondary Institution shall:
3.5.1 Display the certificate on its website and make the certificate available to students upon request;
3.5.2 Be restricted to the courses, programs of courses, and programs that lead to a certificate or degree that are specified in its application for the certificate;
3.5.3 Submit a supplemental application to the Department for approval of any additional courses, programs of courses, or programs that lead to a certificate or degree it desires to offer during the effective period of the Certificate of Approval; and
3.5.4 Submit an application for renewal prior to the Certificate of Approval's expiration date. If the application for renewal is approved, the Certificate of Approval will be issued for another 5-year period.
3.6 A Certificate of Approval is not transferrable.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-4.0** Criteria for Issuance and Renewal of a Certificate of Approval {#sec-292-4.0 omnilex-key=us-de-regs-official--title-14--292-4.0}
4.1 Pursuant to 14 Del.C. §187(e), all Postsecondary Institutions shall meet the following criteria:
4.1.1 The Postsecondary Institution shall have a clearly defined mission with goals and objectives that are consistent with the purposes of higher education and related to the courses, Programs of Courses, or Degrees the Institution proposes to offer or has received Department approval to offer in Delaware.
4.1.2 The Postsecondary Institution shall be financially sound and have adequate financial resources to show that the Institution possesses sufficient liquid assets to provide timely refunds, pay expenses, and maintain continuity of operation.
4.1.2.1 The adequacy of a Postsecondary Institution’s financial resources shall be judged in relation to the Institution’s mission, the scope of its Programs, and the number of anticipated or current students.
4.1.2.2 For Postsecondary Institutions applying for Recognized Applicant status, evidence of sufficient liquid assets may be in cash or other assets that may be readily converted into cash to buy goods and services or to satisfy obligations in an amount equal to start-up costs, expenses and projected tuition income for the first term of enrollment.
4.1.3 The Postsecondary Institution shall maintain adequate financial records and exercise proper management, financial controls, and business practices.
4.1.3.1 The Institution shall submit financial statements that are prepared by an independent, certified public accountant that contain the Institution’s:
4.1.3.1.1 Sources of income;
4.1.3.1.2 Categories of expenditure;
4.1.3.1.3 Profit or nonprofit status;
4.1.3.1.4 Nature and amount of indebtedness (if any), including how indebtedness was incurred;
4.1.3.1.5 Amortization schedule; and
4.1.3.1.6 Five-year financial projection.
4.1.3.2 The Postsecondary Institution shall provide a copy of any audited financial statement that it was required to submit to the United States Department of Education.
4.1.4 The Postsecondary Institution shall present evidence demonstrating the educational need to establish operations, offer Degrees, Programs or Programs of Courses in question in the State.
4.1.4.1 The Postsecondary Institution shall demonstrate that the proposed Degrees, Programs, or Programs of Courses for which the Institution is making application meet a critical and compelling need in the State.
4.1.4.2 The Postsecondary Institution shall present data projecting market demand and the availability of openings in the job market to be served by the new Degrees, Programs, or Programs of Courses for which the Postsecondary Institution is completing an application.
4.1.5 The Postsecondary Institution shall adopt standards for accounting and financial reporting that adhere to the widely accepted standards published by the National Association of College and University Business Officers (NACUBO). The standards shall account for federal and state monies, as well as other sources of income and expenditures.
4.1.6 The Postsecondary Institution’s business and financial management shall be under the direction of a qualified and bonded business officer charged with the preparation and supervision of the budget in accordance with sound financial and educational practices.
4.1.7 The Postsecondary Institution shall have insurance in an amount sufficient to maintain the Institution’s solvency in case of loss by fire or other causes, to protect the Institution in liability matters, and to assure the Postsecondary Institution’s continuity of operation.
4.1.8 In order to maintain approval the Postsecondary Institution shall maintain a Surety Bond or show proof of designated funds and assets sufficient to cover the tuition and fees paid by enrolled students in the event of sudden school closure. Notwithstanding the foregoing requirement, if the Postsecondary Institution seeks to obtain Degree Granting Authority from the Department, the Postsecondary Institution shall maintain a Surety Bond to cover the tuition and fees paid by enrolled students in the event of sudden school closure in order for the Postsecondary Institution to be granted and maintain Recognized Applicant status and Provisional Approval status. Once the Postsecondary Institution obtains Full Approval status, the Postsecondary Institution shall maintain a Surety Bond or show proof of designated funds and assets sufficient to cover the tuition and fees paid by enrolled students in the event of sudden school closure. All Postsecondary Institutions shall secure the transmission of all student materials as per 14 Del.C. §192.
4.1.9 The Postsecondary Institution shall have achieved candidacy status or the equivalent standing from an Accrediting Agency or a nationally recognized Accrediting Agency or shall be accredited as follows:
4.1.9.1 A Postsecondary Institution shall gain applicant or candidate for accreditation status and, ultimately, accreditation from an Accrediting Agency.
4.1.9.2 The Accrediting Agency must be appropriate to the Institution’s mission, goals, and objectives.
4.1.9.3 The Postsecondary Institution must meet the Accrediting Agency’s requirements within a reasonable period of time as determined by the Department.
4.1.10 The Postsecondary Institution’s organizational pattern shall be related to its stated goals and the Postsecondary Institution shall operate under an administrative structure that effectively accomplishes the Postsecondary Institution’s stated objectives.
4.1.11 The Postsecondary Institution shall provide appropriate student services.
4.1.12 The Postsecondary Institution shall admit, retain, and graduate only those students who meet quantitatively and qualitatively creditable standards of achievement appropriate to the Postsecondary Institution.
4.1.13 The Postsecondary Institution shall maintain a credentialed faculty, a Program of instruction, facilities, and resources that are regularly evaluated and are adequate to the attainment of educational quality and satisfactory realization of the Postsecondary Institution’s mission and goals.
4.1.14 The Postsecondary Institution shall ensure that students have access to sufficient learning resources, including a library with a collection, staff, services, equipment, and facilities that are appropriate to the Postsecondary Institution’s mission, goals, and objectives.
4.1.15 The Postsecondary Institution shall publish a catalog that gives an accurate description of the Institution’s policies, Degree requirements, and Program and course descriptions and is provided to each student prior to enrollment.
4.1.16 The Postsecondary Institution shall comply with all federal, state, and local laws and regulations.
4.1.17 If a Postsecondary Institution intends to offer Degrees, programs or program of courses that lead to professional licensure, the Postsecondary Institution shall demonstrate compliance with the appropriate state licensing agency (such as but not limited to the Division of Professional Regulation or the Department).
4.1.18 If a Postsecondary Institution provides or intends to provide online instruction, the Institution shall demonstrate compliance with the Interregional Guidelines for the Evaluation of Distance Education published by the Council of Regional Accrediting Commissions (C-RAC) or 21st Century Distance Education Guidelines published by the National Center for Higher Education Management Systems (NCHEMS).
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-5.0** Application and Renewal Process for Degree Granting Authority from the Department {#sec-292-5.0 omnilex-key=us-de-regs-official--title-14--292-5.0}
5.1 Postsecondary Institutions incorporating or already incorporated in Delaware may be granted 1 of 3 levels of approval of Degree Granting Authority: Recognized Applicant; Provisional Approval; or Full Approval; or the Department may deny the application as provided in subsection 5.6.
5.2 A Postsecondary Institution that is located outside of the United States and its territories may be considered for Degree Granting Authority only upon accreditation from an Accrediting Agency.
5.3 Applying for and Renewal of Recognized Applicant Status
5.3.1 Recognized Applicant Status. An Institution with Recognized Applicant status may offer the Programs and Degrees specified in the letter referenced in subsection 5.3.2 and may incorporate in Delaware but shall not have the power to confer Degrees under 8 Del.C. §125.
5.3.2 Application for Recognized Applicant Status
5.3.2.1 Postsecondary Institutions shall submit an Application Form containing a description of its purposes and objectives, administrative organization, financial administration, student support services, admission policies and procedures, faculty, programs and courses, graduation requirements, facilities, library, education resources, instructional technology, and assessment of student learning. Institutions of Higher Education must also submit copies of its most recently published documents including course catalogs and any additional information requested on the Application Form or by the Department. Postsecondary Institutions that hold accreditation from an Accrediting Agency can satisfy this requirement through a copy of the most recent accreditation approval and an authorized letter from the Accrediting Agency confirming that these criteria were evaluated and approved during the most recent review.
5.3.2.2 If the Department determines that, based on all the documentation provided, the Postsecondary Institution appears to meet, or shows promise of meeting, a significant portion of the criteria in Section 4.0 of this regulation, the Postsecondary Institution may be granted Recognized Applicant status. The Department will issue a letter indicating that the Postsecondary Institution has been granted a status of Recognized Applicant.
5.3.3 Renewal of Recognized Applicant Status
5.3.3.1 Recognized Applicant status may be issued for 1 year.
5.3.3.2 Renewal of Recognized Applicant status is dependent upon the Postsecondary Institution demonstrating it continues to meet the requirements of this regulation and intends to seek accreditation from an Accrediting Agency or, if applicable, continues to maintain accreditation from an Accrediting Agency.
5.3.3.3 If the Department determines that the Postsecondary Institution continues to meet the requirements of this regulation and is making satisfactory progress towards the next level of recognition, Recognized Applicant status may be renewed.
5.3.4 Required Reporting to Maintain Recognized Applicant Status. Once a Postsecondary Institution has been granted Recognized Applicant status, the Postsecondary Institution shall keep the Department informed of any changes since its most recent approval, including but not limited to the names and addresses of those responsible for directing the Programs from the parent campus, names and credentials of instructors, and the locations of all sites in Delaware where instruction is offered.
5.3.5 Required Student Notification to Maintain Recognized Applicant Status
5.3.5.1 The Postsecondary Institution shall notify students individually, in writing, upon application and admission, that it does not have Degree Granting Authority.
5.3.5.2 The Postsecondary Institution shall notify students individually, in writing, near the end of the first school year of their approval period that it does not have Degree Granting Authority. The Postsecondary Institution shall provide such notification annually thereafter until Provisional Approval status is achieved.
5.3.5.3 The Postsecondary Institution shall notify students individually, in writing, if the Postsecondary Institution's Recognized Applicant status is terminated.
5.4 Applying for and Renewal of Provisional Approval Status
5.4.1 Provisional Approval Status
5.4.1.1 A Postsecondary Institution with Provisional Approval status may offer the Programs and Degrees specified in the letter under subsection 5.4.2.1 of this regulation and may confer Degrees under 8 Del.C. §125.
5.4.1.2 In order to have the power to confer Degrees:
5.4.1.2.1 A Postsecondary Institution that is not already incorporated in Delaware shall file a certificate of incorporation with the Delaware Secretary of State that provides the Postsecondary Institution with the power to confer Degrees and that has the Department's approval endorsed thereon as required by 8 Del.C. §125.
5.4.1.2.2 A Postsecondary Institution that is already incorporated in Delaware shall file an amendment to its certificate of incorporation with the Delaware Secretary of State that provides the Postsecondary Institution with the power to confer Degrees and that has the Department's approval endorsed thereon as required by 8 Del.C. §125.
5.4.2 Application for Provisional Approval Status
5.4.2.1 A Postsecondary Institution may request to advance to the next level of approval at the end of the first year of Recognized Applicant status and at the time that it submits a progress report, provided that it includes a notarized letter that the Postsecondary Institution has submitted or intends to submit the application for accreditation from an Accrediting Agency within 90 days of receiving Provisional Approval status.
5.4.2.2 The progress report shall include an update on progress toward meeting required standards and progress towards accreditation. It shall also include progress on approval for state licensing for all applicable programs.
5.4.2.3 If the Department determines that, based on all the information provided, the Postsecondary Institution appears to meet a significant portion of the criteria as stated in this regulation and continues to successfully address the Accrediting Agency's requirements towards Full Accreditation, the Postsecondary Institution may be granted Provisional Approval status. The Department will issue a letter indicating that the Postsecondary Institution has been granted a status of Provisional Approval.
5.4.2.4 Those Postsecondary Institutions required to remain on Recognized Applicant status shall be informed of the changes and improvements necessary to be eligible for Provisional Approval status. There is no guarantee that a Postsecondary Institution with Recognized Applicant status will be granted either Provisional or Full Approval status.
5.4.3 Renewal of Provisional Approval Status
5.4.3.1 Initial awarding of Provisional Approval status is valid for 1 year.
5.4.3.2 After the first year of Provisional Approval status, the Postsecondary Institution shall apply for renewal.
5.4.3.3 To apply for renewal, the Postsecondary Institution shall submit an Application Form, proof of application for accreditation status or new and updated accreditations, and a current course catalog. The Postsecondary Institution shall submit a progress report that shall include an update on progress toward meeting required standards and progress towards accreditation. It shall also include progress on approval for state licensing for all applicable programs. The progress report must be submitted 6 months prior to the expiration of its Provisional Approval status. The Application Form to request renewal must accompany the progress report. If the Department determines that the Postsecondary Institution continues to meet the requirements of this regulation and is making satisfactory progress towards the next level of recognition, Provisional Approval status may be renewed for a 3-year period.
5.4.3.3.1 The Department or the evaluation committee may make on-site visits to the Postsecondary Institution in order to verify the contents of the report and evaluate progress to date.
5.4.3.3.2 The Department or evaluation committee shall make recommendations for any changes necessary based on the progress report submitted that are required for consideration for Full Approval.
5.4.3.4 Provisional Approval and its requirements must be met by the Postsecondary Institution until such time as the Postsecondary Institution receives accreditation from an Accrediting Agency but for no more than 6 years from the date of the first renewal.
5.4.3.4.1 Upon receipt of accreditation, a Postsecondary Institution may apply to advance to the next status level of Full Approval.
5.4.3.4.2 A Postsecondary Institution that fails to receive accreditation within 6 years of the date of the first renewal shall have its Provisional Approval status terminated. The Department shall notify the Delaware Division of Corporations, in writing, that the Postsecondary Institution is no longer approved by the Department to confer Degrees. The Postsecondary Institution shall notify students in writing of the termination of Degree Granting Authority.
5.4.3.5 The Postsecondary Institution shall keep the Department informed of any changes since its most recent approval, including changes in its accreditation or state licensing approvals, the names and addresses of those responsible for directing Programs from the parent campus, and the locations of all sites in Delaware where instruction is offered.
5.5 Applying for and Renewal of Full Approval
5.5.1 Full Approval Status
5.5.1.1 A Postsecondary Institution receiving Provisional or Full Approval status may incorporate with the power to confer Degrees under 8 Del.C. §125. If the Postsecondary Institution has previously incorporated in Delaware without the power to confer Degrees, the Postsecondary Institution shall file an amendment to its certificate of incorporation with the Department's approval endorsed thereon in accordance with 8 Del.C. §125 in order to have the power to confer Degrees.
5.5.1.2 Full Approval status may be valid for up to 5 years unless terminated in accordance with this regulation. If the Department determines that the Postsecondary Institution continues to meet the requirements of this regulation, Full Approval status may be extended every 5 years.
5.5.2 Application for Full Approval Status
5.5.2.1 The Postsecondary Institution may request to advance to Full Approval status once accreditation has been awarded from an Accrediting Agency. At that time, the Postsecondary Institution shall also submit an Application Form, with required documents, indicating a request to advance to Full Approval status.
5.5.2.2 If the Department determines that, based on all the information provided, the Postsecondary Institution meets all standards stated in this regulation and accreditation status has been granted by an Accrediting Agency, the Postsecondary Institution may be granted Full Approval status. The Department will issue a memorandum indicating that the Postsecondary Institution has been granted this level of approval.
5.5.2.3 Those Postsecondary Institutions required to remain on Provisional Approval status shall be informed of the changes and improvements necessary to be eligible for Full Approval status. There is no guarantee that a Postsecondary Institution with Provisional Approval status will be given Full Approval.
5.5.3 Renewal of Full Approval Status
5.5.3.1 The Postsecondary Institution shall submit an Application Form with accompanying documents to request renewal no later than 6 months prior to the expiration of its current Full Approval status.
5.5.3.2 The Department or the evaluation committee may make an onsite visit to the Postsecondary Institution in order to verify the contents of the report and evaluate progress to date.
5.5.3.3 Postsecondary Institutions shall keep the Department informed of any changes since its most recent approval, including changes in its accreditation, state licensing approvals, the names and addresses of those responsible for directing Programs from the parent campus, and the locations of all sites in Delaware where instruction is offered.
5.6 When the Department proposes to deny a Postsecondary Institution's application for approval status, the Department shall first give written notice to the Postsecondary Institution of the reasons for denial and the opportunity for a hearing before the Secretary. The Postsecondary Institution shall be afforded at least 20 calendar days from the date the notice is mailed to request a hearing. If no written request for a hearing is received by the Secretary, the Postsecondary Institution's application is deemed denied as set forth in the notice and the Department shall notify the Postsecondary Institution the application is denied.
5.6.1 Any hearing before the Secretary shall be held within 90 calendar days of the date the Secretary receives a request for a hearing.
5.6.2 Notice of the hearing shall be given at least 20 calendar days before it is held.
5.6.3 The hearing shall be conducted by the Secretary or the Secretary's designee who shall prepare a proposed order for the Secretary's consideration.
5.6.4 The burden of proof shall be on the applicant to show by a preponderance of evidence that the applicant should not be denied approval status because the applicant meets the requirements for Recognized Applicant, Provisional, or Full Approval status.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-6.0** Application Requirements for a Certificate of Approval {#sec-292-6.0 omnilex-key=us-de-regs-official--title-14--292-6.0}
6.1 In accordance with 14 Del.C. §187, a Postsecondary Institution must submit a verified application for issuance or renewal of a Certificate of Approval that is signed under oath to the Department. In order for the application to be complete, the following information is required:
6.1.1 The name of the Postsecondary Institution and ownership and controlling officers' information;
6.1.2 The specific courses, programs of courses, or certificates or degrees that will be offered.
6.1.3 The facility or facilities where instruction will be given, including all websites, applications, or technology through which courses will be offered.
6.1.4 The educational and teaching qualifications of instructors and administrators.
6.1.5 The defined mission with goals and objectives.
6.1.6 The financial resources and records.
6.1.7 The need to establish operations in the State.
6.1.8 Insurance to maintain the Postsecondary Institution's solvency in case of loss by fire, fraud, or other causes to protect the Postsecondary Institution in liability matters, and to assure the Postsecondary Institution's continuity of operation.
6.1.9 Funding in the event of closure.
6.1.10 Accrediting agency.
6.1.11 Organizational pattern and administrative structure.
6.1.12 Student services.
6.1.13 Admission, retention, and graduation standards.
6.1.14 Evaluation of faculty, program, and facilities and resources.
6.1.15 Learning resources.
6.1.16 Catalog.
6.1.17 The address of the person's registered office and the name and address of the person's registered agent for service of process in the State.
6.1.18 The disclosure of any criminal history and violations of local, state, or federal law.
6.2 The application shall contain the commitments set forth in 14 Del.C. §187(b).
6.3 The Postsecondary Institution shall submit the application, all required documentation, and the applicable fee either electronically or in hard copy to the Department.
6.3.1 The application fee for issuance of a Certificate of Approval for Postsecondary Institutions that did not obtain Degree Granting Authority from the Department prior to the effective date of this regulation is $10,000.00 in the form of a check made payable to the Delaware Department of Education.
6.3.2 The application fee for renewal of a Certificate of Approval for Postsecondary Institutions that did not obtain Degree Granting Authority from the Department prior to the effective date of this regulation is $5,000.00 in the form of a check made payable to the Delaware Department of Education.
6.3.3 There is not an application fee for issuance or renewal of a Certificate of Approval for Postsecondary Institutions in Delaware that obtained Degree Granting Authority from the Department prior to the effective date of this regulation.
6.3.4 There is not an application fee for an applicant under subsection 3.3.
6.4 The Department or an evaluation team selected by the Department will review the complete application. As part of the review, the Department may require a meeting with the Board of Trustees or the administrative staff, or both, of the Postsecondary Institution.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-7.0** Denial of Application for Issuance or Renewal of a Certificate of Approval {#sec-292-7.0 omnilex-key=us-de-regs-official--title-14--292-7.0}
The Department may deny an application for the issuance or renewal of a Certificate of Approval as provided in 14 Del.C. §190.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-8.0** Revocation of a Certificate of Approval {#sec-292-8.0 omnilex-key=us-de-regs-official--title-14--292-8.0}
The Department may revoke a Certificate of Approval that has been issued or renewed as provided in 14 Del.C. §190.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-9.0** Termination of Degree Granting Authority Approval Status {#sec-292-9.0 omnilex-key=us-de-regs-official--title-14--292-9.0}
9.1 The following are causes for termination of approval for Recognized Applicant, Provisional Approval, or Full Approval status:
9.1.1 The Postsecondary Institution does not continue to meet the requirements of this regulation or is not making satisfactory progress towards the next level of recognition; or
9.1.2 The Postsecondary Institution fails to file a progress report; or
9.1.3 The Postsecondary Institution fails to keep the Department informed of changes; or
9.1.4 The Postsecondary Institution fails to request renewal of its status in the required time frame or request timely advancement to next status level; or
9.1.5 The Postsecondary Institution fails to maintain state licensing requirements for applicable offerings. If the Postsecondary Institution offers Degrees, programs or programs of courses that do not lead to professional licensure, the Department may modify the degree-granting authority to include only those programs in compliance with the standards.
9.2 When the Department proposes to terminate a Postsecondary Institution's approval status, the Department shall first give written notice to the Postsecondary Institution of the reasons for termination and the opportunity for a hearing before the Secretary. The Postsecondary Institution shall be afforded at least 20 calendar days from the date the notice is mailed to request a hearing. If no written request for a hearing is received by the Secretary, the Postsecondary Institution's approval status is deemed terminated as set forth in the notice and the Department shall notify the Postsecondary Institution of the termination.
9.2.1 Any hearing before the Secretary shall be held within 90 calendar days of the date the Secretary receives a request for a hearing.
9.2.2 Notice of the hearing shall be given at least 20 calendar days before it is held.
9.2.3 The hearing shall be conducted by the Secretary or the Secretary's designee who shall prepare a proposed order for the Secretary's consideration.
9.2.4 The burden of proof shall be on the Department to show by a preponderance of evidence that there is cause for terminating approval status.
9.3 If the Postsecondary Institution’s approval status is terminated, the approval status will expire immediately upon initial notification to the Postsecondary Institution by the Department. If a Postsecondary Institution’s approval status expires, the Postsecondary Institution shall be required to begin the application process for Recognized Applicant status.
9.4 The Postsecondary Institution shall notify students individually, in writing, if the Postsecondary Institution’s approval status is terminated at any time.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-10.0** List of Approved Postsecondary Institutions {#sec-292-10.0 omnilex-key=us-de-regs-official--title-14--292-10.0}
The Department shall publish a list of all Postsecondary Institutions that have been issued a Certificate of Approval by the Department.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-11.0** Ceasing Operation {#sec-292-11.0 omnilex-key=us-de-regs-official--title-14--292-11.0}
Prior to ceasing operation, all Postsecondary Institutions shall comply with the requirements of 14 Del.C. §192.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
##### **14 Del. Admin. Code § 292-12.0** Consumer Fair Practices and Complaints {#sec-292-12.0 omnilex-key=us-de-regs-official--title-14--292-12.0}
12.1 In accordance with 14 Del.C. §193(i), the Department will review any written complaints alleging a violation of 14 Del.C. §§185-194 and will provide any information on potential violations of 14 Del.C. §§185-194 or the Consumer Fraud Act to the Delaware Department of Justice.
12.2 A written complaint will not be processed unless it is complete. In order to be considered complete, the written complaint shall include the statute that is alleged to have been violated; specific details of the alleged violation, including who violated the statute and the date the violation occurred; and the complainant's contact information (i.e., name, address, phone number, and email address). The Department will not address written complaints submitted by an anonymous person or source.
12.3 A written complaint shall be made on the form approved by the Delaware Higher Education Office and submitted to the office by email at DHEO@doe.k12.de.us.
**History**
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *26 DE Reg. 834 (04/01/23)*
- *5 DE Reg. 859 (10/01/01)*
- *10 DE Reg. 850 (11/01/06)*
- *19 DE Reg. 1078 (06/01/16)*
- *21 DE Reg. 208 (09/01/17)*
- *23 DE Reg. 858 (04/01/20)*
- *26 DE Reg. 834 (04/01/23)*
## **400** Construction
### **401** Major Capital Improvement Program
##### **14 Del. Admin. Code § 401-1.0** Purpose and Definitions {#sec-401-1.0 omnilex-key=us-de-regs-official--title-14--401-1.0}
1.1 The Major Capital Improvement Program consists of one or more construction projects having a cost of $1,000,000 or more.
1.1.1 The Secretary of Education may annually review the current cost per square foot for construction and make necessary adjustments as required.
1.1.2 Multiple projects may be considered together to form a single Major Capital Improvement Program project. The consolidation of Major Capital Improvement Program projects should be for one location.
1.1.3 All Major Capital Improvement Program projects shall use standard bid and contract documents as developed by the Office of Management and Budget, Division of Facilities Management.
1.1.3.1 Local school districts may enhance the standard bid and contract documents with additional contractual or project specific requirements as long as the enhancements do not diminish and are not in conflict with the provisions of the standard documents.
1.1.3.2 The Department of Education, in consultation with the Office of Management and Budget, Division of Facilities Management shall approve any modifications or changes to the provisions of the standard bid and contract documents before a local school district may use or enhance the modified documents.
1.2 Definitions
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
“Certificate of Necessity” means a document issued by the Department of Education which certifies that a construction project is necessary and sets the scope and cost limits for that project. The Certificate of Necessity authorizes the local school district to hold a referendum for the Major Capital Improvement Program identified, if required.
“Certificate of Occupancy” means a document issued by a local code enforcement official or office attesting that a Facility meets building codes and is fit for human occupancy.
“Change Orders” means documents that change the construction contract and are negotiated between the owner and contractor to correct design omissions, address unforeseen circumstances which arise during the construction process, and improve upon designs based on project progress.
“Completion of Construction” means the local school district, with the concurrence of the architect, accepts the facility as complete, meaning that all punch list items are resolved, release of liens has been received, and funds held in retainage have been released.
“Design Development Plans” means documents that denote mechanical functions, placement of windows and doors, pedestrian traffic circulation both interior and exterior, utilities, service areas and structure. Design Development Plans are at a 40% to 60% completion stage.
“Educational Specifications” means documents which explain how the educational spaces relate to the educational programs as well as the requirements of an educational Facility to house and implement the educational philosophy and institutional program.
“Facility” means a long-lived capital asset including, but not limited to, school buildings; athletic buildings; athletic fields and appurtenances; playgrounds; maintenance, operations and storage structures; office buildings and all other buildings and capital assets associated with the operation and management of a local school district or school system.
“Final Construction Plans” means documents that show the complete Facility design including mechanical, electrical, water, sewer, site plans, storm water conveyance and structural systems, complete bid documents and specifications.
“Schematic Design Plans” means documents that present a proposed Facility in its earliest stages denoting the approximate size and relationship of areas to each other. Detailed utilities or mechanical functions are not typically shown at this stage.
“Signed and Sealed Plans” means design documents that have the architect's or engineer's professional seal and signature affixed.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-2.0** Certificates of Necessity {#sec-401-2.0 omnilex-key=us-de-regs-official--title-14--401-2.0}
2.1 Local school districts shall submit local school board approved projects to the Department of Education by August 31 of each fiscal year to be considered for a Certificate of Necessity and capital funding in the following fiscal year.
2.2 Local school district submissions for a Certificate of Necessity shall provide an equity statement that identifies the demographic information (e.g. race, Low Income, English Learner) of the students who are expected to attend the new school, use a new facility, or benefit from an approved Major Capital Project and how the Major Capital Project impacts equitable distributions of new and renovated buildings throughout the school district.
2.3 The Certificate of Necessity shall be quoted in the advertisement for the referendum.
2.4 Projects proposing the construction of a new Facility or for an addition to an existing Facility shall be issued a separate Certificate of Necessity. Funds issued for the construction of a new Facility or for an addition to an existing Facility shall not be transferred to projects in a separate Certificate of Necessity.
2.5 Additions and renovations to existing Facilities that are done in connection with other renovations may be issued a single Certificate of Necessity. However, when such a multiple project Certificate of Necessity is issued, it shall identify each Facility in the program and describe the work to be done at that Facility including the state and local share of the total cost for that work. Funds may be transferred between projects issued under the same Certificate of Necessity in accordance with Section 8.0 of this regulation.
2.6 The Department of Education will complete and forward the Certificate of Necessity to the local school district superintendent for that superintendent’s signature.
2.7 A copy of the final Certificate of Necessity will be returned to the local school district within 10 working days following final approval by the Department of Education.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-3.0** Procedures for Approval of a Site for School Construction {#sec-401-3.0 omnilex-key=us-de-regs-official--title-14--401-3.0}
3.1 The local school board shall forward all prospective sites to the Office of State Planning Coordination for consideration and comment through the Planning Land Use Service (PLUS) review process.
3.2 Local school districts shall notify the Department of Education in writing to schedule a site review when they propose to purchase a site for school purposes; when they propose to use a currently owned site for school purposes; or when they propose to obtain a site through donation, gift or condemnation. Depending on the outcome of the PLUS review process, the Department of Education may conduct a site review.
3.3 The acquisition of lands for school construction shall comply with 29 Del.C. §7525.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-4.0** Approval of Educational Specifications, Schematic Design Plans, Design Development Plans, and Construction Drawings {#sec-401-4.0 omnilex-key=us-de-regs-official--title-14--401-4.0}
4.1 Educational Specifications shall be approved by the local school board and forwarded to the Department of Education for informational purposes. The Department of Education may provide comments on Educational Specifications at its discretion.
4.2 All Schematic Design Plans, Design Development Plans and Final Construction Drawings shall be approved by the local school board and the Department of Education. The Department of Education requires 1 set of each, including a signed and sealed Final Construction Drawings and specifications.
4.3 The local school district must involve all applicable state, local and municipal regulatory agencies in reviewing Final Construction Drawings before the start of construction. Copies of all applicable state, local and municipal agency approvals shall be maintained in the local school district construction files. Required state agency approvals are noted in the State of Delaware School Construction Technical Assistance Manual, which is available on the Department of Education’s website.
4.4 Major Capital Improvement Program projects that do not include structural changes or wall modifications such as, but not limited to, window replacement, HVAC, electrical or plumbing infrastructure upgrades do not require submission of construction specifications or plans to the Department of Education.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-5.0** Notification, Start and Completion of Construction, and Certificate of Occupancy {#sec-401-5.0 omnilex-key=us-de-regs-official--title-14--401-5.0}
5.1 The local school district shall submit to the Department of Education and the Office of Management and Budget a construction schedule, showing start dates, intermediate stages, and final completion dates.
5.2 The local school district shall notify the Department of Education, Office of Management and Budget and Insurance Coverage Office at the completion of construction.
5.3 The local school district shall record capital assets in accordance with the State of Delaware Budget and Accounting Manual.
5.4 The local school district shall notify the Department of Education, Division of Accounting, State Auditor, and Office of Management and Budget upon approval of occupancy.
5.5 Local school districts shall submit to the Department of Education a copy of the electronic files in a format approved by the Department of Education. Electronic files shall be submitted no later than 30 calendar days after the completion of any major renovation, addition to an existing Facility, new school or replacement school.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-6.0** Purchase Orders {#sec-401-6.0 omnilex-key=us-de-regs-official--title-14--401-6.0}
All purchase orders for Major Capital Improvement Program projects shall be approved by the Department of Education and Office of Management and Budget before submission to the Division of Accounting.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-7.0** Change Orders {#sec-401-7.0 omnilex-key=us-de-regs-official--title-14--401-7.0}
7.1 All Change Orders must be agreed upon by the architect, local school district and contractor, and shall be forwarded to the Department of Education.
7.1.1 Submission of a Change Order must include the following documents:
7.1.1.1 A completed purchase order as applicable and following the local school board approved change order approval and authorization process and procedure;
7.1.1.2 Local school board of education minutes identifying and approving the changes;
7.1.1.3 American Institute of Architects (AIA) document G701-Change Order Form; and
7.1.1.4 Correspondence which gives a breakdown in materials, mark-up, and other expenses.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-8.0** Percentage of Funds Transferable Between Projects within a Certificate of Necessity {#sec-401-8.0 omnilex-key=us-de-regs-official--title-14--401-8.0}
8.1 Local school districts may request the transfer of funds between projects during the bidding and construction process in writing to the Department of Education. Acceptability of the transfer of funds will meet the following criteria:
8.1.1 No project may have any portion of its funding moved to another project without the approval of the Secretary of the Department of Education, the Director of the Office of Management and Budget and the Controller General.
8.1.2 No project may have any funding added to its initial funding without the approval of the Secretary of the Department of Education, the Director of the Office of Management and Budget and the Controller General.
8.1.3 No transfer of funds shall be executed between projects authorized through and by separate Certificates of Necessity.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-9.0** Educational Technology {#sec-401-9.0 omnilex-key=us-de-regs-official--title-14--401-9.0}
All school facilities being constructed or renovated under the Major Capital Improvement Program shall include wiring for technology that meets the current Department of Technology and Information Wiring Standards, and is appropriate to the grade level and educational requirements of the Facility type, such as high school, administration, etc. The cost of such wiring shall be borne by project funds when no other technology funds are available.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-10.0** Playground Construction {#sec-401-10.0 omnilex-key=us-de-regs-official--title-14--401-10.0}
All playgrounds constructed or renovated pursuant to a Major Capital Improvement Program project shall comply with the most current editions of the American Society of Testing Materials (ASTM) Designation F-1487 and the Consumer Products Safety Commission (CPSC) Publication Number 325.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
##### **14 Del. Admin. Code § 401-11.0** Administration of the New School {#sec-401-11.0 omnilex-key=us-de-regs-official--title-14--401-11.0}
An administrator of a new school may be hired for up to 1 year prior to student occupancy to organize and hire staff. The state portion of salary and benefits may be paid from Major Capital Improvement Program funding.
**History**
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *24 DE Reg. 137 (08/01/20)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *2 DE Reg. 1380 (02/01/99)*
- *4 DE Reg. 1252 (02/01/01)*
- *4 De Reg. 1949 (06/01/01)*
- *6 DE Reg. 1669 (06/01/03)*
- *8 DE Reg. 1295 (03/01/05)*
- *13 DE Reg. 1300 (04/01/10)*
- *18 DE Reg. 300 (10/01/14)*
- *24 DE Reg. 137 (08/01/20)*
- *24 DE Reg. 863 (03/01/21)*
- *26 DE Reg. 175 (09/01/22)*
### **405** Minor Capital Improvement Program
##### **14 Del. Admin. Code § 405-1.0** Minor Capital Improvement Program Purpose {#sec-405-1.0 omnilex-key=us-de-regs-official--title-14--405-1.0}
The Minor Capital Improvement Program's primary purpose is to keep real property assets in their original condition of completeness and efficiency on a scheduled basis. It is not for increasing the plant inventory or changing its composition. Minor Capital Improvement Program projects cost less than $1,000,000 and the underlying assets should carry a life expectancy of 10 years or more. In addition, roof, window and door replacements, paving projects, generator replacements, floor replacements, HVAC replacements, and plumbing replacements will be considered minor capital improvements, however, this does not exempt capitalization of these projects in accordance with the Budget and Accounting Policy Manual, Chapter 13 Asset Management, Section 13.10.1 Construction Work in Process (CWIP). The Minor Capital Improvement Program shall be reviewed annually by the school district and should be comprised of work necessary for good maintenance practice.
**History**
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *2 DE Reg. 1382 (02/01/99)*
- *6 DE Reg. 1672 (06/01/03)*
- *9 DE Reg. 970 (12/01/05)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
##### **14 Del. Admin. Code § 405-2.0** Definitions {#sec-405-2.0 omnilex-key=us-de-regs-official--title-14--405-2.0}
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
“Career Technical Program Equipment” means either a movable or fixed unit but not a built-in unit. In addition, the equipment shall retain its original shape and appearance with use, be nonexpendable, and represent an investment which makes it feasible and advisable to capitalize and not lose its identity through incorporation into a different or more complex unit. Computers and computer peripheral equipment may be purchased using Minor Capital Improvement Vocational Education Equipment Replacement Funds provided such equipment purchased with such funds is used in a vocational education setting for the service life of said equipment.
“Minor Capital Improvement Program” means a program which provides for the planned and programmed maintenance and repair of the school plant.
**History**
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *2 DE Reg. 1382 (02/01/99)*
- *6 DE Reg. 1672 (06/01/03)*
- *9 DE Reg. 970 (12/01/05)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
##### **14 Del. Admin. Code § 405-3.0** Use of Funds {#sec-405-3.0 omnilex-key=us-de-regs-official--title-14--405-3.0}
3.1 The expenditure of Minor Capital Improvement Program funds are authorized for the following areas, including but not limited to: maintenance and maintenance equipment, repairs, inspections, testing, maintenance agreements and service contracts related to: roofs, heating systems, ventilation and air conditioning systems, plumbing and water systems, electrical systems, windows, doors, floors, ceilings, masonry, structural built-in equipment, painting, fire suppression and life safety systems, security systems installation and maintenance, school grounds, athletic facilities and playgrounds, as well as renovations, alterations and modernizations that do not require major structural changes. Maintenance equipment may include specialized vehicles for maintaining buildings and grounds and attachments or accessories for general purpose vehicles where the attachments or accessories are for maintenance of buildings and grounds.
3.2 Funds allocated for a specific project shall be used only for that project. Program funds may not be used for the following: motorized vehicles not identified in subsection 3.1, routine janitorial supplies, new construction that increases the area of a building or extends any of its component systems, site improvements that add to or extend the existing roadways or sidewalks, surfacing a non-surfaced area for parking, completing major construction projects or specific items omitted or deleted from major construction projects or floor space allocated according to formula and used otherwise.
**History**
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *2 DE Reg. 1382 (02/01/99)*
- *6 DE Reg. 1672 (06/01/03)*
- *9 DE Reg. 970 (12/01/05)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
##### **14 Del. Admin. Code § 405-4.0** Invoices {#sec-405-4.0 omnilex-key=us-de-regs-official--title-14--405-4.0}
Invoices shall be approved by the Department of Education and the Office of Management and Budget before submission to the Division of Accounting for processing. Payments may be made as the project progresses or after work has been completed and accepted, as warranted by the nature and scope of the individual project or projects.
**History**
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *2 DE Reg. 1382 (02/01/99)*
- *6 DE Reg. 1672 (06/01/03)*
- *9 DE Reg. 970 (12/01/05)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
##### **14 Del. Admin. Code § 405-5.0** Career Technical Program Equipment Replacement Requests {#sec-405-5.0 omnilex-key=us-de-regs-official--title-14--405-5.0}
5.1 Replacement of Career Technical Program Equipment may be accomplished using Minor Capital Improvement Vocational Education Replacement Funds.
5.2 To replace Career Technical Program Equipment, the equipment must have a unit cost of $500 or more, be obsolete or more than 5 years old, and be purchased with state or local funds.
5.3 Funds shall be allocated based on the percentage of a district's Vocational Division II Units to the total of such units of all participating districts. This percentage is applied to the total funds available in a given year for Career Technical Program Equipment. Allocations for technical school districts do not require a local match.
**History**
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *2 DE Reg. 1382 (02/01/99)*
- *6 DE Reg. 1672 (06/01/03)*
- *9 DE Reg. 970 (12/01/05)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
##### **14 Del. Admin. Code § 405-6.0** Purchase Orders {#sec-405-6.0 omnilex-key=us-de-regs-official--title-14--405-6.0}
6.1 Minor Capital Improvement Program project purchase orders shall be reviewed and approved by the Department of Education and the Office of Management and Budget before submission to the Division of Accounting.
6.2 Funds may be expended as long as the appropriation is active and continuing as authorized through legislation, usually a 3-year period. Appropriations may be accumulated over those 3 years and expended for a major replacement when a sufficient balance is attained. Funds unexpended when the appropriation expires shall revert to the state unless properly continued through legislation and Office of Management and Budget requirements.
**History**
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *2 DE Reg. 1382 (02/01/99)*
- *6 DE Reg. 1672 (06/01/03)*
- *9 DE Reg. 970 (12/01/05)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
##### **14 Del. Admin. Code § 405-7.0** Temporary Employees {#sec-405-7.0 omnilex-key=us-de-regs-official--title-14--405-7.0}
Workers may be hired under the Minor Capital Improvement Program provided they are temporary hires and directly involved in the planning, constructing, or record maintenance of the construction project.
**History**
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *24 DE Reg. 142 (08/01/20)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
- *2 DE Reg. 1382 (02/01/99)*
- *6 DE Reg. 1672 (06/01/03)*
- *9 DE Reg. 970 (12/01/05)*
- *14 DE Reg. 454 (11/01/10)*
- *18 DE Reg. 368 (11/01/14)*
- *24 DE Reg. 142 (08/01/20)*
- *26 DE Reg. 179 (09/01/22)*
### **415** Voluntary School Assessments
##### **14 Del. Admin. Code § 415-1.0** General Provisions {#sec-415-1.0 omnilex-key=us-de-regs-official--title-14--415-1.0}
Pursuant to 14 Del.C. §103(c), this regulation shall apply to Voluntary School Assessments that are required in lieu of Certifications of Adequate Capacity for proposed residential developments in New Castle County and Sussex County.
**History**
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *18 DE Reg. 304 (10/01/14)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
##### **14 Del. Admin. Code § 415-2.0** Definitions {#sec-415-2.0 omnilex-key=us-de-regs-official--title-14--415-2.0}
The following words and terms, when used in this regulation, have the following meaning:
“Building Valuation Data” or “BVD” means the average construction costs as published biannually by the International Code Council, which can be used for determining permit fees for a jurisdiction.
"Certification of Adequate Capacity" means a certification that the school district in which a proposed development is located has 85% or less capacity for the elementary, middle, and high schools in the proposed development's feeder pattern. Such certification is issued by the Secretary based on information provided to the Department by the school district, New Castle County Department of Land Use, or Sussex County.
"Department" means the Delaware Department of Education.
“Gross area” means the calculated square footage of a residential unit.
"Secretary" means the Secretary of the Delaware Department of Education or the Secretary's designee.
“Voluntary School Assessment” means the assessment amount calculated by the Secretary pursuant to 14 Del.C. §103(c).
**History**
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *18 DE Reg. 304 (10/01/14)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
##### **14 Del. Admin. Code § 415-3.0** Certification of Adequate Capacity {#sec-415-3.0 omnilex-key=us-de-regs-official--title-14--415-3.0}
3.1 The Secretary shall issue a Certification of Adequate Capacity for a proposed development if the school district in which the proposed development is located has adequate capacity for the increased demand that will result from the proposed development.
3.2 Determining Adequate Capacity
3.2.1 A school district has adequate capacity for a proposed development if the elementary, middle, and high schools in the proposed development's feeder pattern each do not exceed 85% of the maximum number of students the schools can contain based on each school's physical space and class size for each grade level.
3.2.2 Capacity shall include students who are enrolled in the proposed development's feeder pattern schools based on their residence, as provided in 14 Del.C. §202(c), and through the Delaware's School District Enrollment Choice Program as provided in 14 Del.C. Ch. 4.
3.2.3 Capacity is determined by the district at the time a developer submits a completed request for a Certification of Adequate Capacity.
**History**
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *18 DE Reg. 304 (10/01/14)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
##### **14 Del. Admin. Code § 415-4.0** Determining Total Cost of a Residential Unit {#sec-415-4.0 omnilex-key=us-de-regs-official--title-14--415-4.0}
4.1 Pursuant to 14 Del.C. §103(c)(3), a Voluntary School Assessment shall not exceed 5% of the total cost of a residential unit.
4.2 Determining Total Cost of a Residential Unit
4.2.1 For the purpose of this regulation, the total cost of a residential unit shall mean the total cost to construct the unit.
4.2.1.1 The total cost shall equal the gross area of the unit multiplied by the square footage construction cost that is derived from the Building Valuation Data table that is first issued for the current calendar year.
4.2.1.2 The total cost shall not include the cost of land and site work.
4.2.2 The developer shall contact the Department to identify residential units subject to the 5% limitation.
**History**
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
- *18 DE Reg. 304 (10/01/14)*
- *22 DE Reg. 296 (10/01/18)*
- *27 DE Reg. 515 (01/01/24)*
## **500** Curriculum and Instruction
### **501** State Content Standards
##### **14 Del. Admin. Code § 501-1.0** Instructional Programs {#sec-501-1.0 omnilex-key=us-de-regs-official--title-14--501-1.0}
1.1 Instructional programs offered in the public schools of Delaware shall be in alignment with the appropriate content standards documents. These documents are: English Language Arts Content Standards, Mathematics Content Standards, Science Content Standards, Social Studies Content Standards, Health Education Content Standards, Physical Education Content Standards, Visual and Performing Arts Content Standards, Agriscience Content Standards, Business Finance and Marketing Education Content Standards, World Language Content Standards, State-approved CTE Programs of Study Content Standards, Computer Science Content Standards, Financial Literacy Content Standards, Media Literacy Content Standards, and Driver Education Content Standards.
1.1.1 The content standards documents may from time to time hereafter be amended with the approval of the Secretary and the State Board of Education. For purposes of this regulation, "adopted" shall mean to accept a set of standards as the basis for curriculum and assessment alignment across the state according to a timeline established and disseminated by the Department of Education.
1.1.1.1 Effective with the 2010-2011 school year, Delaware Content Standards in English language arts and mathematics shall be comprised of the Common Core Standards developed in partnership with the National Governors Association and the Council of Chief State School Officers.
1.1.1.2 Effective with the 2013-2014 school year, the Next Generation Science Standards (NGSS) developed in partnership with 26 states, including Delaware, shall be adopted as the Delaware Content Standards in science.
1.1.1.3 Effective with the 2018-19 school year, the Financial Literacy Content Standards shall be adopted.
1.1.1.4 Effective with the 2018-19 school year, the Computer Science Content Standards shall be adopted.
1.1.1.5 Effective with the 2023-2024 school year, the Media Literacy Content Standards shall be adopted.
1.1.1.6 Effective with the 2023-2024 school year, the Driver Education Content Standards shall be adopted.
1.1.2 Integration of the content standards shall be provided for within and across academic and technical curricula.
1.1.3 Instructional materials and curricula content shall be kept current and consistent with provisions of 14 DE Admin. Code 502 Alignment of School District Curricula to the State Content Standards and 14 DE Admin. Code 503 Instructional Program Requirements.
**History**
- *1 DE Reg. 153 (08/01/97)*
- *1 DE Reg. 729 (12/01/97)*
- *4 DE Reg. 343 (08/01/00)*
- *4 DE Reg. 850 (10/01/00)*
- *4 DE Reg. 853 (11/01/00)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 445 (09/01/04)*
- *13 DE Reg. 256 (08/01/09)*
- *14 DE Reg. 167 (09/01/10)*
- *17 DE Reg. 423 (10/01/13)*
- *21 DE Reg. 625 (02/01/18)*
- *27 DE Reg. 516 (01/01/24)*
### **502** Alignment of School District Curricula to the State Content Standards
##### **14 Del. Admin. Code § 502-1.0** Purpose {#sec-502-1.0 omnilex-key=us-de-regs-official--title-14--502-1.0}
The purpose of this regulation is to provide a process through which all Delaware school districts demonstrate the alignment of their curricula with the State Content Standards in the content areas specified in the 14 DE Admin. Code 501 as required by 14 Del.C. §122(b)(6).
**History**
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *12 DE Reg. 216 (08/01/08)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *10 DE Reg. 344 (08/01/06)*
- *10 DE Reg. 1583 (04/01/07)*
- *12 DE Reg. 216 (08/01/08)*
- *13 DE Reg. 257 (08/01/09)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
##### **14 Del. Admin. Code § 502-2.0** Definitions {#sec-502-2.0 omnilex-key=us-de-regs-official--title-14--502-2.0}
"Alignment" means meeting the expectations or outcomes outlined in each of the content area standards in 14 DE Admin. Code 501.
"Curricula" means a coherent set of high-quality instructional materials, academic lessons, and content implemented for a particular subject and designed for teachers to facilitate learning that leads to students' mastery of standards.
“Department” means the Delaware Department of Education.
"Equitable access" means every student has the opportunity to engage with grade-level and course-level materials regardless of any subgroup designation.
“Evidence” means the documents maintained by the district that its curriculum is aligned to the State Content Standards.
"High quality instructional materials" means comprehensive materials that are aligned with the adopted Delaware content standards. The materials are written with clear purpose, effective lesson structure, and pacing to provide equitable access to the grade-level or course-level content, when used in accordance with their intended design and align to the Department's definition of high quality.
"Implemented" means using aligned materials according to their intended design and with processes in place for continuous improvement, including initial and sustained professional learning to support the educators who are using or leading the use of the instructional materials.
"Supports" means professional learning and feedback required to successfully implement high quality instructional materials and curricula.
**History**
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *12 DE Reg. 216 (08/01/08)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *10 DE Reg. 344 (08/01/06)*
- *10 DE Reg. 1583 (04/01/07)*
- *12 DE Reg. 216 (08/01/08)*
- *13 DE Reg. 257 (08/01/09)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
##### **14 Del. Admin. Code § 502-3.0** Alignment Requirement {#sec-502-3.0 omnilex-key=us-de-regs-official--title-14--502-3.0}
Each school district shall provide evidence to the Department that their curricula are aligned with the State Content Standards. State Content Standards exist in English Language Arts, Mathematics, Social Studies, Science, World Languages, Visual and Performing Arts, Health, Physical Education, Computer Science, Career and Technical Education Programs of Study, Financial Literacy, Media Literacy, and Driver's Education. Content standards adopted by the Department in the future shall also be included under this section.
**History**
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *12 DE Reg. 216 (08/01/08)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *10 DE Reg. 344 (08/01/06)*
- *10 DE Reg. 1583 (04/01/07)*
- *12 DE Reg. 216 (08/01/08)*
- *13 DE Reg. 257 (08/01/09)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
##### **14 Del. Admin. Code § 502-4.0** Documentation of Curriculum Alignment {#sec-502-4.0 omnilex-key=us-de-regs-official--title-14--502-4.0}
4.1 Alignment of school district curricula to the State Content Standards shall be certified annually by the district through an assurance in the consolidated grant application.
4.2 Upon the request of the Department, documentation demonstrating alignment of school district curricula shall be given to the Department and include: curriculum maps or scope and sequence of instructional topics, unit plans, lesson plans, and assessments. Included in the documentation shall also be the names of the implemented instructional resources including high quality instructional materials when applicable, a description of the alignment process, and level of involvement by building administrators, teachers, and specialists.
4.3 Documentation for Career and Technical Education programs of study shall follow requirements in 14 DE Admin. Code 525 Requirements for Career and Technical Education Programs of Study.
**History**
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *12 DE Reg. 216 (08/01/08)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *10 DE Reg. 344 (08/01/06)*
- *10 DE Reg. 1583 (04/01/07)*
- *12 DE Reg. 216 (08/01/08)*
- *13 DE Reg. 257 (08/01/09)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
##### **14 Del. Admin. Code § 502-5.0** Documentation for Specific Student Populations {#sec-502-5.0 omnilex-key=us-de-regs-official--title-14--502-5.0}
Each school district shall also certify annually through an assurance in the consolidated grant application that alignment and equitable access to the grade-level or course-level State Content Standards is provided to subgroups such as students with disabilities, gifted students, and Multilingual Learners. Upon the request of the Department, the school district shall explain the supports provided in its curricula for these subgroups.
**History**
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *12 DE Reg. 216 (08/01/08)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *10 DE Reg. 344 (08/01/06)*
- *10 DE Reg. 1583 (04/01/07)*
- *12 DE Reg. 216 (08/01/08)*
- *13 DE Reg. 257 (08/01/09)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
##### **14 Del. Admin. Code § 502-6.0** Subsequent Review of Alignment {#sec-502-6.0 omnilex-key=us-de-regs-official--title-14--502-6.0}
Each district shall be required to maintain alignment if any changes in curriculum occur. The district shall be required to submit documentation of curriculum alignment in any content area upon the request of the Department.
**History**
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *12 DE Reg. 216 (08/01/08)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
- *10 DE Reg. 344 (08/01/06)*
- *10 DE Reg. 1583 (04/01/07)*
- *12 DE Reg. 216 (08/01/08)*
- *13 DE Reg. 257 (08/01/09)*
- *17 DE Reg. 916 (03/01/14)*
- *27 DE Reg. 518 (01/01/24)*
### **503** Instructional Program Requirements
##### **14 Del. Admin. Code § 503-1.0** English Language Arts {#sec-503-1.0 omnilex-key=us-de-regs-official--title-14--503-1.0}
1.1 School districts and charter schools shall provide instructional programs in English language arts for each grade K to 12.
1.2 All public school students in each grade K to 8 shall be enrolled in an English language arts program that demonstrates alignment to the Department of Education's adopted English Language Arts content standards.
1.3 All public school students in grades 9 to 12 shall complete the credits in English language arts necessary to graduate from high school through courses that demonstrate alignment to the Department of Education's adopted English Language Arts content standards.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
##### **14 Del. Admin. Code § 503-2.0** Mathematics {#sec-503-2.0 omnilex-key=us-de-regs-official--title-14--503-2.0}
2.1 School districts and charter schools shall provide instructional programs in mathematics for each grade K to12.
2.2 All public school students in each grade K to 8 shall be enrolled in a mathematics program that demonstrates alignment to the Department of Education’s adopted mathematics content standards.
2.3 All public school students in grades 9 to 12 shall complete the credits in mathematics necessary to graduate from high school through courses that demonstrate alignment to the Department of Education's adopted mathematics content standards and course-level expectations.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
##### **14 Del. Admin. Code § 503-3.0** Science {#sec-503-3.0 omnilex-key=us-de-regs-official--title-14--503-3.0}
3.1 School districts and charter schools shall provide instructional programs in science for each grade K to 12.
3.2 All public school students in each grade K to 8 shall be enrolled in a science program that demonstrates alignment to the Department of Education's adopted science content standards.
3.3 All public school students in grades 9 to 12 shall complete the credits in science necessary to graduate from high school through courses that demonstrate alignment to the Department of Education's adopted science content standards.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
##### **14 Del. Admin. Code § 503-4.0** Social Studies {#sec-503-4.0 omnilex-key=us-de-regs-official--title-14--503-4.0}
4.1 School districts and charter schools shall provide instructional programs in social studies for each grade K to 12.
4.2 All public school students in each grade K to 8 shall be enrolled in a social studies program that demonstrates alignment to the Department of Education's adopted social studies content standards.
4.3 All public school students in grades 9 to 12 shall complete the credits in social studies necessary to graduate from high school through courses that demonstrate alignment to the Department of Education's adopted social studies content standards.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
##### **14 Del. Admin. Code § 503-5.0** Physical Education {#sec-503-5.0 omnilex-key=us-de-regs-official--title-14--503-5.0}
5.1 School districts and charter schools shall provide instructional programs in physical education for each grade K to 12. James H. Groves High School program is not required to provide instructional programs in physical education to its students and is exempt from the provisions of this subsection.
5.2 All public school students in each grade K through 8 shall be enrolled in a comprehensive physical education program that demonstrates alignment to the Department of Education's adopted physical education content standards.
5.3 All public school students in grades 9 to 12 shall complete the credit in physical education necessary to graduate from high school through courses that demonstrate alignment to the Department of Education's adopted physical education content standards. In addition to the 1 credit required for high school graduation, only 1 additional elective credit in physical education may be used to fulfill the graduation requirements.
5.4 The physical education requirements may be waived only for students who either have an excuse from a qualified licensed healthcare provider, which is defined as anyone lawfully authorized to diagnose and prescribe medical treatment or restriction, or objections based on religious beliefs. The school district or charter school shall have the authority to grant such waivers. The school district or charter school shall maintain records of the waivers granted and upon request, make them available for review consistent with Federal and state confidentiality laws.
5.5 School districts and charter schools shall annually assess the physical fitness of each student in grades 4 and 7, and in grade 9 or 10. The physical fitness assessment tool used by the districts and charter schools shall be 1 designated by the Delaware Department of Education.
5.5.1 School districts and charter schools shall provide the results of the physical fitness assessment to the parents, guardians, or relative caregiver of each student. The school districts and charter schools shall also report this information to the Delaware Department of Education in a format determined by the Department.
5.5.2 The Delaware Department of Education shall annually report the statewide grade level results of the physical fitness assessment to the public.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
##### **14 Del. Admin. Code § 503-6.0** Visual and Performing Arts {#sec-503-6.0 omnilex-key=us-de-regs-official--title-14--503-6.0}
6.1 School districts and charter schools shall provide instructional programs in the visual and performing arts for each grade K to 12. James H. Groves High School program is not required to provide instructional programs in visual and performing arts to its students and is exempt from the provisions of this subsection.
6.2 All public school students in each grade K through 6 shall be enrolled in both visual and performing arts programs that demonstrate alignment to the Department of Education's adopted visual and performing arts content standards and grade-level or course-level expectations.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
##### **14 Del. Admin. Code § 503-7.0** Career and Technical Education {#sec-503-7.0 omnilex-key=us-de-regs-official--title-14--503-7.0}
7.1 School districts and charter schools, when consistent with the charter school's approved program, shall provide instructional programs in grades 7 and 8 that demonstrate alignment to career and technical education programs of study within the high school feeder patterns. Career and technical instructional programs in grades 7 and 8 shall be aligned to career and technical education programs of study at the high school level.
7.2 All public school students in grades 9 through 12 in school districts, and charter schools when consistent with the charter school's approved program, shall be provided with the opportunity to enroll in and complete a career and technical education program of study.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
##### **14 Del. Admin. Code § 503-8.0** World Language {#sec-503-8.0 omnilex-key=us-de-regs-official--title-14--503-8.0}
8.1 School districts and charter schools with any of grades 9 through 12 shall provide instructional programs in world languages for grades 9 through 12 that demonstrate alignment to the Department of Education's adopted world language content standards and course-level expectations.
8.2 All public school students in grades 9 through 12 shall complete the credits in world languages required to graduate from high school through courses that demonstrate alignment to the Department of Education's adopted world language content standards and course-level expectations.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
##### **14 Del. Admin. Code § 503-9.0** Health Education {#sec-503-9.0 omnilex-key=us-de-regs-official--title-14--503-9.0}
9.1 School districts and charter schools shall provide instructional programs in health education for each grade K through 12 that meet the hours requirements outlined in 14 DE Admin. Code 551. James H. Groves High School program is not required to provide instructional programs in health education to its students and is exempt from the provisions of this subsection.
9.2 School districts and charter schools shall provide comprehensive health education programming for each grade K through 8 that demonstrates alignment to the Department of Education's adopted health education content standards.
9.3 All public school students in grades 9 to 12 shall complete the credits in health education necessary to graduate from high school through health education programming that demonstrates alignment to the Department of Education's adopted health education content standards.
**History**
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *27 DE Reg. 519 (01/01/24)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
- *5 DE Reg. 865 (10/01/01)*
- *8 DE Reg. 1709 (06/01/05)*
- *10 DE Reg. 985 (12/01/06)*
- *19 DE Reg. 739 (02/01/16)*
- *20 DE Reg. 971 (06/01/17)*
- *27 DE Reg. 519 (01/01/24)*
### **505** High School Graduation Requirements and Diplomas
##### **14 Del. Admin. Code § 505-1.0** Definitions {#sec-505-1.0 omnilex-key=us-de-regs-official--title-14--505-1.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Career Pathway" means the three (3) credits of pre-planned and sequential courses required for graduation designed to develop knowledge and skills in a particular career or academic area.
"Computer Science" means an advanced placement, honors, college prep or integrated computer science course that meets both the computer science and mathematics standards that can be used towards a mathematics graduation credit requirement in addition to those mathematics course requirements under subsection 5.1.1.
"Credit" means the acquisition of skills and knowledge at a satisfactory level as determined by the district and charter school boards through 135 hours (a Carnegie Unit) of actual classroom instruction, which may include various methods of delivery or through locally approved options contained in Section 8.0.
"Department" means the Delaware Department of Education.
"English Language Arts" means those four (4) components of reading, writing, language, and speaking and listening that are included in the State Content Standards for high school English Language Arts as required in 14 DE Admin. Code 501.
"Health Education" means those components that are included in the State Content Standards for high school health education as required in 14 DE Admin. Code 501.
"High School" means grades 9 through 12.
"Homeless Youth" as defined by the provisions of 42 U.S.C. §11434a(2), means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of 42 U.S.C. §11302(a)(1)), and includes:
"Mathematics" means those conceptual categories of number and quantity, algebra, functions, geometry, statistics and probability combined with problem solving, modeling, reasoning, communicating, and making connections that are included in the State Content Standards for high school mathematics as required in 14 DE Admin. Code 501 either through integrated courses or in courses titles such as Algebra I, Algebra II, Geometry, Trigonometry, Pre-Calculus, Calculus, Computer Science, Discrete Mathematics, Statistics, and Probability.
“Novice-high proficiency level” means the novice-high level of proficiency of certain skills and knowledge as defined by the American Council for the Teaching of Foreign Languages (ACTFL).
"Physical Education" means those components that are included in the State Content Standards for high school physical education as required in 14 DE Admin. Code 501 and 503. In addition to the one (1) credit required for high school graduation, only one (1) additional elective credit in physical education such as weightlifting, yoga, fitness, running, or tennis may be used to fulfill the graduation requirements.
"Science" means those components of the nature of science which include science and engineering practices, matter and its interactions, motion and stability, energy and its effects, waves and their applications, Earth's place in the universe, Earth's systems, Earth and human activity, life structure and processes, ecosystems, heredity, diversity and continuity of living thing, engineering design, and the links among engineering, technology, science, and society that are included in the State Content Standards for high school science as required in 14 DE Admin. Code 501 either through integrated courses or in course titles such as Earth Science, Biology, Chemistry and Physics.
"Social Studies" means those components of civics, economics, geography, and history that are included in the State Content Standards for high school social studies as required in 14 DE Admin. Code 501 either through integrated courses or in course titles such as United States History, World History, Geography, Economics, and Civics.
“State of Delaware High School Diploma” means a diploma granted to students who successfully complete the prescribed course requirements established by the State, or the district or charter school, if district or charter school credit requirements are higher than those of the State.
“State of Delaware – Diploma of Alternate Achievement Standards” means a diploma awarded to a student who has met the requirements of the student’s Individualized Education Program (IEP) but will not complete the high school graduation course credit requirements established by the State, district, or charter school for a State of Delaware High School Diploma.
“Student in DSCYF custody” means a student, who is or was in the custody of the Department of Services for Children, Youth & Their Families (DSCYF) including the Division of Family Services (DFS), the Division of Prevention and Behavioral Health (PBH) and the Division of Youth Rehabilitative Services (YRS), for any length of time, during his or her enrollment in high school.
“Veteran” means any veteran who performed service during any of the following periods: World War II: December 7, 1941 through December 11, 1946, and also during occupation of defeated territories up to September 8, 1951; Korean War: June 27, 1950 through January 31, 1955; and Vietnam: May 1, 1961 through April 30, 1975.
"World Languages" means any language other than English that is used by persons around the world for communicating information and ideas and transmitting its cultures, including American Sign Language (ASL), Latin and Ancient Greek.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-2.0** Credit Requirements for the Graduation Class of 2011 (Freshman Class of 2007-2008) through the Graduation Class of 2014 (Freshman Class of 2010-2011) {#sec-505-2.0 omnilex-key=us-de-regs-official--title-14--505-2.0}
2.1 For the graduating class of 2011, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty two (22) credits in order to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics; three (3) credits in Science, three (3) credits in Social Studies, one (1) credit in Physical Education, one-half (1/2) credit in Health Education, three (3) credits in a Career Pathway, and three and one-half (3 ½) credits in elective courses.
2.1.1 Students shall complete Mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses.
2.1.2 Scientific investigations related to the State Science Standards shall be included in all three (3) Science course requirements.
2.1.3 During the senior year students shall maintain a credit load each semester that earns them at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year.
2.1.3.1 Senior year credits shall include regular High School course offerings, the options available in Section 8.0, or a combination of both.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-3.0** Credit Requirements Beginning with the Graduation Class of 2015 (Freshman Class of 2011-2012) {#sec-505-3.0 omnilex-key=us-de-regs-official--title-14--505-3.0}
3.1 For the graduating class of 2015, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty four (24) credits to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics, three (3) credits in Science, three (3) credits in Social Studies, two (2) credits in a World Language, one (1) credit in Physical Education, one-half (1/2) credit in Health Education, three (3) credits in a Career Pathway, and three and one-half (3 ½) credits in elective courses.
3.1.1 The student shall complete Mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses.
3.1.2 Scientific investigations related to the State Science Standards shall be included in all three (3) Science course requirements.
3.1.3 During the senior year the student shall maintain a credit load each semester that earns the student at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year.
3.1.3.1 Senior year credits shall include regular High School course offerings, the options available in Section 8.0, or a combination of both.
3.2 World Language:
3.2.1 Students may fulfill the two (2) credit World language requirement by either:
3.2.1.1 Earning a minimum of two (2) World Language credits in the same language; or
3.2.1.2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of oral or signed expressive and receptive communication, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education.
3.2.2 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall earn one (1) credit in an additional language for a total of two (2) credits or pursue available options in Section 8.0 to earn the second credit of the original language.
3.2.3 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with no World Language credits, shall be required to earn at least one (1) World Language credit prior to graduation. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 9.0.
3.2.4 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School on or after October 1st of the 12th grade year, the World Language requirement shall be waived. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 9.0.
3.2.5 Any student transferring between Delaware public schools with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall pursue available options in Section 8.0 to earn the second credit of the original language students or earn one (1) credit in an additional language for a total of two (2) credits.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-4.0** Credit Requirements Beginning with the Graduation Class of 2016 (Freshman Class of 2012-2013) {#sec-505-4.0 omnilex-key=us-de-regs-official--title-14--505-4.0}
4.1 Beginning with the graduating class of 2016, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty four (24) credits to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics, three (3) credits in Science, three (3) credits in Social Studies, two (2) credits in a World Language, one (1) credit in Physical Education, one-half (1/2) credit in Health Education, three (3) credits in a Career Pathway, and three and one-half (3 ½) credits in elective courses.
4.1.1 The student shall earn credit upon completion of Mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses. The student shall complete an Algebra II or Integrated Mathematics III course as one of the Mathematics credits.
4.1.2 Scientific investigations related to the State Science Standards shall be included in all three (3) Science course requirements. The student shall complete a Biology course as one (1) of the Science credits.
4.1.3 The student shall complete a U. S. History course as one (1) of the Social Studies credits.
4.1.4 During the senior year the student shall maintain a credit load each semester that earns the student at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year. Further provided, a student participating in a dual enrollment course or dual credit course, as defined in 14 DE Admin. Code 506 Policies for Dual Enrollment and Awarding Dual Credit, shall be considered to be meeting the majority of credits, as long as a credit in Mathematics is earned during the senior year.
4.1.4.1 Senior year credits shall include regular High School course offerings, the options available in Section 8.0, or a combination of both.
4.2 World Language:
4.2.1 Students may fulfill the two (2) credit World Language requirement by either:
4.2.1.1 Earning a minimum of two (2) World Language credits in the same language; or
4.2.1.2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of oral or signed expressive and receptive communication, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education.
4.2.2 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall earn one (1) credit in an additional language for a total of two (2) credits or pursue available options in Section 8.0 to earn the second credit of the original language.
4.2.3 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with no World Language credits, shall be required to earn at least one (1) World Language credit prior to graduation. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 9.0.
4.2.4 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School on or after October 1st of the 12th grade year, the World Language requirement shall be waived. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 9.0.
4.2.5 Any student transferring between Delaware public schools with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall pursue available options in Section 9.0 to earn the second credit of the original language or earn one (1) credit in an additional language for a total of two (2) credits.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-5.0** Credit Requirements for State of Delaware Diploma - Beginning with the Graduation Class of 2019 (Freshman Class of 2015-2016) {#sec-505-5.0 omnilex-key=us-de-regs-official--title-14--505-5.0}
5.1 Beginning with the graduating class of 2019, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty-four (24) credits to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics, three (3) credits in Science, three (3) credits in Social Studies, two (2) credits in a World Language, one (1) credit in Physical Education, one-half (1/2) credit in Health Education, three (3) credits in a Career Pathway, and three and one-half (3 ½) credits in elective courses.
5.1.1 The student shall earn credit upon completion of Mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses. The student shall complete an Algebra II or Integrated Mathematics III course as one of the Mathematics credits.
5.1.2 Scientific investigations related to the State Science Standards shall be included in all three (3) Science course requirements. The student shall complete a Biology course as one (1) of the Science credits.
5.1.3 The student shall complete a U. S. History course as one (1) of the Social Studies credits.
5.1.4 During the senior year the student shall maintain a credit load each semester that earns the student at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year. Further provided, a student participating in a dual enrollment course or dual credit course, as defined in 14 DE Admin. Code 506 Policies for Dual Enrollment and Awarding Dual Credit, shall be considered to be meeting the majority of credits, as long as a credit in Mathematics is earned during the senior year.
5.1.4.1 Senior year credits shall include regular High School course offerings, the options available in Section 8.0, or a combination of both.
5.2 World Language:
5.2.1 Students may fulfill the two (2) credit World Language requirement by either:
5.2.1.1 Earning a minimum of two (2) World Language credits in the same language; or
5.2.1.2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of oral or signed expressive and receptive communication, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education.
5.2.2 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall earn one (1) credit in an additional language for a total of two (2) credits or pursue available options in Section 8.0 to earn the second credit of the original language.
5.2.3 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with no World Language credits shall be required to earn at least one (1) World Language credit prior to graduation. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 8.0.
5.2.4 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School on or after October 1st of the 12th grade year, the World Language requirement shall be waived. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 8.0.
5.2.5 Any student transferring between Delaware public schools with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall pursue available options in Section 8.0 to earn the second credit of the original language or earn one (1) credit in an additional language for a total of two (2) credits.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-6.0** Requirements for State of Delaware - Diploma of Alternate Achievement Standards - Beginning with the Graduation Class of 2019 (Freshman Class of 2015-2016) {#sec-505-6.0 omnilex-key=us-de-regs-official--title-14--505-6.0}
Beginning with the graduating class of 2019, a public school student shall be granted a State of Delaware - Diploma of Alternate Achievement Standards when such student has met the requirements of the student's Individualized Education Program (IEP), but will not complete the High School graduation course credit requirements established by the State, district, or charter school for a State of Delaware High School Diploma.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-7.0** Career Pathway {#sec-505-7.0 omnilex-key=us-de-regs-official--title-14--505-7.0}
Local school districts and charter school boards shall establish policies concerning the purpose, content, development, and approval of Career Pathways.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-8.0** Options for Awarding Credit Toward High School Graduation {#sec-505-8.0 omnilex-key=us-de-regs-official--title-14--505-8.0}
8.1 District and charter school boards, and the Department of Services for Children, Youth and their Families (DSCYF) as provided in 29 Del.C. §9003(8), are authorized to award credit toward High School graduation for the following activities on the condition that the activities incorporate any applicable state content standards. Before awarding credit for any of the following activities, the districts and charter school boards shall have adopted a policy approving the activity for credit and establishing any specific conditions for the award of credit for the activity. Such policy shall be applicable to each school within the district or each charter High School.
8.1.1 Courses taken at or through an accredited community college, two- or four-year college.
8.1.2 Voluntary community service as defined in 14 Del.C. §§8901A and 8902A.
8.1.3 Supervised work experience in the school and the community which meets the educational objectives or special career interest of the individual student.
8.1.4 Independent study.
8.1.5 Distance learning courses. These courses may be delivered by the teacher to the learner in real time, online or by video.
8.1.6 High School courses taken while in middle school in conjunction with an articulated agreement between the district middle school and the district High School. Such credit shall also transfer to a High School in another district or to a charter school.
8.1.7 Course credit transferred from another High School.
8.1.8 Course credit earned through summer or evening school classes, as a member of the military service, or as part of the James H. Groves Adult High School.
8.1.9 Tutoring programs taught by a teacher certified in the subject being taught.
8.1.10 Course credit awarded by agencies or instrumentalities of the state other than public schools which provide educational services to students. A description of the program provided to the student, grades given, and the number of clock hours of instruction or a demonstration of competency must be provided to the school district or charter school prior to receipt of credit.
8.1.11 Courses taught by a teacher certified in the subject being taught and credit earned upon demonstration of mastery of the competencies of the particular course.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-9.0** Additional Credit Requirements {#sec-505-9.0 omnilex-key=us-de-regs-official--title-14--505-9.0}
District and charter school boards may establish additional credit requirements for graduation above the minimum number of credits required by the Department.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-10.0** State of Delaware Diplomas and State of Delaware – Diplomas of Alternate Achievement Standards {#sec-505-10.0 omnilex-key=us-de-regs-official--title-14--505-10.0}
10.1 Diplomas from one (1) school year shall not be issued after September 15 of the next school year.
10.2 Duplicate State of Delaware Diplomas or Diplomas of Alternate Achievement Standards will be issued upon validated request. Requests for duplicate diplomas from graduates of Delaware High Schools should be directed to the High School the student was attending at the time of graduation. If the school is no longer open or does not have the records, the student should contact the Department of Education. Fees for duplicate diplomas will be assessed at the High School's or Department of Education's cost. The requesting student will pay all associated fees.
10.3 State High School Diploma for Veterans serving during times of war or conflict, pursuant to 14 Del.C. §159
10.3.1 The Department shall provide a High School Diploma to any Veteran who:
10.3.1.1 Left a Delaware High School prior to graduation to serve in the armed forces of the United States;
10.3.1.2 Did not receive a High School Diploma, or received a G.E.D., as a consequence of such service; and
10.3.1.3 Was discharged from the armed forces under honorable circumstances.
10.3.2 The diploma may also be awarded posthumously if the deceased Veteran meets the qualifications in subsections 10.3.1.1 through 10.3.1.3.
10.3.3 Applications for this High School diploma shall be made on forms designated by the Department and the Delaware Commission of Veterans Affairs and shall have a copy of the candidate’s honorable discharge papers attached to the application.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
##### **14 Del. Admin. Code § 505-11.0** Exceptions for Homeless Youth and Students in DSCYF Custody {#sec-505-11.0 omnilex-key=us-de-regs-official--title-14--505-11.0}
11.1 Any student who experiences homelessness or is placed in DSCYF custody while the student is in high school, including a Homeless Youth or a Student in DSCYF custody who transfers into a district or charter school shall be permitted to graduate based on the successful completion of the Department’s graduation requirements as defined in this regulation in lieu of the district’s or charter school’s specific requirements permitted by Section 9.0.
11.2 When a Homeless Youth or a Student in DSCYF custody transfers into a district or charter school, the district or charter school shall use policies developed pursuant to Section 8.0 to review the student’s prior transcript and award values for credit earned through:
11.2.1 Distance learning courses. These courses may be delivered by the teacher to the learner in real time, online or by video;
11.2.2 Courses completed in mental health or rehabilitative facilities;
11.2.3 Courses completed in other districts or charter schools that use a different standard of awarding credits; or
11.2.4 Any other means as approved by the Chief School Officer of the district or charter school in accordance with policy and the law.
**History**
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *14 DE Reg. 555 (12/01/10)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *15 DE Reg. 62 (07/01/11)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *10 DE Reg. 1802 (06/01/07)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *10 DE Reg. 1802 (06/01/07)*
- *22 DE Reg. 762 (03/01/19)*
- *4 DE Reg. 995 (12/01/00)*
- *5 DE Reg. 625 (09/01/01)*
- *7 DE Reg. 1344 (04/01/04)*
- *10 DE Reg. 547 (09/01/06)*
- *12 DE Reg. 934 (01/01/09)*
- *15 DE Reg. 62 (07/01/11)*
- *18 DE Reg. 127 (08/01/14)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
- *18 DE Reg. 127 (08/01/14)*
- *19 DE Reg. 303 (10/01/15)*
- *22 DE Reg. 762 (03/01/19)*
- *24 DE Reg. 536 (12/01/20)*
- *25 DE Reg. 274 (09/01/21)*
### **506** Policies for Dual Enrollment and Awarding Dual Credit
##### **14 Del. Admin. Code § 506-1.0** Purpose {#sec-506-1.0 omnilex-key=us-de-regs-official--title-14--506-1.0}
Pursuant to 14 Del.C. §§122(b)(3), 122(b)(8), 181, and 183, the purpose of this regulation is to ensure all school districts and charter schools have policies regarding dual enrollment and the awarding of dual credit to promote consistency and equity across the state.
**History**
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *12 DE Reg. 437 (10/01/08)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
##### **14 Del. Admin. Code § 506-2.0** Definitions {#sec-506-2.0 omnilex-key=us-de-regs-official--title-14--506-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Accredited postsecondary institution” means an accredited higher education institution, including any in-state and out-of-state college or university, alternative routes for teacher licensure and certification programs approved by the Delaware Secretary of Education and authorized to operate in Delaware, and adult education career training/registered apprenticeship programs.
“Articulation agreement” means the agreement between the accredited postsecondary institution and school district, school or charter school that specifies, at a minimum, student eligibility and participation requirements, the course syllabus, the expected course competencies, grading policy, attendance policy, and conditions for awarding dual credit. Further provided, student eligibility and participation requirements shall be based on multiple indicators of readiness that may include a combination of tests, course grades, teacher recommendations or portfolios.
“Dual credit” means the credit awarded at both the high school and postsecondary levels.
"Dual credit course" means a course for which a student may receive both high school credit towards graduation and postsecondary credit. The course may be taken in a variety of settings such as in a high school, on a postsecondary institution campus, or electronically. Examples of a dual credit course include Advanced Placement or "AP", International Baccalaureate or "IB".
“Dual enrollment” means simultaneous enrollment in both a high school and an accredited postsecondary institution.
“Dual enrollment course” means a course for which a student may receive both high school credit towards graduation and postsecondary credit while simultaneously registered at both the high school and the accredited postsecondary institution.
“Principal” or "principal's designee" means the person at the high school who is assigned to approve the courses that may result in credit for that high school.
"Student Success Plan" means a written plan which sets postsecondary goals based on a student's career interest.
**History**
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *12 DE Reg. 437 (10/01/08)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
##### **14 Del. Admin. Code § 506-3.0** District Policy Requirement {#sec-506-3.0 omnilex-key=us-de-regs-official--title-14--506-3.0}
3.1 School districts and secondary charter schools shall develop policies for dual enrollment and the awarding of dual credit that at a minimum meet the following criteria:
3.1.1 All courses for which dual credit is awarded shall incorporate any applicable state content standards;
3.1.2 All courses for which dual credit is awarded shall be taken at or through an articulation agreement with an accredited postsecondary institution except for AP or IB courses;
3.1.3 All students shall be provided information regarding dual enrollment and the awarding of dual credit opportunities;
3.1.4 All eligible students, as determined in the articulation agreement, shall have access to dual credit and dual enrollment courses;
3.1.5 Funding sources such as College Board waivers or other grants shall be identified as well as the procedures for applying and the procedures for the awarding of such funds or waivers. No student shall be denied access to dual credit or dual enrollment courses because of the student’s or family’s inability to pay;
3.1.6 All students shall be notified of any resources to help pay for dual enrollment courses;
3.1.7 Students shall have multiple points of access for dual credit and dual enrollment courses including, but not limited to, courses offered on the high school campus, courses offered on the postsecondary institution campus, courses offered online, or a combination of any of the above;
3.1.8 Any school district seeking to contract with an out-of-state institution to offer dual credit courses shall seek an institutional review by the Delaware Higher Education Office prior to executing the contract;
3.1.9 All courses for which dual credit is awarded through an accredited postsecondary institution shall be taught by an approved dual credit instructor;
3.1.10 Any course that offers dual credit shall have the prior approval for the awarding of dual credit by the principal or the principal’s designee of the high school in which the credit is to be awarded; and
3.1.11 Dual enrollment and dual credit shall be included in the Student Success Plan (SSP), as required in 14 DE Admin. Code 505, for students electing to participate.
**History**
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *12 DE Reg. 437 (10/01/08)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
##### **14 Del. Admin. Code § 506-4.0** Quality Assurance and Granting of Postsecondary Credit {#sec-506-4.0 omnilex-key=us-de-regs-official--title-14--506-4.0}
4.1 All AP courses used for purposes of dual credit shall meet the requirements of their respective program authorizers. Postsecondary credit for AP courses shall meet the requirements of 14 Del.C. §§9001E - 9002E.
4.2 All IB courses used for purposes of dual credit shall meet the requirements of their respective program authorizers. Postsecondary credit for IB courses shall be at the discretion of the credit granting accredited postsecondary institution.
4.3 All courses for which dual credit is granted shall meet the requirements of the sponsoring accredited postsecondary institution as outlined in the articulation agreement.
4.4 The effective date of Section 4.0 is August 1, 2024.
**History**
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *12 DE Reg. 437 (10/01/08)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
##### **14 Del. Admin. Code § 506-5.0** Reporting {#sec-506-5.0 omnilex-key=us-de-regs-official--title-14--506-5.0}
Each school district and secondary charter school shall indicate on a student’s high school transcript any dual enrollment courses or dual credit courses taken by the student. In addition, any dual credit that has been awarded to the student shall be indicated on the student's high school transcript.
**History**
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *12 DE Reg. 437 (10/01/08)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
##### **14 Del. Admin. Code § 506-6.0** Policy Reporting Requirements {#sec-506-6.0 omnilex-key=us-de-regs-official--title-14--506-6.0}
6.1 Each school district and secondary charter school shall have an electronic copy of its current policy for dual enrollment and awarding dual credit on file with the Department of Education.
6.2 Each school district and secondary charter school shall provide an electronic copy of any dual enrollment and dual credit policy within 90 days of such revision including any revisions made as a result of changes to Federal, state or local law, regulations, guidance or policies.
**History**
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
- *12 DE Reg. 437 (10/01/08)*
- *26 DE Reg. 835 (04/01/23)*
- *28 DE Reg. 44 (07/01/24)*
### **507** Student Success Planning
##### **14 Del. Admin. Code § 507-1.0** Purpose {#sec-507-1.0 omnilex-key=us-de-regs-official--title-14--507-1.0}
The purpose of this regulation is to: (1) provide guidance to district and charter schools in establishing their Post-Secondary Advisement Plans (PSAP); and (2) to provide guidance as they support students in establishing goals that lead to the creation and revision of the student’s Student Success Plan.
**History**
- *22 DE Reg. 763 (03/01/19)*
##### **14 Del. Admin. Code § 507-2.0** Definitions {#sec-507-2.0 omnilex-key=us-de-regs-official--title-14--507-2.0}
“Advisement” means a documented process that engages students in ongoing discussion and planning with school staff to identify their personal talents and interests and plan their career goals.
“Department” means the Delaware Department of Education.
“Post-secondary” means education, training and career experiences that occur after high school graduation.
“Post-secondary Advisement Plan” or “PSAP” means a written comprehensive document that identifies the activities, supports and resources to enable a student to create and revise a Student Success Plan.
“Progress Report” means a written document provided annually by districts and charters to the Department to update their current status in meeting their established benchmarks included in the Post-Secondary Advisement Plan.
"Student Success Plan” or “SSP" means a written plan which sets post-secondary goals based on a student’s career interest.
**History**
- *22 DE Reg. 763 (03/01/19)*
##### **14 Del. Admin. Code § 507-3.0** Student Success Plans (SSP) {#sec-507-3.0 omnilex-key=us-de-regs-official--title-14--507-3.0}
3.1 Every Delaware student in grades 8-12 shall have a SSP based on exposure to the following:
3.1.1 Opportunities to learn about career and industry trends and earning potential, such as career speakers, work-based learning opportunities, career and technical student organization activities and career compass activities.
3.1.2 Opportunities to identify their strengths and interests connected to careers, such as Armed Services Vocational Attitude Battery and career interest surveys, as well as meetings with counselors, teachers, parents, guardians, care-givers at regular intervals to discuss student interests regarding careers.
3.1.3 Opportunities to identify educational and financial requirements related to potential career interests, such as college representative presentations, college visits, financial aid presentations and financial literacy classes.
3.2 SSPs shall be created in 8th grade or upon entry to a Delaware district or charter school in grades 8-12 and revised annually as necessary.
3.3 By the student’s final year of high school, the SSP shall identify the necessary steps to transition to the next phase of the student’s career plan.
**History**
- *22 DE Reg. 763 (03/01/19)*
##### **14 Del. Admin. Code § 507-4.0** Post-Secondary Advisement Plans (PSAP) {#sec-507-4.0 omnilex-key=us-de-regs-official--title-14--507-4.0}
4.1 Every district and charter school shall create and implement a PSAP to enable students to have the opportunities as identified in Section 3.0.
4.1.1 The PSAP shall use the template provided by the Department.
4.1.2 Every PSAP shall include a process for all of the following:
4.1.2.1 Opportunities for students to establish secondary and Post-secondary goals aligned to their career interests.
4.1.2.2 Activities, supports and resources to enable students to fulfill the opportunities as identified in Section 3.0, such as but not limited to: small and large group activities, in-school and out-of-school supports, and one-on-one Advisement.
4.1.2.3 Alignment of PSAPs to enable students to identify the necessary steps to transition to the next phase of the student’s career plan.
4.1.2.4 Opportunities to engage parent(s), guardian(s) or relative caregiver(s) in the creation and revision of SSPs.
4.1.2.5 Measurable outcomes to demonstrate the impact of the PSAP in identifying the necessary steps to transition to the next phase of their career plan.
4.2 Every district and charter school shall align activities, supports and resources across grades 8-12 as applicable.
**History**
- *22 DE Reg. 763 (03/01/19)*
##### **14 Del. Admin. Code § 507-5.0** Reporting Requirements and Timelines {#sec-507-5.0 omnilex-key=us-de-regs-official--title-14--507-5.0}
5.1 Annually, by June 30th, every district and charter school shall electronically submit a Progress Report to the Department.
5.1.1 The Progress Report shall include annual progress towards meeting the established benchmarks included in the PSAP, any measures being taken to address benchmarks that will not be met, and any new measures that will be measured to demonstrate the impact of the PSAP.
5.2 Plans shall be updated annually to reflect necessary improvements as informed by national best practices, review of Post-secondary data and feedback provided by the Department.
5.3 Newly authorized charter schools with any grade 8-12 shall create and implement a PSAP to enable students to have the opportunities as identified in Section 3.0.
**History**
- *22 DE Reg. 763 (03/01/19)*
### **508** Multi-Tiered System of Support (MTSS)
##### **14 Del. Admin. Code § 508-1.0** Purpose {#sec-508-1.0 omnilex-key=us-de-regs-official--title-14--508-1.0}
Each local education agency shall implement procedures to determine when a student requires scientific, evidence-based interventions within a Multi-Tiered System of Support (MTSS) for: 1) Written Expression, 2) Reading, 3) Oral Expression, 4) Listening Comprehension, 5) Mathematics, 6) Behavior, and 7) Social and Emotional Skills.
**History**
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *24 DE Reg. 663 (01/01/21)*
- *26 DE Reg. 837 (04/01/23)*
##### **14 Del. Admin. Code § 508-2.0** Definitions {#sec-508-2.0 omnilex-key=us-de-regs-official--title-14--508-2.0}
The following words and terms, when used in this regulation, have the following meaning:
“Department” means the Delaware Department of Education.
“Evidence-based” means strategies, activities, or approaches which have been shown through scientific research and evaluation to be effective at preventing or delaying a negative outcome.
"Evidence-informed" means practices that are consciously informed by evidence derived from formal research produced by researchers, practitioner inquiry (investigation), or routinely collected school or local system-level data through collaborative planning, testing, implementing and evaluating of approaches for improving practices.
"Local Education Agency” or “LEA" means a reorganized traditional school district, vocational-technical school district, or Charter School, legally constituted and established under Delaware law for either administrative control or direction of public elementary or secondary schools.
"Mental Health" means an individual's emotional, psychological, and social wellbeing and is based on how one thinks, feels and acts, including how one handles stress, relates to others, and makes healthy choices. Specifically, positive mental health in childhood includes reaching developmental and emotional milestones and learning healthy social and emotional skills to enhance wellbeing and employ strategies for coping adaptively with challenges.
“Multi-Tiered System of Support” or “MTSS” means a framework that is designed to meet the needs of the whole child through an integrated multi-level prevention system that optimizes team-based leadership and data-driven decision making to meet the academic and non-academic needs of all students. High quality core academic instruction and non-academic practices are provided as universal supports to all children. Evidence-based intervention and supports are matched to student needs and informed by ongoing progress monitoring and additional formative assessments.
“Parent” means a biological or adoptive parent of a child; a guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives and for whom a Caregiver’s School Authorization executed in compliance with 14 Del.C. §202 is on file; an individual who is otherwise legally responsible for the child's welfare; or a surrogate parent who has been appointed in accordance with 14 DE Admin. Code 926.19.0.
"Social and Emotional Learning" or "SEL" means the process through which students acquire the knowledge, attitudes, and skills needed to understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.
**History**
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *24 DE Reg. 663 (01/01/21)*
- *26 DE Reg. 837 (04/01/23)*
##### **14 Del. Admin. Code § 508-3.0** Instructional Resources {#sec-508-3.0 omnilex-key=us-de-regs-official--title-14--508-3.0}
3.1 LEAs shall evaluate and select instructional resources for Tier 1, and interventions for Tier 2 and Tier 3, for academic areas and the non-academic areas of behavioral, social and emotional skills, and mental health which are of high quality, evidence-based or may be evidence-informed for the non-academic areas and aligned with the State's appropriate content standards or the Department's adopted competencies for mental health and SEL.
3.2 Social and Emotional Learning (Effective beginning with the 2023-2024 school year). LEAs shall provide age-appropriate and developmentally-appropriate instructional programming in social and emotional learning for each grade K to 12 that demonstrate alignment to the Department's adopted SEL competencies.
3.3 Mental Health (Effective beginning with the 2023-2024 school year). LEAs shall provide age-appropriate and developmentally-appropriate instructional programming in mental health for each grade K to 12 that demonstrate alignment to the Department's adopted mental health competencies.
**History**
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *24 DE Reg. 663 (01/01/21)*
- *26 DE Reg. 837 (04/01/23)*
##### **14 Del. Admin. Code § 508-4.0** Assessment {#sec-508-4.0 omnilex-key=us-de-regs-official--title-14--508-4.0}
Screening, diagnostic assessment and progress monitoring processes shall be used as part of MTSS procedures. Any tools used shall be norm-referenced, criterion- referenced, or curriculum-based as appropriate.
**History**
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *24 DE Reg. 663 (01/01/21)*
- *26 DE Reg. 837 (04/01/23)*
##### **14 Del. Admin. Code § 508-5.0** Problem Solving Team {#sec-508-5.0 omnilex-key=us-de-regs-official--title-14--508-5.0}
5.1 LEAs shall have a school-based problem-solving team at each of their schools consisting of 3 to 5 core members and shall include at least 1 of the student’s classroom teachers. Additional members may be added as needed.
5.2 The team shall review student data to identify individual student needs and make evidence-based decisions.
5.3 Using the student data, the problem-solving team will design an intervention plan as outlined in Section 7.0, which shall include specific baseline data, learning targets, type and frequency of intervention, data collection, and any other information the problem-solving team considers necessary.
5.4 The team shall collect progress monitoring data at regular intervals. Data collection must include documentation of fidelity of implementation, consisting of differentiated, evidence-based instruction, pacing and appropriateness of instructional groupings.
5.5 The team shall hold meetings after the 6 to 8-week intervention cycle to monitor progress toward identified targets, the fidelity of implementation and determine the next steps. Teams may meet earlier, as needed.
5.6 LEAs shall have a process for providing parents with the MTSS intervention plan and data collected as part of the MTSS framework as described in Section 7.0.
**History**
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *24 DE Reg. 663 (01/01/21)*
- *26 DE Reg. 837 (04/01/23)*
##### **14 Del. Admin. Code § 508-6.0** MTSS Framework and Procedures {#sec-508-6.0 omnilex-key=us-de-regs-official--title-14--508-6.0}
6.1 The MTSS framework and procedures shall include the tiers, types and duration of services and interventions described in subsections 6.1.1 and 6.1.3.3.
6.1.1 Tier 1 - Core classroom instruction which is aligned to Delaware adopted state standards and practices, shall be designed and delivered with fidelity to all students. Tier 1 core classroom instruction should be high quality, evidence-based or evidence-informed if non-academic, differentiated within flexible groupings and responsive to all students’ needs. A multiple-gating procedure shall be implemented as follows:
6.1.1.1 The first stage is a universal screening, which shall be conducted within the first 4 weeks of the school year or within 4 weeks of the student’s entry into school. Universal screening will take place at least 2 more times during the school year at spaced intervals. For students who are identified through universal screening as needing additional supports, a second stage of screening is conducted within the next 2 weeks to specify the areas of need.
6.1.1.2 The second stage involves additional data analysis to confirm that there are specific areas of need for Tier 2 supports.
6.1.1.3 If 20% of students in a classroom are not meeting benchmark on any instructional screening, a school-based team, which may be an existing team, including a building level administrator, shall meet to consider the need for additional classroom, instructional and systems-level supports and strategies.
6.1.1.4 Based on the results of the multiple-gating procedure, a problem-solving team shall design intervention plans for students who require Tier 2 support as described in subsection 6.1.2.
6.1.2 Tier 2 - Interventions shall be designed to be delivered in the student’s primary, scheduled education setting, by the student’s teacher or teachers, but may be delivered in other or additional settings or by other trained staff as appropriate to the specific intervention.
6.1.2.1 After no more than 6 to 8 school weeks of Tier 2 intervention, the problem-solving team shall conduct a review of the plan as described in Section 5.0 to determine whether additional assessments, as described in Section 4.0, are required, and whether changes to Tier 2 academic or non-academic methods are required; or the student should be provided Tier 3 intervention.
6.1.2.1.1 If a student has made significant progress and is now on a trajectory to meet end-of-year benchmarks, a student may continue in Tier 2 intervention or be excused from Tier 2 intervention.
6.1.2.1.2 After no more than 6 to 8 school weeks of Tier 2 intervention, the problem-solving team shall conduct a review of the plan as described in Section 5.0 to determine whether additional assessments are required, changes to Tier 2 academic or non-academic methods are required.
6.1.2.1.3 If a student has made no progress toward benchmarks, or has made progress but is not on a trajectory to meet end-of-year benchmarks, a student may continue in Tier 2 intervention with increased intensity (e.g. smaller group, increased time of academic or non-academic intervention) or receive Tier 3 interventions.
6.1.3 Tier 3 - Interventions shall be designed to be delivered in the student’s primary (scheduled) education setting, by the student’s teacher or teachers, but may be delivered in other or additional settings or by other trained staff as appropriate to the specific intervention.
6.1.3.1 After no more than 6 to 8 school weeks of Tier 3 intervention, the problem-solving team shall conduct a review of the plan as described in Section 5.0 to determine whether additional assessments are required, changes to Tier 3 academic or non-academic methods are required; or the student should be referred for an initial evaluation for special education.
6.1.3.2 If a student has made significant progress towards established targets, a student may continue in Tier 3 intervention with a new target or be provided Tier 2 intervention.
6.1.3.3 If a student has made no progress towards established targets, or has made progress, but is not on a trajectory to meet established targets, a student may continue in Tier 3 intervention with increased intensity (e.g. smaller group, increased time of academic or non-academic intervention) or be referred for an initial evaluation for special education services as outlined in Regulation 925.
**History**
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *24 DE Reg. 663 (01/01/21)*
- *26 DE Reg. 837 (04/01/23)*
##### **14 Del. Admin. Code § 508-7.0** Program Effectiveness {#sec-508-7.0 omnilex-key=us-de-regs-official--title-14--508-7.0}
LEAs shall provide a description of the methods used to implement and evaluate the effectiveness of the program upon the request of the Department.
**History**
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *26 DE Reg. 837 (04/01/23)*
- *24 DE Reg. 663 (01/01/21)*
- *26 DE Reg. 837 (04/01/23)*
### **525** Requirements for Career and Technical Education Programs of Study
##### **14 Del. Admin. Code § 525-1.0** Purpose {#sec-525-1.0 omnilex-key=us-de-regs-official--title-14--525-1.0}
The purpose of this regulation is to guide Local Education Agencies in establishing Career and Technical Education programs of study that are aligned to industry needs and provide equitable access, supports and outcomes for students in grades 5 to 12.
**History**
- *2 DE Reg. 111 (07/01/98)*
- *6 DE Reg. 955 (02/01/03)*
- *9 DE Reg. 1070 (01/01/06)*
- *12 DE Reg. 439 (10/01/08)*
- *12 DE Reg. 936 (01/01/09)*
- *15 DE Reg. 1147 (02/01/12)*
- *25 DE Reg. 404 (10/01/21)*
##### **14 Del. Admin. Code § 525-2.0** Definitions {#sec-525-2.0 omnilex-key=us-de-regs-official--title-14--525-2.0}
For purposes of this regulation, the following definitions apply unless the context in which they are used clearly indicates otherwise:
"Articulated Credit" means postsecondary credit, clock hours, or credit for prior learning experience awarded by a postsecondary institution as defined in an articulation agreement or memorandum of understanding which exists between the postsecondary institution and the Department of Education or local education agency.
"Career and Technical Education" or "CTE" means an organized set of educational activities that provide students with rigorous academic content, relevant technical knowledge and skills, and leadership development or provide students with the opportunity to participate in work-based learning and to earn a recognized postsecondary credential as well as advanced postsecondary credit or standing.
"Career and Technical Student Organization" or "CTSO" means a youth organization lead by students who are enrolled in a CTE program of study that provides CTE and leadership development activities as an integral part of the instructional program, including Delaware recognized CTSOs such as Business Professionals of America (BPA); Technology Student Association (TSA); DECA; Family, Career and Community Leaders of America (FCCLA); National FFA Organization; Skills USA; and Health Occupations Students of America (HOSA).
"Combined Delaware State Plan" means the Delaware State Plan under the Workforce Innovation and Opportunity Act of 2014 ("WIOA" or Public Law 113-128), which includes the state plan for the Strengthening Career and Technical Education for the 21st Century Act of 2019 ("Perkins V" or Public Law 115-224) to promote an aligned career pathways system that spans the administration of federal and state education and workforce development activities.
"CTE guidance" means guidance published by the Department of Education related to CTE, for example, policies and procedures for CTE programs of study, fiscal and accountability models, work-based learning, and CTSOs.
"CTE program of study" means a coordinated, non-duplicative sequence of academic and technical content that spans the middle grades, high school, and postsecondary education levels and seamlessly aligns academic and technical instruction to meet the prerequisite expectations of employers, has multiple entry and exit points, and culminates in the attainment of an industry recognized credential or postsecondary degree.
"Department" means the Delaware Department of Education.
"Dual Enrollment and Credit" means the simultaneous enrollment of youth in both a high school and a postsecondary institution and the award of credit at both the high school and postsecondary levels.
"Equitable access, supports and outcomes" means that every student, inclusive of their race, gender, ethnicity, language, disability, sexual orientation, family background or family income has access to the educational resources, rigor, and varied support that they need, at the right moment, to achieve their postsecondary education and career goals.
"ESSA" means the Every Student Succeeds Act (Public Law 114-95) to provide all children with the significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.
"Industry Recognized Credential" means an advanced certificate or license that holds value at the professional level, postsecondary level, in a Registered Apprenticeship program, or in an Associate or Baccalaureate degree program.
"Local Education Agency" or "LEA" means a traditional school district, vocational-technical school district, or Charter School, legally constituted and established under Delaware law for either administrative control or the direction of public elementary or secondary schools.
"Postsecondary" means education, training, or career experiences that occur after high school.
"Pre-Apprenticeship Program" means a program or set of strategies designed to prepare individuals to enter and succeed in a Registered Apprenticeship program and also provides advance standing in a Registered Apprenticeship program for up to three years after successful completion.
"Program Advisory Committee" means a diverse body of stakeholders including, but not limited to, representatives of: LEA CTE programs, postsecondary CTE programs, business and industry, parents and caregivers, students, and special populations as defined in Perkins V.
"Registered Apprenticeship program" means an employer-driven education and training model that combines compensated employment, on-the-job training, and related technical instruction, which culminates in a nationally recognized industry credential or journeyperson certificate.
"Perkins V" means the Strengthening Career and Technical Education for the 21st Century Act of 2019 ("Perkins V" or Public Law 115-224) which develops more fully the academic knowledge and technical and employability skills of secondary and postsecondary education students who are enrolled in CTE programs of study.
"Student Success Plan" means a written plan developed by youth to establish and evaluate progress towards postsecondary education and career goals based on the individual's career interests. The Student Success Plan typically spans 8th grade through one year beyond high school.
"WIOA" means the Workforce Innovation and Opportunity Act of 2014 ("WIOA" or Public Law 113-128) which strengthens the United States workforce development system through innovation and the alignment and improvement of employment, training, and education programs to promote individual and national economic growth.
"Work-Based Learning" means a progressive approach to link education and employment through student, school, and employer partnerships which occur through career awareness, career exploration, and career immersion experiences.
"Youth Registered Apprenticeship program" means a Registered Apprenticeship program occurring in high school.
**History**
- *2 DE Reg. 111 (07/01/98)*
- *6 DE Reg. 955 (02/01/03)*
- *9 DE Reg. 1070 (01/01/06)*
- *12 DE Reg. 439 (10/01/08)*
- *12 DE Reg. 936 (01/01/09)*
- *15 DE Reg. 1147 (02/01/12)*
- *25 DE Reg. 404 (10/01/21)*
##### **14 Del. Admin. Code § 525-3.0** Career and Technical Education Programs of Study {#sec-525-3.0 omnilex-key=us-de-regs-official--title-14--525-3.0}
3.1 CTE programs of study must be established in accordance with requirements outlined in the Combined Delaware State Plan and be approved via CTE guidance established by the Department.
3.2 CTE programs of study must meet the criteria in subsections 3.2.1 through 3.2.13 of this regulation, and shall:
3.2.1 Align with current or real-time labor market information or projected labor market demands as evidenced by data, which is reflective of the state, regional, and local economies;
3.2.2 Be developed by the Department or an LEA in conjunction with relevant stakeholder groups, including postsecondary institutions, employers, and other industry, community, family, caregiver, and student partners;
3.2.3 Integrate academic, technical, and employability skills to inform curriculum and assessment as well as culturally responsive instructional strategies;
3.2.4 Support opportunities for discovery and development of student identity and assets;
3.2.5 Provide opportunities to earn early postsecondary credit through articulated credit, pre-apprenticeship and Registered Apprenticeship programs, or dual enrollment and credit experiences;
3.2.6 Create intentional paths to accelerate the completion of a postsecondary credential or degree and align to credit for prior learning policy at the postsecondary level;
3.2.7 Provide opportunities to earn an industry recognized credential, where relevant and appropriate;
3.2.8 Provide opportunities to engage in work-based learning with industry professionals through career awareness, career exploration, and career immersion activities that occur during the school day or through an alternative schedule;
3.2.9 Provide differentiated instruction and support services through a multi-tiered system of supports to meet the needs of every student and provide equitable access, supports, and outcomes;
3.2.10 Connect and extend in-school learning opportunities with out-of-school learning to create opportunities for youth to engage in the community and with employers beyond the CTE program of study;
3.2.11 Provide CTSOs as co-curricular opportunities to support career development experiences as well as to demonstrate and refine technical knowledge and skills, and exhibit leadership;
3.2.12 Provide opportunities for in-person, virtual, or hybrid instruction to accommodate the needs of every learner; and
3.2.13 Be reviewed and revised, at minimum, every five years, to reflect shifts in the labor market, new industry standards or practices, and demonstrated student needs.
**History**
- *2 DE Reg. 111 (07/01/98)*
- *6 DE Reg. 955 (02/01/03)*
- *9 DE Reg. 1070 (01/01/06)*
- *12 DE Reg. 439 (10/01/08)*
- *12 DE Reg. 936 (01/01/09)*
- *15 DE Reg. 1147 (02/01/12)*
- *25 DE Reg. 404 (10/01/21)*
##### **14 Del. Admin. Code § 525-4.0** Requirements for Local Education Agencies {#sec-525-4.0 omnilex-key=us-de-regs-official--title-14--525-4.0}
4.1 LEAs offering CTE programs of study must meet the requirements outlined in the Combined Delaware State Plan and follow the CTE guidance established by the Department.
4.2 LEAs offering CTE programs of study must meet the criteria in subsections 4.2.1 through 4.2.4 of this regulation, and shall:
4.2.1 Leverage quantitative and qualitative data to allocate human and fiscal resources and to provide equitable access, supports and outcomes for youth, and shall:
4.2.1.1 Support every student's access, participation, achievement, and completion of a high quality CTE program of study in accordance with Section 3.0 of this regulation;
4.2.1.2 Implement a system of student advisement and coaching that supports the development of student identity and enrollment in an aligned CTE program of study to help youth to achieve their postsecondary and career goals that are defined in the Student Success Plan and to meet the requirements of 14 DE Admin. Code 507;
4.2.1.3 Implement procedures to determine when a student requires evidence-based interventions within a multi-tiered system of supports to meet the requirements of 14 DE Admin. Code 508;
4.2.1.4 Collect and submit federal and state student and accountability data, as required under the Combined Delaware State Plan and ESSA, and as requested by the Department; and
4.2.1.5 Establish communication and engagement routines with postsecondary institutions, employers, community, caregivers, and student partners in order to promote and improve CTE program of study quality, and to improve equitable outcomes for students.
4.2.2 Establish CTE programs of study that meet the requirements in Section 3.0 of this regulation, and shall:
4.2.2.1 Analyze local policies and procedures, ESSA and Perkins student enrollment, achievement, and placement data by special population and subgroup to identify inequities and to implement research-based strategies that close opportunity gaps;
4.2.2.2 Create and manage articulated credit agreements, pre-apprenticeship and Registered Apprenticeship models, dual enrollment and credit opportunities, or other opportunities that lead to the completion of an industry recognized credential or degree program or credit for prior learning at the postsecondary level;
4.2.2.3 Create and manage opportunities for students to earn an industry recognized credential;
4.2.2.4 Expand and manage opportunities for students to engage with industry and community professionals through work-based learning and related career awareness, career exploration, and career immersion activities;
4.2.2.5 Establish program advisory committees to ensure CTE programs of study are aligned with real-time labor market information or projected labor market demands as evidenced by data that is reflective of the state, regional, and local economies;
4.2.2.6 Ensure CTE programs of study facilities, equipment, and supplies are fully accessible and in compliance with federal, state, and local health and safety requirements and are comparable to those used by business and industry; and
4.2.2.7 Ensure CTSOs are co-curricular and enroll youth to provide additional skill and leadership development opportunities.
4.2.3 Ensure that CTE educators hold an appropriate Delaware license and certification in alignment with the CTE program of study and in accordance with the Delaware regulation for educator licensure and certification to meet the requirements of 14 DE Admin. Code 1500, and to participate in high quality and on-going professional learning that creates equitable learning environments, including those opportunities offered through the Department; and
4.2.4 Designate federal and state CTE funds to implement, support, and maintain CTE programs of study.
**History**
- *2 DE Reg. 111 (07/01/98)*
- *6 DE Reg. 955 (02/01/03)*
- *9 DE Reg. 1070 (01/01/06)*
- *12 DE Reg. 439 (10/01/08)*
- *12 DE Reg. 936 (01/01/09)*
- *15 DE Reg. 1147 (02/01/12)*
- *25 DE Reg. 404 (10/01/21)*
##### **14 Del. Admin. Code § 525-5.0** Work-Based Learning {#sec-525-5.0 omnilex-key=us-de-regs-official--title-14--525-5.0}
5.1 Work-based learning opportunities must be established in accordance with requirements outlined in the Combined Delaware State Plan and follow the CTE guidance established by the Department.
5.2 CTE programs of study must meet the criteria in subsections 5.2.1 through 5.2.13 of this regulation, and LEAs shall:
5.2.1 Analyze local policies and procedures, ESSA and Perkins student enrollment, achievement, and placement data by special population and subgroup to identify work-based learning inequities and implement research-based strategies that close opportunity gaps;
5.2.2 Offer career awareness and exploration activities that expand the student's knowledge of career opportunities and support the exploration of careers that are non-traditional based on student identity;
5.2.3 Offer career immersion experiences that result in the award of high school credit and include both in-school experiences and other types of hands-on learning through direct employer engagement;
5.2.4 Ensure students enrolled in work-based learning career immersion experiences are rising seniors or current seniors that have completed a CTE program of study or are currently enrolled in the CTE program of study completer course;
5.2.5 Ensure work-based learning career immersion experiences align with the student's CTE program of study and postsecondary education and career goals as defined in the Student Success Plan to meet the requirements for 14 DE Admin. Code 507;
5.2.6 Support work-based learning career immersion experiences for students whose education is guided by an Individualized Education Program (IEP) or a Section 504 or ADA accommodation plan and aligned with the student's career goals as approved in the IEP or by the multidisciplinary team and is implemented in consultation with the CTE program of study educator;
5.2.7 Ensure work-based learning students are prepared for the career immersion placements, as defined in the Delaware work-based learning standards and the prerequisite expectations of employer partners;
5.2.8 Ensure the safety and intended learning outcomes of the student are coordinated and managed by the LEA in conjunction with the partnering employer and communicated with the family or caregiver;
5.2.9 Provide a certified CTE educator or trained work-based learning coordinator with the equivalent of one full working day each academic quarter to make quarterly virtual or in-person visits to the career immersion student employee's worksite for every fifteen (15) students enrolled in a work-based learning career immersion experience;
5.2.10 Ensure that student career immersion experiences conform with federal, state, and local laws and regulations, and ensure that youth are compensated fairly, and are not paid a wage at a rate less than the rate at which a student employee of a varying gender, race or ethnicity or special population in the same establishment is paid for equal work, or for which requires equal skill, effort and responsibility, or which is performed under similar working conditions;
5.2.11 Maintain copies of all required documentation required by federal, state, and local labor laws and regulations for work-based learning career immersion experiences;
5.2.12 Award high school credit and credit for prior learning for work-based learning career immersion experiences; and
5.2.13 Collect and submit student work-based learning data as required under the Combined Delaware State Plan and ESSA, and as requested by the Department.
**History**
- *2 DE Reg. 111 (07/01/98)*
- *6 DE Reg. 955 (02/01/03)*
- *9 DE Reg. 1070 (01/01/06)*
- *12 DE Reg. 439 (10/01/08)*
- *12 DE Reg. 936 (01/01/09)*
- *15 DE Reg. 1147 (02/01/12)*
- *25 DE Reg. 404 (10/01/21)*
### **540** Driver Education
##### **14 Del. Admin. Code § 540** Driver Education {#sec-540 omnilex-key=us-de-regs-official--title-14--540}
Curriculum and Instruction
540 Driver Education
1.0 Eligibility for Driver Education
1.1 A student enrolled in a Delaware public school or nonpublic school (private and homeschool) and who is a resident of Delaware is entitled to free driver education one time only. Students who are not successful in their initial driver education course may register in any of the adult driver education programs for a fee.
1.21.1 For a student with an active Individual Education Program (IEP), the Individualized Education Program Team, in consultation with the Driver Education teacher, may make accommodations to the Driver Education program, including but not limited to, allowing multiple opportunities to take the driver education course, delaying the course until the 11th or 12th grade, taking the course across two semesters and offering specialized instruction and related services through the student's Individual Education Program (IEP).
1.1.2 A student who is receiving special education services under an active Individual Education Program (IEP) shall be authorized until the age of 21 to complete the driver education certification.
1.1.3 A student with an active IEP retaking the driver education course because of failing the initial driver education course shall not be required to pay a fee for taking the course additional times.
1.2 Nothing in this regulation shall alter a school's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a school from providing driver education to such students.
1.3 Delaware students who are residents attending school out of state as 10th graders, students in excess of the September 30th unit allotment, students attending private schools in the state with 10th grade enrollments of less than twenty-five homeschooled students and any student approved by the Secretary as an exceptional case are entitled to attend summer driver education without charge. Districts shall notify all nonpublic and public high schools in their district by May 1st annually as to the location of the nearest summer driver education program. Summer Driver Education shall be offered between June 10 and August 31 and each request for free tuition must be approved by the Secretary of Education through the Director overseeing driver education.
1.4 Adult Driver Education programs, when offered, shall follow the same regulations established for the high school and the summer programs. The adult programs are available to any individual for a fee through a local school district in each county. The cost per student for adult driver education will be determined by the Department of Education.
12 DE Reg. 670 (11/01/08)
16 DE Reg. 1070 (04/01/13)
2.0 Requirements for Class Time
2.1 The driver education course shall include a minimum of forty four (44) class hours of instruction consisting of thirty (30) class hours of classroom instruction, seven (7) class hours of in the car behind the wheel laboratory instruction and seven (7) hours of actual observation in the car. The class hours must not be less than forty five (45) minutes each. For those schools with varying class schedules the minimum classroom instruction must be no less than one thousand three hundred fifty (1350) minutes and behind the wheel laboratory instruction no less than three hundred fifteen (315) minutes.
2.2 Driving simulators may be substituted for the required hours of behind the wheel laboratory instruction but only up to three (3) hours of time at the ratio of four (4) hours of driving simulation to one (1) hour of actual behind the wheel laboratory instruction.
2.3 Off the street driving ranges or multiple driving ranges that are off the street may be substituted for actual behind the wheel laboratory instruction up to three (3) hours time at the ratio of two (2) hours of range instruction time to one (1) hour of actual behind the wheel laboratory instruction time.
2.4 Driving simulation and off the street driving range time shall not be taken from or cause a reduction of classroom instruction time.
2.5 Driving simulation and off the street driving range time shall not be substituted for more than one half (1/2) of the total required seven (7) hours of actual behind the wheel laboratory instruction and only at the ratios defined in 2.0. This includes individually or in any combination.
3.0 Curriculum
The Driver Education teachers shall use the statewide curriculum for driver education developed by the Department of Education for classroom instruction and behind the wheel laboratory instruction time. Teachers should include student activities requiring reading, writing and research as part of the Driver Education curriculum.
4.0 Final Grades
4.1 Final grades for the forty four hour driver education course shall be either pass or fail. Schools may grant one fourth (1/4) credit for successful completion of the minimum hours in both the classroom and the behind the wheel laboratory experience. The one fourth of a credit for driver education may be included as part of the elective credits counted toward graduation.
4.2 Pass or Fail grades must be received by the Department of Education no later than June 30th for Regular Driver Education Programs and August 31st for Summer Driver Education Programs. Final grades will be maintained by the Department for a seven year period.
5.0 Use of Driver Education Cars
Automobiles purchased, leased from Fleet Services or leased directly from a dealership using state funds allocated for driver education shall be used solely for the instruction of students enrolled in Driver Education; except that a school district or charter school may permit a driver education teacher to drive such automobile to and from the teacher's place of residence when the school district or charter school determines that it would be unsafe to store the automobile overnight at the school. The Director overseeing driver education shall assign private school driver education teachers a state parking location to store the vehicle overnight when it appears that it would be unsafe to store the automobile overnight at the school.
12 DE Reg. 670 (11/01/08)
16 DE Reg. 1070 (04/01/13)
6.0 Scheduling of Driver.
All public and private high schools with twenty five or more enrolled 10th grade students shall offer Driver Education as part of the curriculum.
1 DE Reg. 964 (1/1/98)
6 DE Reg. 773 (12/1/02)
10 DE Reg. 1587 (04/01/07)
12 DE Reg. 670 (11/01/08)
16 DE Reg. 1070 (04/01/13)
### **545** K to 12 School Counseling Programs
##### **14 Del. Admin. Code § 545-1.0** Content {#sec-545-1.0 omnilex-key=us-de-regs-official--title-14--545-1.0}
Pursuant to 14 Del.C. §§1716E, 1716F, and 1716H, this regulation sets forth the requirement that Delaware public schools implement a school counseling program and submit a plan to the Department in order to ensure the mental health services unit and funding is used in accordance with the law.
**History**
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
##### **14 Del. Admin. Code § 545-2.0** Definitions {#sec-545-2.0 omnilex-key=us-de-regs-official--title-14--545-2.0}
"American School Counselor Association" or “ASCA” means the national organization that supports school counselors' efforts to help students focus on academic, career and social and emotional development so they achieve success in school and are prepared to lead fulfilling lives as responsible members of society.
"ASCA National Model" means a framework for implementing a comprehensive, data driven school counseling program. The model identifies K-12 College-, Career-, and Life-Readiness Standards for every student in the domains of academic, career and social and emotional development. The model is made up of 4 components: Define, Manage, Deliver and Assess.
"Department" means the Delaware Department of Education.
**History**
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
##### **14 Del. Admin. Code § 545-3.0** School Counseling Programs and Written Plans {#sec-545-3.0 omnilex-key=us-de-regs-official--title-14--545-3.0}
3.1 Every school shall implement a comprehensive school counseling program aligned with the American School Counselor Association's (ASCA) National Model.
3.2 Every school shall have a written plan, using the model templates provided by the Department, for the school counseling program that:
3.2.1 Is implemented by a school counselor who is licensed and certified in accordance with 14 Del.C. Ch. 12.
3.2.2 Utilizes nationally recognized student standards as defined by the ASCA National Model.
3.2.3 Aligns vertically K-12 within the district or charter school.
3.2.4 Contains all 4 components of the ASCA National Model as follows:
3.2.4.1 The Define component, which consists of the ASCA Mindsets and Behavior Standards for Student Success, ASCA Ethical Standards for School Counselors and the ASCA School Counselor Professional Standards and Competencies.
3.2.4.2 The Manage component, which provides organizational tools and assessments designed to guide, target, structure and construct a school counseling program to get results.
3.2.4.3 The Deliver component, which defines the methods school counselors use to provide activities and services to students and for students through the 2 broad categories of direct and indirect services.
3.2.4.4 The Assess component, which ensures regular analysis of data to determine program effectiveness in measurable terms and inform program decisions.
3.2.5 Is on file in the school.
3.2.6 Is reviewed annually and updated by the school counselor in collaboration with the school counselor's building administrator and district or charter school supervisor.
**History**
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
##### **14 Del. Admin. Code § 545-4.0** Reporting Requirements and Timelines {#sec-545-4.0 omnilex-key=us-de-regs-official--title-14--545-4.0}
4.1 Annually, by August 15, every school shall electronically submit their plan to the Department, except as provided in subsections 4.1.1 and 4.1.2. The plans shall reflect any updates pursuant to subsection 3.2.6.
4.1.1 For any school where there is only 1 school counselor and that school counselor's start date is after August 1, that school's plan will be due by August 15 of the following year.
4.1.2 For any newly opened school, their school counseling plan submissions will start the August following their first year of operation.
4.2 The Department may periodically monitor for alignment to the requirements in Section 3.0.
**History**
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
##### **14 Del. Admin. Code § 545-5.0** Effective Date for Charter Schools {#sec-545-5.0 omnilex-key=us-de-regs-official--title-14--545-5.0}
The requirements of this regulation shall apply to charter schools effective August 15, 2026. Beginning with the August 15, 2026 submission, every charter school shall be subject to the requirements of this regulation.
**History**
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *28 DE Reg. 290 (10/01/24)*
- *3 DE Reg. 1546 (05/01/00)*
- *8 DE Reg. 1606 (05/01/05)*
- *14 DE Reg. 29 (07/01/10)*
- *19 DE Reg. 305 (10/01/15)*
- *23 DE Reg. 299 (10/01/19)*
- *28 DE Reg. 290 (10/01/24)*
- *28 DE Reg. 577 (02/01/25)*
### **551** K to 12 Comprehensive Health Education Program
##### **14 Del. Admin. Code § 551-1.0** Definitions {#sec-551-1.0 omnilex-key=us-de-regs-official--title-14--551-1.0}
In this regulation, the following terms and words shall have the following meaning unless the context clearly indicates otherwise:
“Consent” means the unambiguous, voluntary, and freely given agreement by all participants in each physical act in the course of sexual activity, including respect for personal boundaries. Consent does not include any of the following: (a) the lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another individual in fear or (b) a current or previous dating, social or sexual relationship.
“Department” means the Delaware Department of Education.
“Evidence-based” means strategies, activities, or approaches, which have been shown through scientific research and evaluation to be effective at preventing or delaying a negative outcome.
“Promising Practices” means programs and strategies that have strong quantitative and qualitative data showing positive outcomes, but does not yet have enough research or replication to support generalizable outcomes.
**History**
- *23 DE Reg. 756 (03/01/20)*
- *3 DE Reg. 1073 (02/01/00)*
- *8 DE Reg. 1012 (01/01/05)*
- *13 DE Reg. 935 (01/01/10)*
- *17 DE Reg. 425 (10/01/13)*
- *18 DE Reg. 369 (11/01/14)*
- *23 DE Reg. 756 (03/01/20)*
##### **14 Del. Admin. Code § 551-2.0** Program Requirements {#sec-551-2.0 omnilex-key=us-de-regs-official--title-14--551-2.0}
2.1 Each school district and charter school shall have a sequential, skill-based K to 12 Comprehensive Health Education Program based on the Delaware Health Education Standards. The program shall establish a foundation of understanding the relationship between personal behavior and health outcomes, and shall include at a minimum the following:
2.1.1 Identification of a district-level person to coordinate the district program and a coordinator in each school to assure compliance at the school level. Each charter school shall identify a person to facilitate the program for the charter school.
2.1.2 Appointment of persons such as teachers, parents, school nurses, community leaders, guidance counselors, law enforcement officers and others with expertise in the areas of health, family life and safe and drug-free schools and communities to serve as members of the district, school or charter school Consolidated Application Planning Committee.
2.1.3 The use of the state content standards for health education for grades K to 12 to address the core concepts: tobacco, alcohol and other drugs, injury prevention and safety, nutrition and physical activity, family life and sexuality, personal health and wellness, mental health and community and environmental health with minimum hours of instruction as follows:
2.1.3.1 In grades K to 4, a minimum of thirty (30) hours in each grade of comprehensive health education and family life education of which at least ten (10) hours, in each grade, must address drug and alcohol education.
2.1.3.2 In grades 5 and 6, a minimum of thirty five (35) hours in each grade of comprehensive health education and family life education of which at least fifteen (15) hours, in each grade, must address drug and alcohol education.
2.1.3.3 In grades 7 and 8, separate from other subject areas, a minimum of sixty (60) hours of comprehensive health education and family life education of which at least fifteen (15) hours, in each grade, must address drug and alcohol education. If all of the sixty (60) hours are provided in one year in grade 7 or 8, an additional fifteen (15) hours of drug and alcohol education must be provided in the other grade.
2.1.3.4 In grades 9 to 12, one half (1/2) credit of comprehensive health education is required for graduation of which at least fifteen (15) hours of this 1/2 credit course must address drug and alcohol education. In addition, no less than two (2) hours of this 1/2 credit course shall include a cardiopulmonary resuscitation (CPR) instructional program which uses the most current Evidence-based emergency cardiovascular care guidelines, and incorporates psychomotor skills learning into the instruction, use of an Automated External Defibrillator (AED) as well as a component on the life-saving and life-enhancing effects of organ and tissue donation. This 1/2 credit course may be provided in the 9th, 10th, 11th or 12th grade. In each of the remaining three grades, fifteen (15) hours of drug and alcohol education must be provided for all students.
2.1.4 Inclusion of a comprehensive sexuality education and an HIV prevention program that stresses the benefits of abstinence from high-risk behaviors.
2.1.5 Inclusion of the core concepts of nutrition, family life and sexuality.
2.1.6 Inclusion of research-based fire safety education in grades kindergarten through grade 6.
2.1.7 Inclusion of an Evidence-based tobacco, alcohol, drug and interpersonal violence prevention program. Promising Practices may be used to supplement instruction.
2.1.7.1 The Department shall prepare and distribute on its website a list of Evidence-based and Promising Practices for tobacco, alcohol, drug, and interpersonal violence prevention programs and resources that may be used by school districts or charter schools.
2.1.7.2 A description of the method or methods used to implement and review for the effectiveness of the program or programs shall be reported to the Department no later than August 2021.
2.1.8 Inclusion of Evidence-based, if available, or evidence-informed, age- and developmentally-appropriate instruction on the meaning of Consent and respecting others’ personal boundaries shall be provided by each school district and charter school serving one (1) or more of the grades 7 through 12 no later than the 2020-2021 school year.
2.1.9 Inclusion of instructional methods that encourage student engagement in the core concepts and skills inclusive of accessing information, self-management, analyzing internal and external influences, interpersonal communication, decision making, goal setting and advocacy. These methods may include guest speakers or those with lived experience. Topics included in the K to 12 Comprehensive Health Program may be taught or supplemented through other subjects.
2.1.10 A description of the method or methods used to implement and evaluate the effectiveness of the program shall be reported to the Department annually by November 15.
**History**
- *23 DE Reg. 756 (03/01/20)*
- *3 DE Reg. 1073 (02/01/00)*
- *8 DE Reg. 1012 (01/01/05)*
- *13 DE Reg. 935 (01/01/10)*
- *17 DE Reg. 425 (10/01/13)*
- *18 DE Reg. 369 (11/01/14)*
- *23 DE Reg. 756 (03/01/20)*
## **600** School Climate and Discipline
### **601** Schools and Law Enforcement Agencies
##### **14 Del. Admin. Code § 601-1.0** Purpose {#sec-601-1.0 omnilex-key=us-de-regs-official--title-14--601-1.0}
The purpose of this regulation is to ensure that effective communication and working relationships exist between public schools and law enforcement agencies.
**History**
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *16 DE Reg. 838 (02/01/13)*
- *26 DE Reg. 685 (02/01/23)*
- *11 DE Reg. 741 (12/01/07)*
- *16 DE Reg. 838 (02/01/13)*
- *22 DE Reg. 52 (07/01/18)*
- *22 DE Reg. 161 (08/01/18)*
- *26 DE Reg. 685 (02/01/23)*
##### **14 Del. Admin. Code § 601-2.0** Definitions {#sec-601-2.0 omnilex-key=us-de-regs-official--title-14--601-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Alternative Program" mean a program established pursuant to 14 Del.C., Chapter 16.
"School Employee" means all persons 18 years of age or older hired by a school district, attendance zone, or charter school; subcontractors such as bus drivers or security guards; employees of an Alternative Program provider; substitute employees; and persons hired by or subcontracted by other state agencies to work on school property. This definition shall be consistent with 14 Del.C. §4112.
**History**
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *16 DE Reg. 838 (02/01/13)*
- *26 DE Reg. 685 (02/01/23)*
- *11 DE Reg. 741 (12/01/07)*
- *16 DE Reg. 838 (02/01/13)*
- *22 DE Reg. 52 (07/01/18)*
- *22 DE Reg. 161 (08/01/18)*
- *26 DE Reg. 685 (02/01/23)*
##### **14 Del. Admin. Code § 601-3.0** Written Policy and Memorandum of Agreement (MOA) {#sec-601-3.0 omnilex-key=us-de-regs-official--title-14--601-3.0}
3.1 All local school districts, charter schools, and Alternative Programs shall establish a written policy on effectively communicating and working with law enforcement agencies. Each school district, charter school and Alternative Program shall develop a MOA with each law enforcement agency which provides services to it. Each MOA shall be in a form substantially similar to a Model MOA as developed, approved and revised as needed by the Department of Education.
3.2 The Department of Education shall review the Model MOA, and each school district, charter school, or Alternative Program shall review its current MOA at least once every 3 years.
**History**
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *16 DE Reg. 838 (02/01/13)*
- *26 DE Reg. 685 (02/01/23)*
- *11 DE Reg. 741 (12/01/07)*
- *16 DE Reg. 838 (02/01/13)*
- *22 DE Reg. 52 (07/01/18)*
- *22 DE Reg. 161 (08/01/18)*
- *26 DE Reg. 685 (02/01/23)*
##### **14 Del. Admin. Code § 601-4.0** Training Component {#sec-601-4.0 omnilex-key=us-de-regs-official--title-14--601-4.0}
4.1 Any school administrator responsible for reporting school crimes or reporting school conduct incidents to law enforcement and to the Department of Education; or any school administrator responsible for reporting suspension and expulsion data to the Department of Education; or any school administrator responsible for any disciplinary process involving staff or students shall complete Department of Education approved training and any such additional training the Department of Education may prescribe.
4.2 The approved training shall be primarily provided by staff at the Department of Education. The training may be provided by a school administrator at the district, charter school, or Alternative Program who is qualified to provide such training by having completed the Department of Education approved training within the last 24 months. The district, charter school, or Alternative Program shall provide the names of trainers conducting the training and the names of school administrators attending the training if such training was provided by the district, charter school, or Alternative Program.
4.3 Each school district, charter school, and Alternative Program shall, at the time of hiring and at the beginning of each school year thereafter, advise each School Employee of the duty to report school crimes and the penalty for failure to so report as prescribed in 14 Del.C. §4112 (e).
**History**
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *16 DE Reg. 838 (02/01/13)*
- *26 DE Reg. 685 (02/01/23)*
- *11 DE Reg. 741 (12/01/07)*
- *16 DE Reg. 838 (02/01/13)*
- *22 DE Reg. 52 (07/01/18)*
- *22 DE Reg. 161 (08/01/18)*
- *26 DE Reg. 685 (02/01/23)*
##### **14 Del. Admin. Code § 601-5.0** Reporting of Crimes to the Delaware Department of Education {#sec-601-5.0 omnilex-key=us-de-regs-official--title-14--601-5.0}
The principal or head administrator of each school, charter school, and Alternative Program, or the principal's or head administrator's designee, shall ensure each school within the principal's or head administrator's jurisdiction reports to the Department of Education all school crimes required to be reported pursuant to 14 Del.C. §4112, and any subsequent amendment thereto. Such reports shall be submitted in a format as designated by the Department of Education and filed with the Department of Education within the time prescribed by Delaware statutes.
**History**
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *16 DE Reg. 838 (02/01/13)*
- *26 DE Reg. 685 (02/01/23)*
- *11 DE Reg. 741 (12/01/07)*
- *16 DE Reg. 838 (02/01/13)*
- *22 DE Reg. 52 (07/01/18)*
- *22 DE Reg. 161 (08/01/18)*
- *26 DE Reg. 685 (02/01/23)*
##### **14 Del. Admin. Code § 601-6.0** Reporting Specific Incidents of Misconduct {#sec-601-6.0 omnilex-key=us-de-regs-official--title-14--601-6.0}
6.1 In addition to those school crimes required to be reported to law enforcement pursuant to 14 Del.C. §4112, the principal or head administrator of each school, charter school, and Alternative Program, or the principal's or head administrator's designee, shall report to the Department of Education when any incidents of misconduct as defined in subsections 6.1.1 through 6.1.14 occur on school property or at a school function except subsection 6.1.6.1 which must be reported to the Department of Education regardless of origin of the speech. Such reports shall be submitted in a format as designated by the Department of Education and filed with the Department of Education not later than 5 working days following the incident.
6.1.1 Pornography, possession and production
6.1.2 Criminal mischief (vandalism)
6.1.3 Tampering with public records
6.1.4 Alcohol, possession and use
6.1.5 Felony theft
6.1.6 Bullying (allegations and substantiated incidents)
6.1.6.1 Cyberbullying (allegations and substantiated incidents) as defined in 14 DE Admin. Code 624, subsection 2.1.
6.1.7 Offensive Touching (student or employee victim)
6.1.8 Terroristic Threatening (student or employee victim)
6.1.9 Sexual Harassment
6.1.10 Fighting
6.1.11 Inhalants
6.1.12 Drug Paraphernalia
6.1.13 Teen Dating Violence
6.1.14 Unlawful Drug Use or Influence
**History**
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *16 DE Reg. 838 (02/01/13)*
- *26 DE Reg. 685 (02/01/23)*
- *11 DE Reg. 741 (12/01/07)*
- *16 DE Reg. 838 (02/01/13)*
- *22 DE Reg. 52 (07/01/18)*
- *22 DE Reg. 161 (08/01/18)*
- *26 DE Reg. 685 (02/01/23)*
##### **14 Del. Admin. Code § 601-7.0** Compliance Component {#sec-601-7.0 omnilex-key=us-de-regs-official--title-14--601-7.0}
A school that fails to comply with the reporting mandates as set forth herein shall be subject to identification as a "Persistently Dangerous School" as this term is defined in 14 DE Admin. Code 608. A school identified as a Persistently Dangerous School will retain that designation for the entire fiscal year.
**History**
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *26 DE Reg. 685 (02/01/23)*
- *16 DE Reg. 838 (02/01/13)*
- *26 DE Reg. 685 (02/01/23)*
- *11 DE Reg. 741 (12/01/07)*
- *16 DE Reg. 838 (02/01/13)*
- *22 DE Reg. 52 (07/01/18)*
- *22 DE Reg. 161 (08/01/18)*
- *26 DE Reg. 685 (02/01/23)*
### **603** Compliance with the Gun-Free Schools Act
##### **14 Del. Admin. Code § 603-1.0** Content {#sec-603-1.0 omnilex-key=us-de-regs-official--title-14--603-1.0}
Pursuant to 14 Del.C. §122(b)(2), this regulation provides the written policy requirements to implement the Gun-Free Schools Act (20 U.S.C. §7961) and the reporting requirements for Delaware public schools.
**History**
- *27 DE Reg. 968 (06/01/24)*
- *27 DE Reg. 968 (06/01/24)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *1 DE Reg. 1976 (06/01/98)*
- *7 DE Reg. 333 (09/01/03)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
##### **14 Del. Admin. Code § 603-2.0** Definitions {#sec-603-2.0 omnilex-key=us-de-regs-official--title-14--603-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education established pursuant to 14 Del.C. §101.
"Firearm" has the same meaning given such term in the Gun-Free Schools Act (20 U.S.C. §7961(b)(3).
**History**
- *27 DE Reg. 968 (06/01/24)*
- *27 DE Reg. 968 (06/01/24)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *1 DE Reg. 1976 (06/01/98)*
- *7 DE Reg. 333 (09/01/03)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
##### **14 Del. Admin. Code § 603-3.0** Written Policy Required {#sec-603-3.0 omnilex-key=us-de-regs-official--title-14--603-3.0}
3.1 Each school district and charter school shall have a written policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457A or its successor statute. At a minimum, the policy must contain the following elements:
3.1.1 A student who is determined to have brought a firearm to school, or to have possessed a firearm at school, shall be expelled for not less than 1 school year.
3.1.2 Pursuant to 11 Del.C. §1457A(f), modification to the expulsion requirement may be made on a case by case basis by the local school board or charter school board of directors. Any modification to the expulsion requirement must be reported to the Department.
3.2 A copy of the school district's or charter school's current policy shall be in the school district or charter school's Student Handbook or Code of Conduct.
**History**
- *27 DE Reg. 968 (06/01/24)*
- *27 DE Reg. 968 (06/01/24)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *1 DE Reg. 1976 (06/01/98)*
- *7 DE Reg. 333 (09/01/03)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
##### **14 Del. Admin. Code § 603-4.0** Submission of Information to the Department {#sec-603-4.0 omnilex-key=us-de-regs-official--title-14--603-4.0}
4.1 Each school district and charter school shall submit the following to the Department:
4.1.1 An electronic copy of its policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457A or its successor statute; and
4.1.2 An electronic copy of any revised policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457A or its successor statute within 90 days of such revision regardless of whether revisions were made as a result of changes to federal, state or local law, regulations, guidance or policies; and
4.1.3 Description of the circumstances surrounding expulsions imposed under 11 Del.C. §1457A or its successor statute. The description must include all of the following:
4.1.3.1 The name of the school;
4.1.3.2 The number of students expelled from the school; and
4.1.3.3 The type of firearms.
**History**
- *27 DE Reg. 968 (06/01/24)*
- *27 DE Reg. 968 (06/01/24)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *1 DE Reg. 1976 (06/01/98)*
- *7 DE Reg. 333 (09/01/03)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
##### **14 Del. Admin. Code § 603-5.0** Individuals with Disabilities Act {#sec-603-5.0 omnilex-key=us-de-regs-official--title-14--603-5.0}
Nothing in this regulation shall alter a district or charter school's duties pursuant to the Individuals with Disabilities Education Act.
**History**
- *27 DE Reg. 968 (06/01/24)*
- *27 DE Reg. 968 (06/01/24)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
- *1 DE Reg. 1976 (06/01/98)*
- *7 DE Reg. 333 (09/01/03)*
- *12 DE Reg. 325 (09/01/08)*
- *23 DE Reg. 368 (11/01/19)*
- *27 DE Reg. 968 (06/01/24)*
### **608** Unsafe School Choice Option Policy
##### **14 Del. Admin. Code § 608-1.0** Purpose {#sec-608-1.0 omnilex-key=us-de-regs-official--title-14--608-1.0}
The State receives funds under Title 20, Chapter 70 of the United States Code (Strengthening and Improvement of Elementary and Secondary Schools) and, as a result, is required to establish and implement an unsafe school choice policy in accordance with 20 U.S.C. § 7912(a). Pursuant to 14 Del.C. §122(b)(2), this regulation sets forth the State's unsafe school choice policy.
**History**
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *7 DE Reg. 67 (07/01/03)*
- *12 DE Reg. 62 (07/01/08)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
##### **14 Del. Admin. Code § 608-2.0** Definitions {#sec-608-2.0 omnilex-key=us-de-regs-official--title-14--608-2.0}
The following words and terms, when used in this regulation, shall have the following meanings:
"Department" means the Delaware Department of Education.
"Fiscal year" means the period of July 1 through June 30.
"Persistently dangerous school" means a school that meets the criteria in subsection 3.1.
"Safe school" means a school in the same school district that is not currently identified by the Department as a persistently dangerous school.
"School" means any public school including charter schools.
"Violent felony" shall have the same meaning as provided in 11 Del.C. §4201(c).
**History**
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *7 DE Reg. 67 (07/01/03)*
- *12 DE Reg. 62 (07/01/08)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
##### **14 Del. Admin. Code § 608-3.0** Identification of Persistently Dangerous Schools {#sec-608-3.0 omnilex-key=us-de-regs-official--title-14--608-3.0}
3.1 A school shall be identified as a persistently dangerous school if 5 or more unsafe incidents for every 100 students enrolled occurred during the 3 previous consecutive fiscal years.
3.2 Unsafe incidents are set forth in subsections 3.2.1 through 3.2.4.
3.2.1 The school suspends or expels a student for bringing a firearm to the school in violation of 20 U.S.C. §7961.
3.2.2 The school suspends or expels a student for possessing a firearm at the school in violation of 20 U.S.C. §7961 or while in or on a safe school zone, as defined in 11 Del.C. §1457A(a)(4), pursuant to 11 Del.C. §1457A(f).
3.2.3 The school suspends or expels a student for a crime committed on school property that is required to be reported under 14 Del.C. §4112.
3.2.4 The school reported a crime committed by a nonstudent on school property that is required to be reported under 14 Del.C. §4112.
3.3 Notwithstanding any provision herein to the contrary, any year that a school fails to comply with the reporting mandates to the Department or to the appropriate police agency as required by law, the Department will consider the school as if it otherwise met the criteria to be classified as a persistently dangerous school for the entire fiscal year.
3.4 The Department shall identify each persistently dangerous school using the data reported to it pursuant to the provisions of 14 Del.C. §4112, 14 DE Admin. Code 601, and any expulsion and suspension data as required by the Department. For the purpose of this regulation, expulsion means the exclusion from the regular school setting for a period determined by the local district board or charter school board not to exceed 1 year and suspension mean the external, out-of-school removal of a student from the general school population.
3.5 A school that is identified as a persistently dangerous school shall retain the identification as a persistently dangerous school for the entire fiscal year.
**History**
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *7 DE Reg. 67 (07/01/03)*
- *12 DE Reg. 62 (07/01/08)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
##### **14 Del. Admin. Code § 608-4.0** Students Attending Schools Labeled as Persistently Dangerous {#sec-608-4.0 omnilex-key=us-de-regs-official--title-14--608-4.0}
4.1 A student attending a persistently dangerous school shall be allowed to choice to a safe school in the same school district, including a charter school, provided that a charter school option exists in that school district’s boundaries.
4.2 Each public school district having 1 or more persistently dangerous schools and any charter school identified as a persistently dangerous school shall develop a plan and timeline that describes the process for notifying parents of the school’s status and for relocating any student who exercises the right to choice to a safe school. The plan shall also describe the corrective actions that will be implemented. The plan shall be forwarded to the Department no later than September 15th of the year that the school is identified.
**History**
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *7 DE Reg. 67 (07/01/03)*
- *12 DE Reg. 62 (07/01/08)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
##### **14 Del. Admin. Code § 608-5.0** Students Who are Victims of a Violent Felony {#sec-608-5.0 omnilex-key=us-de-regs-official--title-14--608-5.0}
5.1 A student who is the victim of a violent felony while in or on the grounds of a school which the student is attending shall be allowed to choice to a safe school in the same school district, including a charter school, provided that a charter school option exists in that school district’s boundaries.
5.2 All school districts and charter schools shall establish a plan that describes their policies and procedures for providing school choice options to a student who is the victim of a violent felony, including the process for notifying parents.
5.3 Each school district and charter school shall post the policy and procedures on the school district’s or charter school’s website, with hard copies provided to any requesting parties.
**History**
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
- *7 DE Reg. 67 (07/01/03)*
- *12 DE Reg. 62 (07/01/08)*
- *22 DE Reg. 297 (10/01/18)*
- *27 DE Reg. 669 (03/01/24)*
### **610** Limitations on Use of Seclusion and Restraint
##### **14 Del. Admin. Code § 610-1.0** Purpose and Authority {#sec-610-1.0 omnilex-key=us-de-regs-official--title-14--610-1.0}
1.1 The purpose of this regulation is to establish standards and procedures for the use of physical restraint, chemical restraint, mechanical restraint, and seclusion to provide safety for all individuals. The regulations set forth permitted and prohibited uses of restraint and seclusion, required training for public school, private program, or alternative program personnel, required documentation and reporting of incidents of restraint and seclusion, required notification to parents, and waiver procedures for individual students.
1.2 These regulations are promulgated in accordance with 14 Del.C. §4112F.
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
##### **14 Del. Admin. Code § 610-2.0** Definitions {#sec-610-2.0 omnilex-key=us-de-regs-official--title-14--610-2.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Alternative program" means a program established pursuant to 14 Del.C. Ch. 16.
“Chemical restraint” means a drug or medication used on a student to control behavior or restrict freedom of movement that is either not medically prescribed for the standard treatment of a student’s medical or psychiatric condition or not administered as prescribed. (Authority: 14 Del.C. §4112F(a)(1)).
"Individualized Education Program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Sections 7.0 through 11.0 of 14 DE Admin. Code 925.
“Mechanical restraint” means the application of any device or object that restricts a student’s freedom of movement or normal access to a portion of the body that the student cannot easily remove. “Mechanical restraint” does not include devices or objects used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which they were designed and, if applicable, prescribed, including the following:
(Authority: 14 Del.C. §4112F(a)(2))
“Parent” means:
The biological or adoptive parent, when attempting to act as the parent under these regulations, and when more than one party is qualified under this definition to act as a parent, must be presumed to be the parent for purposes of this definition unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. If a judicial decree or order identifies a specific person or persons to act as the ''parent'' of a child, or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the “parent'' for purposes of this definition.
(Authority: 20 U.S.C. 1401(23); 14 Del.C. §3110)
“Physical restraint” means a restriction imposed by a person that immobilizes or reduces the ability of a student to freely move arms, legs, body, or head. “Physical restraint” does not include physical contact that:
(Authority: 14 Del.C. §4112F(a)(3))
“Principal" means the building principal, or the equivalent of the building principal, of any public school or charter school, or the building principal's designee.
“Private program” means a non-public school or program contracted by a school district or charter school.
“Public school personnel” means an employee or contractor of a public school district or charter school. “Public school personnel” does not include the following:
"School Resource Officer” or "SRO" means a contractor, subcontractor or employee of a public school district or charter school who is a sworn law enforcement officer as defined in 11 Del.C. §9200.
“Seclusion” means the involuntary confinement of a student alone in a room, enclosure, or space that is either locked or, while unlocked, physically disallows egress. The use of a “timeout” procedure during which a staff member remains accessible to the student shall not be considered “seclusion.” (Authority: 14 Del.C. §4112F(a)(5))
“Student” means any individual enrolled in a Delaware public school or charter school, an alternative program pursuant to 14 Del.C. Ch. 16, or a private program pursuant to Title 14 Del.C. Chapter 31, Section 3124.
“Timeout” means a behavior management technique in which, to provide a student with the opportunity to reflect or regain self-control, a student is separated from others for a limited period in a setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from outside, or other inanimate object. (Authority: 14 Del.C. §4112F(a)(6))
"Written report" means printed paper filings and electronic filings that can be printed.
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
##### **14 Del. Admin. Code § 610-3.0** Use of Restraints {#sec-610-3.0 omnilex-key=us-de-regs-official--title-14--610-3.0}
3.1 Public school personnel, private program personnel, and alternative program personnel are prohibited from imposing on any student:
3.1.1 Chemical restraint; and
3.1.2 Subject to waiver authorized by 14 Del.C. §4112F(c)(4) and Section 8.0, mechanical restraint and seclusion.
3.2 Such personnel may impose physical restraint only in conformity with all of the following standards:
3.2.1 The student’s behavior presents a significant and imminent risk of bodily harm to self or others;
3.2.2 The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or mode of communication;
3.2.3 The physical restraint does not interfere with the student’s ability to breathe or place weight or pressure on the student’s head, throat, or neck;
3.2.4 The physical restraint does not recklessly exacerbate a medical or physical condition of the student;
3.2.5 Less restrictive interventions have been ineffective in stopping the imminent risk of bodily harm to the student or others, except in case of a rare and clearly unavoidable emergency circumstance posing imminent risk of bodily harm, including, without limitation, intervening in a student initiated physical assault or altercation;
3.2.6 For a student with a disability as defined in 14 Del.C., Chapter 31 or 34 C.F.R. Part 104, the physical restraint does not contravene provisions in an IEP, behavior intervention plan, accommodation plan, or any other planning document for the individual student;
3.2.7 Personnel use only the amount of force necessary to protect the student or others from the threatened harm;
3.2.8 The physical restraint ends when a medical condition occurs putting the student at risk of harm or the student’s behavior no longer presents an imminent risk of bodily harm to the student or others;
3.2.9 The physical restraint is within the scope of force authorized by 11 Del.C. §468.
(Authority: 14 Del.C. §4112F(b))
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
##### **14 Del. Admin. Code § 610-4.0** Training of Personnel {#sec-610-4.0 omnilex-key=us-de-regs-official--title-14--610-4.0}
4.1 Except as provided in 14 Del.C. §702(c), a student may be physically restrained only by public school personnel, private program personnel, or alternative program personnel who have completed training in physical restraint procedures.
4.1.1 Such personnel shall receive annual training in the use of crisis prevention and intervention techniques consistent with nationally-recognized training programs, which shall meet the following minimum requirements:
4.1.1.1 The training shall address prevention techniques, de-escalation techniques, and positive behavioral intervention strategies and supports;
4.1.1.2 The training shall be designed to meet the needs of such personnel consistent with their duties and the potential need for emergency safety interventions; and
4.1.2 Each public school, private program, and alternative program shall maintain written or electronic documentation of each training provided, which shall include a list of all personnel who participated in the training.
4.2 Any public school personnel responsible for reporting the physical restraint of a student to the Department of Education shall complete training on the reporting process approved by the Department of Education and any additional training that the Department of Education may prescribe.
4.2.1 The approved training shall be provided using a web-based platform through the Department of Education’s Professional Development Management System (PDMS) or similar system. The training will be provided on an annual basis and made available throughout each school year.
4.2.2 Such personnel responsible for reporting the physical restraint of a student shall complete the approved training at least once every 3 years and during any year in which reporting procedures were changed from the previous year as indicated by the Department of Education.
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
##### **14 Del. Admin. Code § 610-5.0** Parental Notification of Use of Physical Restraint {#sec-610-5.0 omnilex-key=us-de-regs-official--title-14--610-5.0}
5.1 Except as provided in subsection 5.1.1, if a student is physically restrained, a reasonable attempt shall be made to notify the parent on the same day, but in no event later than twenty-four hours after, the physical restraint is used. Such notification shall be made in person, by phone or by voicemail, or by e-mail. The school shall maintain written documentation of successful and unsuccessful attempts to notify the parent.
5.1.1 Where physical restraint is included in the student’s IEP or Section 504 Plan, the IEP Team or Section 504 Team, including the parent, shall determine a timeframe and manner of notification of each incident of physical restraint.
5.2 The parent shall be provided a copy of a final written report no later than the date on which such report is filed with the Department of Education. The written report shall contain, at a minimum, the information required under Section 6.0.
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
##### **14 Del. Admin. Code § 610-6.0** Uniform Data Collection {#sec-610-6.0 omnilex-key=us-de-regs-official--title-14--610-6.0}
6.1 When an incident of physical restraint of a student by public school personnel, private program personnel, and charter school personnel occurs:
6.1.1 As soon as practicable thereafter, a reasonable attempt shall be made to interview the student regarding the incident; and
6.1.2 The school principal or charter school leader must provide a written report, in a uniform format as determined by the Department of Education, of the restraint to the Department of Education within 72 hours of the restraint, or within 72 hours of the time in which the student’s district or charter school of residence receives notice of the restraint from the contracted private program or alternative program, whichever the case may be; and
6.1.3 The written report shall include, at a minimum:
6.1.3.1 Details of the restraint incident, including, but not limited to, the student behavior and description of events leading to the use of physical restraint; de-escalation techniques utilized by school personnel prior to the restraint; a description of the student’s behavior during the restraint; a summary of witness interviews, if applicable; any injury caused to the student, staff members, or other students; and any related treatment deemed necessary as a result of the restraint.
6.1.3.2 Demographic information on affected students to include age, race, ethnicity, and disability category;
6.1.3.3 A description of the interview conducted with the student, if applicable; and
6.1.3.4 If applicable, a description of changes to any or all of the following that resulted from the restraint incident:
6.1.3.4.1 For a student with a disability as defined in 14 Del.C., Chapter 31 or 34 C.F.R. Part 104, the student’s IEP, behavioral support, crisis intervention plan, accommodation plan, or any other planning document for the individual student;
6.1.3.4.2 School or local educational agency policy or procedure; or
6.1.3.4.3 Additional staff training.
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
##### **14 Del. Admin. Code § 610-7.0** Annual Reporting Requirement {#sec-610-7.0 omnilex-key=us-de-regs-official--title-14--610-7.0}
The Department of Education shall issue an annual report on the use of physical restraint, which shall include rates of usage by school and by subcategories identified pursuant to Section 6.0, identify trends, and analyze significant results. The report shall be posted on the Department of Education's website.
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
##### **14 Del. Admin. Code § 610-8.0** Waiver {#sec-610-8.0 omnilex-key=us-de-regs-official--title-14--610-8.0}
8.1 Any public school, private program, or alternative program applicant for a waiver of the prohibition on the use of mechanical restraints or seclusion for an individual student must deliver the request in writing, in a uniform format developed by the Department of Education, to the Secretary or Secretary’s designee setting forth the grounds for the request.
8.1.1 The request shall be based on compelling justification supported by documentation, including, but not limited to, educational records, reporting of incidents, and the student’s functional behavioral assessment and behavioral intervention plan, including implementation data, and medical documentation, if applicable.
8.1.2 The request shall contain a description of the conditions and safeguards that the applicant will utilize in connection with the waiver, including, but not limited to:
8.1.2.1 A detailed description of the proposed continual visual staff monitoring of student;
8.1.2.2 A requirement that the parent be notified of each use of mechanical restraint or seclusion which conforms to the procedure set forth in Section 5.0 for reporting physical restraint except that the provisions of subsection 5.1.1 shall not apply herein; and
8.1.2.3 A detailed description of the physical space within which the seclusion will occur, or of the type of mechanical restraints to be utilized, whichever is applicable.
8.1.3 The request shall include a written authorization signed by the parent agreeing to the issuance of a waiver on the prohibition of the use of mechanical restraints or seclusion for that student and a signed written consent for release of information to the Department of Education and the waiver review committee.
8.1.4 All privileged documentation shall be maintained confidentially by the Department of Education and the waiver review committee to the extent permitted by law.
8.2 All requests shall be considered by a waiver review committee appointed by the Secretary. A decision by the waiver review committee shall be rendered no later than 60 calendar days of receipt of the waiver request.
8.3 The committee shall make a written recommendation to the Secretary, which shall include:
8.3.1 A summary of the compelling justification based on the documentation submitted in support of the waiver requested;
8.3.2 Recommendations to include any specific conditions and safeguards, and a brief statement of the reasons therefore;
8.3.3 A requirement that, where a waiver is issued, there be continual visual monitoring, parental notice of each use of mechanical restraint or seclusion, and collection of data to include the number of times the student was subject to mechanical restraint or seclusion, the duration of each mechanical restraint or seclusion, and any other data as required by the Department of Education;
8.3.4 A statement as to the duration of the waiver, not to exceed a period of one calendar year.
8.4 The Secretary shall consider the entire record of the case and the committee’s recommendations in reaching a final decision. The Secretary’s decision shall be issued in writing and mailed to the applicant and the parent by certified mail no later than 10 calendar days from receipt of the recommendation of the waiver review committee.
8.5 The Secretary’s decision shall be final.
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
##### **14 Del. Admin. Code § 610-9.0** School Resource Officer (SRO) Training {#sec-610-9.0 omnilex-key=us-de-regs-official--title-14--610-9.0}
9.1 SROs shall annually receive the following awareness level training from the school district or charter school in which they are assigned:
9.1.1 Training which is consistent with that which is required of other public school personnel within their school district or charter school for disability awareness and behaviors that may manifest as a result of disabilities;
9.1.2 Best practices for de-escalation techniques utilized in the school setting;
9.1.3 Current information on the intervention decisions and techniques used by school personnel within the school setting;
9.1.4 Such other training as is necessary to protect the health and well-being of students with disabilities, including students with an IEP who enroll after the beginning of the school year, which shall include basic awareness training specific to IEPs, functional behavior assessments and behavioral intervention plans;
9.1.5 SROs shall participate in the annual SRO training provided by the Delaware State Police or equivalent training provided by the police agency employing the SRO.
9.2 The training outline in this regulation shall include reference to how it relates to the duties and responsibilities of the SRO as outlined in the Memorandum of Agreement between the school district or charter school and the police agency employing the SRO as required under 14 DE Admin. Code 601.
9.3 Prior to the start of each school year, or as soon as practical, but no later than 30 calendar days after the first student day of school, a representative of each school building shall meet with the SRO assigned to that school in order to be familiarized with behaviors related to disabilities that may occur in the school and typical responsive actions that may be taken by school personnel in that school.
9.4 Nothing within this regulation or contained within 14 Del.C. §4112F shall be interpreted as creating any additional restrictions on the sworn authority of law enforcement officers or their ability to carry out their required sworn duty.
**History**
- *26 DE Reg. 472 (12/01/22)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *26 DE Reg. 472 (12/01/22)*
- *18 DE Reg. 130 (08/01/14)*
- *22 DE Reg. 55 (07/01/18)*
- *26 DE Reg. 472 (12/01/22)*
### **611** Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems
##### **14 Del. Admin. Code § 611-1.0** Eligible Students {#sec-611-1.0 omnilex-key=us-de-regs-official--title-14--611-1.0}
1.1 Except as otherwise provided in this regulation, any student who is expelled by a local school district, who is subject to expulsion or who otherwise seriously violates the district discipline code shall be eligible for placement at a Consortium Discipline Alternative Program (CDAP) site.
1.2 Subject to Section 11.0, local school districts shall place an eligible student at a Consortium Discipline Alternative Program site if the district board:
1.2.1 Has expelled the student for a violation of the district’s discipline code or, determined that the student has been suspended for engaging in conduct that could result in expulsion and has not required the student to participate in other options such as behavioral contracts or counseling or, determined that the student has exhibited such severe discipline problems that expulsion is imminent.
1.3 School districts may place a student in a Consortium Discipline Alternative Program for classroom or school environment disruptions only if:
1.3.1 Such disruptions are chronic and repetitive; and
1.3.2 The student has participated in all available School Based Intervention Programs pursuant to 14 DE Admin. Code 609 and continues to routinely and seriously disrupt the classroom and impede the learning of other students.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-2.0** Ineligible Students {#sec-611-2.0 omnilex-key=us-de-regs-official--title-14--611-2.0}
2.1 Any student expelled or suspended pending expulsion for behavior equivalent to a violation of the following is not eligible for, and may not be placed at a Consortium Discipline Alternative Program site.
2.1.1 11 Del.C. §613 Assault in the First Degree; class B felony; or
2.1.2 11 Del.C. §1457 Possession of a Weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor; or
2.1.3 11 Del.C. §802 Arson in the Second Degree affirmative defense; class D felony; or
2.1.4 11 Del.C. §803 Arson in the first degree; class C felony; or
2.1.5 11 Del.C. §770 Rape in the fourth degree; class C felony; or
2.1.6 11 Del.C. §771 Rape in the third degree; class B felony; or
2.1.7 11 Del.C. §772 Rape in the second degree class B felony; or
2.1.8 11 Del.C. §773 Rape in the first degree class A felony; or
2.1.9 16 Del.C. §4752 Drug dealing—Aggravated possession; class B felony; or
2.1.10 16 Del.C. §4752B Drug dealing — Resulting in death; class B felony; or
2.1.11 16 Del.C. §4753 Drug dealing—Aggravated possession; class C felony; or
2.1.12 16 Del.C. §4754 Drug dealing—Aggravated possession; class D felony; or
2.1.13 Any behavior equivalent to or greater than the offenses in subsections 2.1.1 through 2.1.12.
2.2 Provided further, any student expelled or suspended pending expulsion may not be placed at a Consortium Discipline Alternative Program if the school district determines, by a preponderance of the evidence, the student is inappropriate for such placement. When determining whether a student is inappropriate for placement in a Consortium Discipline Alternative Program, the school district shall consider the availability of space in the program to serve the student, the student's age and the student’s educational and behavioral modification needs.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-3.0** Written Decision Required {#sec-611-3.0 omnilex-key=us-de-regs-official--title-14--611-3.0}
When a school board expels a student but determines the student shall not be placed at a Consortium Discipline Alternative Program, the school district’s decision shall be in writing and address with specificity the reasons for non-placement and the evidence in support thereof. Such decisions shall be submitted to the Delaware Department of Education’s Office of School Climate within five working days of such decision with a copy to the student’s parent, guardian, or Relative Caregiver.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-4.0** Informing the Parents, Guardians, Relative Caregiver or Students (If the Student is Age 18 or Older) {#sec-611-4.0 omnilex-key=us-de-regs-official--title-14--611-4.0}
Districts shall inform the parents, guardians, Relative Caregiver or students (if the student is age 18 or older) of the alternative education options that are then currently available to them if the students have been expelled or expulsion is being considered. These options may include, but are not be limited to, the Consortium Discipline Alternative Program, a GED Program, James H. Groves High School and continued special education and related services for children with disabilities as determined by the student’s eligibility for participation in such programs. A student’s eligibility for such alternative education options is determined by the requirements of such programs.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-5.0** Grade Levels to be Served {#sec-611-5.0 omnilex-key=us-de-regs-official--title-14--611-5.0}
Eligible students in the Consortium Discipline Alternative Program shall be primarily those who are enrolled in grades 6 through 12, however students in the lower grades may also be served through CDAP funds.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-6.0** Placement at Consortium Discipline Alternative Program Sites {#sec-611-6.0 omnilex-key=us-de-regs-official--title-14--611-6.0}
6.1 Each district shall establish an Alternative Placement Team to review each case and prescribe the appropriate placement for students. The Placement Team, in concert with the Consortium Discipline Alternative Program staff, shall design an Individual Service Plan (ISP) for each student that will include educational goals, behavioral goals, and services needed by both students and their families. The ISP shall include a tentative transition plan.
6.1.1 The Alternative Placement Team shall be composed of a representative of the Consortium Discipline Alternative Program staff; a district-level coordinator who will be designated by the superintendent; the building level principal, assistant principal or other person as appropriate; the student’s custodial adult; guidance counselor or school social worker; and a representative from the Department of Services for Children Youth and Their Families (DSCYF) with knowledge of the student’s and family’s needs as appropriate. Other individuals may be invited as determined by the placement team.
6.1.1.1 Students who are being placed at a Consortium Discipline Alternative Program site as a transition from DSCYF facilities shall have an ISP developed in concert with the DSCYF facility team, the Alternative Placement Team, and the student’s custodial adult.
6.1.2 If students from either a school district or DSCYF facility are children with disabilities, appropriate special education staff shall be included in placement considerations. The Alternative Placement Team and the Individual Education Program (IEP) Team may be the same so long as the membership of the IEP Team meets the requirements of 14 DE Admin. Code 925.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-7.0** September 30 Enrollment Count {#sec-611-7.0 omnilex-key=us-de-regs-official--title-14--611-7.0}
7.1 Students enrolled at a Consortium Discipline Alternative Program site shall be counted in the enrollment of the sending school.
7.2 Students shall be reported for the level of special education service as defined by the current IEP.
7.3 If a student was enrolled the previous year in a Career and Technical Program in the reporting school, the students shall be reported as enrolled in the next Career and Technical course in the program series.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-8.0** Consortium Discipline Alternative Program Setting {#sec-611-8.0 omnilex-key=us-de-regs-official--title-14--611-8.0}
8.1 The Consortium Discipline Alternative Program setting shall be apart from the regular school setting, however, a part of a school building may be used for these programs if the students do not interact with the regular school population or use any school facility at the same time as the regular school population.
8.1.1 Use of other agency facilities (Boys and Girls Club, YMCA, YWCA, etc.) is encouraged. Consortium Discipline Alternative Program settings shall meet all applicable health and safety laws and regulations for student occupancy.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-9.0** Consortium Discipline Alternative Program Design {#sec-611-9.0 omnilex-key=us-de-regs-official--title-14--611-9.0}
9.1 The Consortium Discipline Alternative Program shall include an educational program designed to maintain and improve skills aligned to the Delaware State Content Standards that will allow students to reenter the regular school program with a reasonable chance and expectation for success. Opportunities for academic acceleration shall also be provided.
9.1.1 The academic program shall include applied learning activities that encourage students’ active participation in the learning process as opposed to work sheets and other “seat oriented” drill exercises. Study skills, test-taking strategies for academic confidence building, and Character Education shall be integrated with the Delaware State Content Standards.
9.1.1.1 Credit for work accomplished in the Consortium Discipline Alternative Program setting shall be automatically transferred to the sending school.
9.1.2 All students enrolled in Consortium Discipline Alternative Programs shall participate in the Delaware Student Testing Program (DSTP) or successor statewide student assessment program, and Student Success Plans (SSP) as required by 14 DE Admin. Code 507.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-10.0** Staffing {#sec-611-10.0 omnilex-key=us-de-regs-official--title-14--611-10.0}
Instructional staff shall include educators who are licensed and certified in the content areas of English language arts, mathematics, science and social studies.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-11.0** Children With Disabilities {#sec-611-11.0 omnilex-key=us-de-regs-official--title-14--611-11.0}
11.1 Nothing in this regulation shall alter a district's or charter school's duties under the Individual with Disabilities Act (IDEA) or 14 DE Admin. Code 922 through 929. Nor shall this regulation prevent a district or charter school from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and Department regulations.
11.2 Nothing in this regulation shall alter a district's or charter school's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a district or charter school from providing supportive instruction to such students.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-12.0** Charter School Students {#sec-611-12.0 omnilex-key=us-de-regs-official--title-14--611-12.0}
12.1 A charter school, subject to the limitations of 14 Del.C. 504A(8), shall pursue referral of any student meeting the requirements of subsection 1.2 into a Consortium Discipline Alternative Program pursuant to the provisions of Chapter 16 of Title 14 of the Delaware Code.
12.2 To the extent applicable, a charter school placing a student in a Consortium Discipline Alternative Program shall be subject to the provisions of this regulation.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
##### **14 Del. Admin. Code § 611-13.0** Evaluation {#sec-611-13.0 omnilex-key=us-de-regs-official--title-14--611-13.0}
The Department of Education shall annually evaluate the effectiveness of the Consortium Discipline Alternative Programs using criteria that includes student demographic data, types of interventions employed, and prior versus subsequent behavioral and academic patterns, parent involvement, agency involvement and recidivism. In addition, the Department of Education shall annually review the decisions acquired pursuant to Section 3.0 to assess the reasons for non-placement of students in the alternative programs, including lack of space and number, age, race and special education status of excluded students by district and charter school. Grantees shall compile and submit data based on uniform standards and format established by the Department.
**History**
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
- *8 DE Reg. 1008 (01/01/05)*
- *12 DE Reg. 1075 (02/01/09)*
- *23 DE Reg. 370 (11/01/19)*
### **612** Possession, Use or Distribution of Drugs and Alcohol
##### **14 Del. Admin. Code § 612-1.0** Purpose {#sec-612-1.0 omnilex-key=us-de-regs-official--title-14--612-1.0}
The purpose of this regulation is to outline the minimum requirements to be included in all public school district and charter school policies on the Possession, Use, or Distribution of Drugs and Alcohol.
**History**
- *20 DE Reg. 436 (12/01/16)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *2 DE Reg. 2043 (05/01/99)*
- *7 DE Reg. 767 (12/01/03)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
##### **14 Del. Admin. Code § 612-2.0** Definitions {#sec-612-2.0 omnilex-key=us-de-regs-official--title-14--612-2.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly states otherwise:
"Alcohol" means alcohol or any alcoholic liquor capable of being consumed by a human being, as defined in 4 Del.C. §101 including alcohol, spirits, wine and beer.
“Designated Caregiver” means, pursuant to 16 Del.C. §4902A(5), a person who is at least twenty-one (21) years of age unless the person is the parent or legal guardian of a minor who is a qualifying patient; has agreed to assist with a patient's medical use of marijuana; has not been convicted of an excluded felony offense; and assists no more than five (5) qualifying patients with their medical use of marijuana.
"Distribute", "Distributing" or "Distribution" means the transfer or attempted transfer of Alcohol, a Drug, a Drug Like Substance, or Drug Paraphernalia to any other person with or without the exchange of money or other valuable consideration.
"Drug" means any controlled substance or counterfeit substance as defined in 16 Del.C. §4701 including, for example, narcotic Drugs such as heroin or cocaine, amphetamines, anabolic steroids, and marijuana, and shall include any prescription substance which has been given to or prescribed for a person other than the student in whose possession it is found.
"Drug Like Substance" means any noncontrolled and nonprescription substance capable of producing a change in behavior or altering a state of mind or feeling, including, for example, some over the counter cough medicines, certain types of glue, caffeine pills and diet pills. The definition of Drug Like Substance does not include tobacco or tobacco products which are governed by 14 DE Admin. Code 877 Tobacco and Smoking Policy.
"Drug Paraphernalia" means all equipment, products and materials as defined in 16 Del.C. §4701 including, for example, roach clips, miniature cocaine spoons and containers for packaging Drugs.
“Hand Sanitizer” means a commercially available health care topical antiseptic product with at least 60% ethanol or 70% isopropyl alcohol content.
"Look Alike Substance" means any noncontrolled substance which is packaged so as to appear to be, or about which a student makes an express or implied representation that the substance is, a Drug or a noncontrolled substance capable of producing a change in behavior or altering a state of mind or feeling.
“Medical Marijuana Oil” means as defined in 16 Del.C. §4902A(10).
"Nonprescription medication" means any over the counter medication that can be sold legally without a prescription. This definition may include a Drug Like Substance but excludes Hand Sanitizer.
"Possess", "Possessing" or "Possession" means that a student has on the student's person, in the student's belongings, or under the student's reasonable control by placement of and knowledge of the whereabouts of, Alcohol, a Drug, a Drug Like Substance, a Look Alike Substance, or Drug Paraphernalia.
"Prescription medication" means a legal drug that has a written order for a student by a licensed health care provider licensed to prescribe medication.
"School Environment" means within or on school property, and at school sanctioned or supervised activities, including, for example, on school grounds, on school buses, at functions held on school grounds, at extra-curricular activities held on and off school grounds, on field trips and at functions held at the school in the evening.
"Use" means that a student is reasonably known to have ingested, smoked or otherwise assimilated Alcohol, a Drug or a Drug Like Substance, or is reasonably found to be under the influence of such a substance.
**History**
- *20 DE Reg. 436 (12/01/16)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *2 DE Reg. 2043 (05/01/99)*
- *7 DE Reg. 767 (12/01/03)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
##### **14 Del. Admin. Code § 612-3.0** General Provisions {#sec-612-3.0 omnilex-key=us-de-regs-official--title-14--612-3.0}
3.1 The following provisions shall apply to all public school district and charter schools:
3.1.1 The possession, use or distribution of Alcohol, a Drug, a Drug Like Substance, a Look Alike Substance and Drug Paraphernalia are prohibited within the School Environment, unless medically necessary.
3.1.2 Student lockers are the property of the school and may be subjected to search at any time with or without reasonable suspicion.
3.1.3 Student motor vehicle use to and in the School Environment is a privilege which may be extended by school districts or charter schools to students in exchange for their cooperation in the maintenance of a safe school atmosphere. Reasonable suspicion of a student's use, possession or distribution of Alcohol, a Drug, a Drug Like Substance, a Look Alike substance or Drug Paraphernalia in the School Environment, may result in the student being asked to open an automobile in the School Environment to permit school authorities to look for such items. Failure to open any part of the motor vehicle on the request of school authorities may result in the police being called to conduct a search and will result in loss of the privilege to bring the vehicle on campus.
3.1.4 All Alcohol, Drugs, Drug Like Substances, Look Alike Substances and Drug Paraphernalia found in a student's possession shall be turned over to the principal or designee, and be made available, in the case of a medical emergency, for identification. All substances shall be sealed and documented, and, in the case of substances covered by 16 Del.C. Ch. 47, turned over to police as potential evidence.
**History**
- *20 DE Reg. 436 (12/01/16)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *2 DE Reg. 2043 (05/01/99)*
- *7 DE Reg. 767 (12/01/03)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
##### **14 Del. Admin. Code § 612-4.0** Requirement of Each School District and Charter School to have a Policy {#sec-612-4.0 omnilex-key=us-de-regs-official--title-14--612-4.0}
4.1 Each school district and charter school shall have a policy on file and update it periodically. The policy shall include, at a minimum, the following:
4.1.1 A system of notification of each student and their parent, guardian or relative caregiver at the beginning of the school year, of the state and district policies and regulations. In addition, a system for the notification of each student and their parent, guardian or relative caregiver whenever a student enrolls or re enrolls during the school year of the state and district policies and regulations.
4.1.2 A statement that state and district or charter school policies shall apply to all students, except that with respect to children with disabilities, applicable federal and state laws will be followed.
4.1.3 A written policy which sets out procedures for reporting incidents to police authorities, parents, guardians or relative caregivers and to the Department of Education, while maintaining confidentiality.
4.1.4 A written policy on how evidence is to be kept, stored and documented, so that the chain of custody is clearly established prior to giving such evidence over to the police.
4.1.5 A written policy on search and seizure.
4.1.6 A program of assistance for students with counseling and referral to services as needed.
4.1.7 A policy in cases involving a Drug Like Substance or a Look Alike Substance for establishing that the student intended to use, possess or distribute the substance as a Drug.
4.1.8 A policy which establishes how Prescription medications and Nonprescription medications shall be handled in the School Environment and when they will be considered unauthorized and subject to these state and local policies.
4.1.9 A policy which sets out the conditions for return after expulsion for Alcohol or Drug infractions.
4.2 Notwithstanding any of the foregoing to the contrary, all policies adopted by public school districts or charter schools relating to the possession or use of Drugs shall permit a student's discretionary use and possession of an asthmatic quick relief inhaler with an individual prescription label, an autoinjectable epinephrine with individual prescription label, or an insulin pump for continuous subcutaneous insulin infusion (“insulin pump”) or Hand Sanitizer; provided, nevertheless, that the student uses the inhaler, autoinjectable epinephrine, or an insulin pump pursuant to prescription or written direction from a state licensed health care practitioner; a copy of which shall be provided to the school district or charter school; and further provided that the parents or legal custodians of such student provide the school district or charter school with written authorization for the student to possess and use the inhaler, autoinjectable epinephrine, or an insulin pump at such student's discretion or under the school nurse’s supervision, together with a form of release satisfactory to the school district or charter school releasing the school district or charter school and its employees from any and all liability resulting or arising from the student's discretionary use and possession of the inhaler, autoinjectable epinephrine, or an insulin pump, and further provided that the school nurse may impose reasonable limitations or restrictions upon the student's use and possession of the inhaler, autoinjectable epinephrine, or an insulin pump based upon the student's age, level of maturity, behavior, or other relevant considerations.
4.2.1 Parents or legal custodians shall not be required to provide or sign a form of release where the student's use and possession of an asthmatic quick relief inhaler, autoinjectable epinephrine, or insulin pump is determined by the student's IEP or Section 504 Team to be necessary for the student's educational placement.
4.2.2 Except as provided for in a student's Section 504 Plan or IEP, the school nurse may not unilaterally impose limitations or restrictions on a student's use and possession of an asthmatic quick relief inhaler, autoinjectable epinephrine, or an insulin pump if a Section 504 or IEP Team has determined the use of the medication is necessary for the student's educational placement.
(For students who use prescribed asthmatic quick relief inhalers, autoinjectable epinephrine, or an insulin pump for continuous subcutaneous insulin therapy or Hand Sanitizer, see 14 DE Admin. Code 817, Administration of Medications and Treatments.)
4.3 A Designated Caregiver may possess for the purpose of administering and may administer to a minor qualifying patient Medical Marijuana Oil in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled. The Designated Caregiver shall not be a school nurse or other school employee hired or contracted by a school unless he or she is a parent or legal guardian of the minor qualifying patient, and said parent or legal guardian possesses no more than the number of doses prescribed per day of Medical Marijuana Oil which is kept at all times on their person.
**History**
- *20 DE Reg. 436 (12/01/16)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *2 DE Reg. 2043 (05/01/99)*
- *7 DE Reg. 767 (12/01/03)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
##### **14 Del. Admin. Code § 612-5.0** Reporting Requirements and Timelines {#sec-612-5.0 omnilex-key=us-de-regs-official--title-14--612-5.0}
5.1 Each local school district and charter school shall have an electronic copy of its current possession, use and distribution of Drugs and Alcohol policy on file with the Department of Education.
5.2 When a local school district or charter school revises its possession, use, and distribution of Drugs and Alcohol policy, it shall notify the Department of Education of the revised policy within thirty (30) days of the revision, even if the revision was made because of changes in federal, state or local law, regulations, guidance or policies.
**History**
- *20 DE Reg. 436 (12/01/16)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
- *2 DE Reg. 2043 (05/01/99)*
- *7 DE Reg. 767 (12/01/03)*
- *12 DE Reg. 781 (12/01/08)*
- *13 DE Reg. 1201 (03/01/10)*
- *20 DE Reg. 436 (12/01/16)*
- *24 DE Reg. 474 (11/01/20)*
### **613** Uniform Procedures for Processing Attorney General's Reports
##### **14 Del. Admin. Code § 613-1.0** Purpose {#sec-613-1.0 omnilex-key=us-de-regs-official--title-14--613-1.0}
Pursuant to 14 Del.C. §122(b)(26), this regulation, which applies to all public school Districts and Charter Schools, provides uniform procedures for processing Delaware Attorney General’s Reports.
**History**
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *21 DE Reg. 41 (07/01/17)*
- *25 DE Reg. 694 (01/01/22)*
##### **14 Del. Admin. Code § 613-2.0** Terms and Definitions {#sec-613-2.0 omnilex-key=us-de-regs-official--title-14--613-2.0}
In this regulation, the following terms and words shall have the following meaning unless the context clearly indicates otherwise:
“Administration” means administrative staff from a District, school, or Charter School.
“Alternative Placement” means the removal of a student from the student's school on a temporary basis for a period of time as determined by the Alternative Placement Team and Assignment to an Alternative Program.
“Alternative Program” means a school discipline improvement program that provides Appropriate Educational Services for students whose behaviors are within the defined conduct under 14 DE Admin. Code 614. This includes any programs managed by a District or Charter School or the Consortium Discipline Alternative Program.
“Appropriate Educational Services” means instruction and assessment provided by the District or Charter School and includes access to instructional materials, graded homework and communication with educators so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting a level of proficiency in that curriculum.
“Assignment to an Alternative Program” means student Assignment to an Alternative Program, including Consortium Discipline Alternative Program and any Alternative Program maintained by a District or Charter School, until the student has fulfilled the requirements to return to the Regular School Program.
“Attorney General's Report” or “Report” means the Delaware Department of Justice's report of: 1) an enrolled student’s alleged criminal conduct, regardless of jurisdiction, which shows disregard for the health, safety and welfare of others, including, but not limited to acts of violence, weapons offenses, and drug offenses; 2) wanted persons enrolled in a school; and 3) missing persons enrolled in a school.
"Charter School" means a non-home based, full-time public school established pursuant to Chapter 5 of Title 14 of the Delaware Code.
“Consortium Discipline Alternative Program” means a school discipline improvement program which serves an organized consortium of school Districts or Charter Schools as provided for in 14 Del.C. Ch. 16.
“Criminal History Record Information” means a subset of CJI, set forth in 11 Del.C. §8602(2), that includes identifiable descriptions and notations of arrests, detentions, indictments, information or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision and release.
“Criminal Justice Information” or “CJI” means all Criminal Justice Information System data. The term includes criminal history record information; biographic data; biometric data; identity history; person, organization, property, or Division of Motor Vehicles data; case or incident history; and other data necessary for authorized agencies to make hiring decisions, perform their mission, and enforce the laws of this State.
“Criminal Justice Information System” or “CJIS” means the computer hardware, software, and communication network which is managed, operated, and maintained by the DELJIS for the collection, warehousing, and timely dissemination of CJI to authorized agencies.
“Delaware Criminal Justice Information System” or “DELJIS” means the administrative body created within 11 Del.C. Ch. 86 that manages, operates, and maintains CJIS in the State of Delaware.
“Disciplinary Action” means the action taken against the student identified for Short or Long-Term Suspension, Expulsion, or Alternative Placement. The student may be excluded from all school activities, including but not limited to, extracurricular sports/programs, field trips, and ceremonies; is not allowed on School Property unless placed in an Alternative Placement on School Property; and, if applicable, will have the student's driver's license suspended in accordance with 14 Del.C. §4130(e).
“District” means a reorganized school district or vocational technical school district established pursuant to Chapter 10 of Title 14 of the Delaware Code.
“Expulsion” means Disciplinary Action approved by the School Board resulting in a student being removed from the Regular School Program for a duration not to exceed the total number of student days in a school year.
“Grievance” means a formal complaint, filed per specific District or Charter School procedures, to school Administration regarding a student's rights or liberty interests having been denied or impaired. At a minimum, the procedures shall be similar to the Grievance Guidelines applicable to this regulation, as posted on the Department of Education website.
“Interagency Agreement” means the Interagency Agreement between the Delaware Criminal Justice Information System Board of Managers; the Delaware Department of Education; the Delaware Police Chiefs Council; Local Educational Agencies (LEAs) and Charter Schools; and the Delaware Department of Justice governing access to the Criminal Justice Information System (CJIS).
“Parent” means a biological or adoptive parent of a child; a guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives and for whom a Caregiver's School Authorization executed in compliance with 14 Del.C. §202(f)(1) is on file; an individual or entity who is otherwise legally responsible for the child's welfare; a surrogate parent who has been appointed in accordance with 14 DE Admin. Code 926, Section 19.0; or a student who has reached the age of majority as defined in 1 Del.C. §701.
“Principal” means the building principal, or the equivalent of the building principal, of any District or Charter School, or the principal's designee.
“Regular School Program” means student enrollment in a traditional public school or Charter School, not including specially assigned non-special education or student behavioral intervention programs within or outside the enrolled school, in which the student's classroom or course placement is based primarily on age, grade level and cognitive abilities as assigned by the school Administration or an IEP team and the student's participation in daily course instruction and activities within the assigned classroom or course.
"School Board" means charter school boards of directors organized pursuant to 14 Del.C. Ch. 5, and reorganized school district boards and vocational technical school district boards duly appointed or elected pursuant to 14 Del.C. Ch. 10.
“School Discipline Committee” means a school-level committee consisting of appropriate school personnel, similar to those identified in 14 Del.C. Ch. 16, which meets to decide on student Disciplinary Action recommendations made by the Principal.
“School Environment” means within or on School Property, and at school sponsored or supervised activities, including, for example, on school grounds, on school buses, at functions held on school grounds, at school sponsored extracurricular activities held on and off school grounds, on field trips and at functions held at the school in the evening.
“School Property” means any building, structure, athletic field, sports stadium or real property that is owned, operated, leased or rented by any District or Charter School including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or charter school, or any motor vehicle owned, operated, leased, rented or subcontracted by any District or Charter School.
“Student Code of Conduct” means the District or Charter School approved document which specifies the rights and responsibilities of students, defines conduct that disrupts or threatens a positive and safe School Environment, standardizes procedures for consequences and Disciplinary Action, and defines due process and Grievance procedures.
“Superintendent” means the chief school officer of any public school District or Charter School, or the equivalent of a superintendent.
“Suspension, Long-term" or "Long-term Suspension" means Disciplinary Action approved by the Superintendent upon recommendation of the Principal or District or Charter School Alternative Placement Team resulting in the student being removed from the Regular School Program for eleven (11) consecutive school days or more and not to exceed the total number of school days in a school year. Student chooses to waive the student's right to a formalized due process hearing as outlined in Section 10.0 of 14 DE Admin. Code 616, maintains enrollment in the District or Charter School, and is provided Appropriate Educational Services during the term of the suspension, but is excluded from all school activities including, but not limited to, extracurricular sports/programs, field trips, and ceremonies. Student is not allowed on School Property when suspension is out-of-school. A Long-term Suspension requires initial due process procedures as outlined in Section 4.0 of 14 DE Admin. Code 616 and the student choosing to waive the student's right to a formalized due process hearing as outlined in Section 10.0 of 14 DE Admin. Code 616.
“Suspension, Short-term” or "Short-term Suspension" means Disciplinary Action approved by the Principal or School Discipline Committee resulting in the student being removed from the student’s Regular School Program for at least one half school day and not more than ten (10) consecutive school days. Student maintains enrollment in a District or Charter School, but is excluded from all school activities including, but not limited to extracurricular sports/programs, field trips, and ceremonies. Student is not allowed on School Property when Short-term Suspension is out-of-school. A Short-term Suspension requires initial due process procedures as outlined in subsection 5.1 of 14 DE Admin. Code 616.
**History**
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *21 DE Reg. 41 (07/01/17)*
- *25 DE Reg. 694 (01/01/22)*
##### **14 Del. Admin. Code § 613-3.0** Uniform Processing Procedures {#sec-613-3.0 omnilex-key=us-de-regs-official--title-14--613-3.0}
3.1 When a District or Charter School receives an Attorney General’s Report, the following uniform procedures shall be followed:
3.1.1 Only the Superintendent or designated District- or Charter School-level administrative professional employee (hereinafter “designee”) shall handle the processing of the Attorney General’s Report. The designee shall be an employee at the District or Charter School administrative office level and shall not be a secretary or administrative assistant.
3.1.2 The Superintendent or designee shall review the Attorney General’s Report, as soon as practicable thereafter and no later than three (3) school days after delivery of the Report, to determine if the listed charges warrant accessing the Criminal Justice Information System to obtain additional information. In the event of the absence of the Superintendent or designee, procedures shall be identified for the review of the Attorney General’s Report within the allotted time frame.
3.1.2.1 If the Superintendent or designee determines that access to the Criminal Justice Information System is needed, that access will occur as soon as practicable thereafter and no later than three (3) school days of the determination.
3.1.2.2 On the basis of that review, the Superintendent or designee shall make a determination as to whether the student’s alleged actions are a threat to the health, safety and welfare of others, in particular, staff and students within the School Environment and action needs to be taken.
3.1.3 The District or Charter School may provide the Attorney’s General Report and Criminal Justice Information to the school Principal if the District or Charter School decides to take action. The school Principal shall use this information only for action planning purposes.
3.1.4 A hard copy of a student’s Report or Criminal Justice Information shall not be maintained in any manner except for use as evidence in a student discipline hearing and manifestation determination meeting. Upon conclusion of the student disciplinary hearing and any appeals, the hard copy of the Report and Criminal Justice Information shall be destroyed. Notwithstanding the foregoing, the hard copy of the Report and Criminal Justice Information used at the manifestation determination meeting shall be maintained as part of the record of that meeting during the time for filing any dispute resolution proceedings under the Individuals with Disabilities Education Act (IDEA).
3.1.4.1 Any personally identifiable information relating to a victim listed in a Report or the Criminal Justice Information used for a disciplinary hearing or manifestation determination shall be redacted. For the purposes of this regulation, personally identifiable information includes name, date of birth, age, sex, race, home address, school, workplace, driver license number, and vehicle registration number. If the victim and alleged offender attend the same school, that information may be shared with the Principal of the school for safety planning purposes.
**History**
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *21 DE Reg. 41 (07/01/17)*
- *25 DE Reg. 694 (01/01/22)*
##### **14 Del. Admin. Code § 613-4.0** District or Charter School Action in Response to Attorney General’s Report {#sec-613-4.0 omnilex-key=us-de-regs-official--title-14--613-4.0}
4.1 The decision to act upon the information provided in the Attorney General’s Report and Criminal Justice Information shall be the sole discretion of the District or Charter School in accordance with the District’s or Charter School’s policies and procedures including the Student Code of Conduct. Such action may include, but is not limited to, student or Parent conference, counseling, safety planning and Disciplinary Action.
4.1.1 If the victim listed in the Criminal Justice Information attends the same school as the Report’s alleged offender, the victim and victim’s Parent shall be notified regarding any safety planning actions decided upon by the District or Charter School. The District or Charter School shall make reasonable efforts to include the victim and victim’s Parent in the safety planning process.
4.1.2 If a District or Charter School policy allows for Disciplinary Action to be taken in response to a student Attorney General’s Report, the District’s or Charter School’s Student Code of Conduct shall include a statement that clearly gives notice that all off-campus, non-school activity conduct which shows disregard for the health, safety and welfare of others, including, but not limited to acts of violence, weapons offenses, and drug offenses, may subject a student to Disciplinary Action as indicated in the District’s or Charter School’s Student Code of Conduct.
4.1.2.1 Any Disciplinary Action taken by the District or Charter School in response to an Attorney General’s Report that results in a Short-Term or Long-Term Suspension, Alternative Placement, or Expulsion of a student shall be in accordance with the requirements of 14 DE Admin. Code 614 and 616.
4.1.2.2 A student expelled without Appropriate Educational Services shall be unenrolled from the District or Charter School during the term of the expulsion. Regardless of whether without or with services, including Alternative Placement, the expelled student is not eligible to enroll in any other Delaware public school during the period of the Expulsion and until any reasonable terms of the Expulsion are fulfilled.
**History**
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *21 DE Reg. 41 (07/01/17)*
- *25 DE Reg. 694 (01/01/22)*
##### **14 Del. Admin. Code § 613-5.0** Students with Disabilities {#sec-613-5.0 omnilex-key=us-de-regs-official--title-14--613-5.0}
5.1 Nothing in this regulation shall alter a District’s or Charter School’s duties under the Individual with Disabilities Act (IDEA) or 14 DE Admin. Code 922 through 929. Nothing in this regulation shall prevent a District or Charter School from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and Delaware Department of Education regulations.
5.2 Nothing in this regulation shall alter a District’s or Charter School’s duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a District or Charter School from providing supportive instruction to such students.
**History**
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *21 DE Reg. 41 (07/01/17)*
- *25 DE Reg. 694 (01/01/22)*
##### **14 Del. Admin. Code § 613-6.0** Implementation {#sec-613-6.0 omnilex-key=us-de-regs-official--title-14--613-6.0}
If any portion of this regulation is in conflict with the Interagency Agreement in existence, the Interagency Agreement shall control.
**History**
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *25 DE Reg. 694 (01/01/22)*
- *21 DE Reg. 41 (07/01/17)*
- *25 DE Reg. 694 (01/01/22)*
### **615** School Attendance
##### **14 Del. Admin. Code § 615-1.0** Required Attendance Policy {#sec-615-1.0 omnilex-key=us-de-regs-official--title-14--615-1.0}
Each school district and charter school shall have an attendance policy that complies with 14 Del.C. Ch. 27 and which defines and describes the district's or charter school’s rules concerning attendance for students K to 12.
**History**
- *2 DE Reg. 685 (10/01/98)*
- *7 DE Reg. 619 (11/01/03)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
##### **14 Del. Admin. Code § 615-2.0** Elements of Attendance Policy {#sec-615-2.0 omnilex-key=us-de-regs-official--title-14--615-2.0}
2.1 The attendance policy shall include information on how families and students may access supports and resources for student absences due to social, emotional and behavioral wellness.
2.2 The attendance policy shall permit one excused absence per school year for students in grades 6 through 12 to attend civic engagements, such as visits to the United States Capitol, Delaware Legislative Hall, political or cultural significance sites, to advocate or testify on behalf of legislation, or to participate in a rally, march, or protest. The student's parent, guardian, or relative caregiver must submit a signed, written excuse which is received by the district or charter school at least three (3) days before the student's absence.
2.3 The attendance policy shall include how school districts and charter schools will handle absences due to religious observances, including, but not limited to, the following:
2.3.1 A student shall be excused for any of the following religious holidays when the school district or charter school receives a student's parent, guardian, or relative caregiver's signed, written excuse:
2.3.2 Each school district and charter school may excuse student absences on any other day not included on this list for religious or cultural observances.
2.3.3 A student of any school district or charter school who is absent due to a religious holiday observance shall not be deprived of any award or eligibility to compete for any award.
2.3.4 The attendance policy must discourage teachers from scheduling major grading events, such as tests, examinations, presentations, or project due dates on religious holidays.
2.3.5 A student who misses a grading event due to excused absence for observance of a religious holiday must be allowed the opportunity to take the test on an alternate day or take an alternate test or be given some other means to recover credit.
2.3.6 The Department of Education shall annually release a list of upcoming religious holidays for the upcoming school year and shall also keep an updated list on the Department of Education website.
2.3.7 The list in this regulation includes the name of the holiday to be observed. For an annual school year calendar with dates for the school year, visit the Department of Education's website. The annual calendar will be sent to all school districts and charter schools in time for school calendars creation.
2.3.8 Religious holidays occurring outside the standard school year are not included on this list. Holidays already included as public holidays on the State of Delaware calendar are not included on this list. All Jewish and Islamic holidays begin at sundown on the evening before the holiday. For holidays more than a day long, the date listed on the annual calendar is considered to be the time a student would be out of school. Additionally, some holidays, including those not listed here, involve fasting; so while a student may be in school, their parent/guardian may consider letting the school know the student is fasting.
**History**
- *2 DE Reg. 685 (10/01/98)*
- *7 DE Reg. 619 (11/01/03)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
##### **14 Del. Admin. Code § 615-3.0** Distribution of Attendance Policy {#sec-615-3.0 omnilex-key=us-de-regs-official--title-14--615-3.0}
3.1 Each district or charter school shall distribute and explain these policies to every student at the beginning of each school year.
3.2 Each district or charter school shall distribute and explain these policies to each student enrolling or re-enrolling during the school year.
3.3 Each district or charter school shall post the attendance policy on its website and notify a parent, guardian, or relative caregiver of each student in writing where this policy can be accessed. A hard copy shall be provided to a parent, guardian, or relative caregiver upon request or when absences have exceeded ten (10) unexcused absences. This hard copy will include phone numbers to area supports and a school contact number.
3.4 Each district or charter school shall distribute the school’s attendance policy to their educators and support staff at the beginning of each school year.
**History**
- *2 DE Reg. 685 (10/01/98)*
- *7 DE Reg. 619 (11/01/03)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
##### **14 Del. Admin. Code § 615-4.0** Reporting Requirements and Timelines {#sec-615-4.0 omnilex-key=us-de-regs-official--title-14--615-4.0}
4.1 Each school district or charter school shall have an electronic copy of its current attendance policy on file with the Department of Education.
4.2 Each school district or charter school shall provide an electronic copy of any revised attendance policy within ninety (90) days of such revisions regardless of whether said revisions were made as a result of changes to federal, state or local law, regulations, guidance or policies.
**History**
- *2 DE Reg. 685 (10/01/98)*
- *7 DE Reg. 619 (11/01/03)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
- *12 DE Reg. 221 (08/01/08)*
- *23 DE Reg. 1017 (06/01/20)*
- *25 DE Reg. 699 (01/01/22)*
### **616** Uniform Due Process Procedures for Alternative Placement Meetings and Expulsion Hearings
##### **14 Del. Admin. Code § 616-1.0** Purpose {#sec-616-1.0 omnilex-key=us-de-regs-official--title-14--616-1.0}
Pursuant to 14 Del.C. §122(b)(26), this regulation, which applies to all public school districts and charter schools, provides uniform procedures for the following situations: referral of students who warrant consideration for placement outside the Regular School Program into an Alternative Program; placement of students into an Alternative Program; monitoring student progress while in Alternative Placement; return of students back into the Regular School Program from an Alternative Program; Suspensions; and Expulsion hearings.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-2.0** Terms and Definitions {#sec-616-2.0 omnilex-key=us-de-regs-official--title-14--616-2.0}
In this regulation, the following terms and words shall have the following meaning unless the context clearly indicates otherwise:
"Administration" means administrative staff from a district, school, or charter school.
"Alternative Placement" means the removal of a student from his/her school on a temporary basis for a period of time as determined by the Alternative Placement Team and assignment to an Alternative Program.
"Alternative Placement Packet" means the documents submitted to the Alternative Placement Team including, but not limited to and as applicable, a student's academic information, behavioral information including reason for referral to Alternative Placement, attendance information, Individualized Education Plan (IEP), 504 plan, and immunization records.
"Alternative Placement Team (APT)" means a committee composed of the following: a representative of the Alternative Program staff; a district level coordinator who will be designated by the superintendent; the building level principal, assistant principal or other person as appropriate; the student's Parent; guidance counselor or school social worker; and, if appropriate, a representative from the Department of Services for Children Youth and Their Families (DSCYF) with knowledge of the student's and family's needs. Other individuals may be invited as determined by the APT. The APT reviews and prescribes the appropriate placement for students being considered for Alternative Placement.
"Alternative Placement Team Meeting" means a meeting held by the district/charter school Alternative Placement Team to determine the appropriate educational setting for a student whose behavior is within the defined conduct under 14 DE Admin. Code 614 and who has been recommended for Assignment to an Alternative Program.
"Alternative Program" means a school discipline improvement program that provides Appropriate Educational Services that has been created for students whose behavior(s) is within the defined conduct under 14 DE Admin. Code 614. This includes any programs managed by a school district/charter or the Consortium Discipline Alternative Program.
"Appropriate Educational Services" means instruction and assessment provided by the district/charter and includes access to instructional materials, graded homework and communication with educators so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting a level of proficiency in that curriculum.
"Assignment to an Alternative Program" means student Assignment to an Alternative Program, including Consortium Discipline Alternative Program and any Alternative Program maintained by a district/charter school, until the student has fulfilled the requirements to return to the Regular School Program.
"Attorney General's Report (Juvenile Arrest Warrant and Complaint)" means the Department of Justice's report of alleged out-of-school criminal conduct, regardless of jurisdiction, which shows disregard for the health, safety and welfare of others, including, but not limited to acts of violence, weapons offenses, and drug offenses.
"Board of Education" means the Board of Education of a reorganized school district or the Board of Directors of a charter school.
"Building Level Conference" means a meeting which is held by phone or in person between the Principal, other appropriate school staff members as determined by the Principal, a student and a student's Parent to discuss the student's misconduct relative to a recommendation for Suspension, Alternative Placement, or Expulsion.
"Consortium Discipline Alternative Program" means a school discipline improvement program which serves an organized consortium of school districts and/or charter schools as provided for in 14 Del.C. Ch. 16.
"Disciplinary Action" means the student identified for Short or Long-Term Suspension, Expulsion, or Alternative Placement who may be excluded from all school activities, including but not limited to, extracurricular sports/programs, field trips, and ceremonies; is not allowed on School Property unless placed in an Alternative Placement on School Property.
"Discipline Record" means all information about Disciplinary Action taken against a specific student as a result of any infraction of the school's/district's Student Code of Conduct or other rules.
"Expulsion" means Disciplinary Action approved by the Board of Education resulting in a student being removed from the Regular School Program for a duration not to exceed the total number of student days in a school year. A student expelled without Appropriate Educational Services shall be unenrolled from the district/charter during the term of the expulsion. Regardless of whether without or with services, including Alternative Placement, the expelled student is not eligible to enroll in any other Delaware public school during the period of the Expulsion and until any reasonable terms of the Expulsion are fulfilled.
"Grievance" means a formal complaint, filed per specific district/charter procedures, to school Administration regarding a student's rights or liberty interests having been denied or impaired. At a minimum, the procedures shall be similar to the Grievance Guidelines applicable to this regulation, as posted on the Department of Education website.
"Hearing Officer" means an official appointed by the district/charter to conduct a formal due process hearing for a student recommended for Disciplinary Action which requires a formal due process hearing. The Hearing Officer may be an employee of the district or charter school, but shall not have been involved in any review of the student incident at the building or district level.
"In-School Alternative Program" means a School-Based Intervention Program (SBI) as described in 14 DE Admin. Code 609. Placement is determined by the school's Student Intervention Team as described in 14 DE Admin. Code 609. The program design includes the student's regular curriculum, as well as character education, social skills development, conflict resolution, access to counseling services and behavior modification strategies.
"Intake Form" means the checklist used during the student Intake Meeting which ensures the inclusion of behavioral, academic, and other necessary information to facilitate the placement of a student at a Consortium Discipline Alternative Program.
"Intake Meeting" means the meeting at an Alternative Program site which includes the student, the Parent, district/charter school representative, program administrator and other appropriate Alternative Program staff. At this meeting the program's rules and expectations are reviewed, paperwork that requires student and Parent signatures is completed, and the district's/charter school's individualized goals and expectations for the alternatively-placed student are reviewed.
"Outside Agency" means any agency from which a student has received services, but does not include an Alternative Program. Examples include, but are not limited to: judicial placement, youth detention facility, substance abuse facility, and mental health facility.
"Parent" means a biological or adoptive parent of a child; a guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives and for whom a Relative Caregiver's School Authorization executed in compliance with 14 Del.C. §202(f)(1) is on file; an individual or entity who is otherwise legally responsible for the child's welfare; a surrogate parent who has been appointed in accordance with 14 DE Admin. Code 926.19; or a student who has reached the age of majority as defined in 1 Del.C. §701.
"Principal" means the building principal, or the equivalent of the building principal, of any district or charter school, or the principal's designee.
"Regular School Program" means student enrollment in a public school, not including specially assigned non-special education or student behavioral intervention programs within or outside the enrolled school, in which the student's classroom or course placement is based primarily on age, grade level and cognitive abilities as assigned by the school Administration or an IEP team and the student's participation in daily course instruction and activities within the assigned classroom or course.
"Repeated Violations of Student Code of Conduct" means five or more violations of the school's Student Code of Conduct within a school year, excluding chronic infractions for tardiness or unexcused absences to school/class.
"School Discipline Committee" means a school-level committee consisting of appropriate school personnel, similar to those identified in 14 Del.C. Ch. 16, which meets to decide on student Disciplinary Action recommendations made by the Principal.
"School Environment" means within or on School Property, and at school sponsored or supervised activities, including, for example, on school grounds, on school buses, at functions held on school grounds, at school sponsored extracurricular activities held on and off school grounds, on field trips and at functions held at the school in the evening.
"School Property" means any building, structure, athletic field, sports stadium or real property that is owned, operated, leased or rented by any public school district or charter school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or charter school, or any motor vehicle owned, operated, leased, rented or subcontracted by any public school or charter school.
"Student Code of Conduct" means the district/charter school approved document which specifies the rights and responsibilities of students, defines conduct that disrupts/threatens a positive/safe School Environment, standardizes procedures for consequences and Disciplinary Action, and defines due process and Grievance procedures.
"Student Review" means a formal meeting that takes place at the Alternative Program with the district/charter school representative, the Alternative Program Administrator, and other appropriate Alternative Program staff to determine to what degree the student currently placed in the Alternative Program is progressing toward their behavioral and academic goals as determined during the student's Intake Meeting. The student and Parent shall be invited to attend this meeting.
"Superintendent" means the chief school officer of any public school district or charter school, or the equivalent of a superintendent, or the superintendent's designee.
"Suspension, Long-term (Long-term Suspension)" means Disciplinary Action approved by the Superintendent upon recommendation of the Principal or District Alternative Placement Team resulting in the student being removed from the Regular School Program for eleven (11) consecutive school days or more and not to exceed the total number of school days in a school year. Student chooses to waive his right to a formalized due process hearing as outlined in Section 10.0 of this regulation, maintains enrollment in the district/charter, and is provided Appropriate Educational Services during the term of the suspension, but is excluded from all school activities including, but not limited to, extracurricular sports/programs, field trips, and ceremonies. Student is not allowed on School Property when suspension is out-of-school. A Long-term Suspension requires initial due process procedures as outlined in Section 4.0 of this regulation and the student choosing to waive his right to a formalized due process hearing as outlined in Section 10.0 of this regulation.
"Suspension, Short-term (Short-term Suspension)" means Disciplinary Action approved by the Principal or School Discipline Committee resulting in the student being removed from his Regular School Program for at least one (1) school day and not more than ten (10) consecutive school days. Student maintains enrollment in district/charter, but is excluded from all school activities including, but not limited to extracurricular sports/programs, field trips, and ceremonies. Student is not allowed on School Property when Short-term Suspension is out-of-school. A Short-term Suspension requires initial due process procedures as outlined in subsection 5.1 of this regulation.
"Transition Meeting" means a meeting to discuss the student's return to the Regular School Program which takes place at the school in which the student is enrolled, with the Alternative Program representative, the district/charter school representative, the student, the Parent, a school administrator, a teacher, a school counselor, a student advisor or disciplinarian if assigned, or other representative.
"Violent Felony" means a crime designated in 11 Del.C. §4201(c).
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-3.0** Preliminary Discipline Investigation & Reporting Requirements {#sec-616-3.0 omnilex-key=us-de-regs-official--title-14--616-3.0}
3.1 Investigatory Procedures & Timeline
3.1.1 In any instance when student Disciplinary Action which may result in removal of the student out of the Regular School Program for one day or more is contemplated, the Principal shall conduct a preliminary investigation to determine if there is reasonable basis to pursue Disciplinary Action.
3.1.1.1 The Principal may remove the allegedly offending student from the general student population while conducting the preliminary investigation if the student's presence in the School Environment poses a threat to the health, safety, or welfare to persons or property within the School Environment, as determined by the Principal. Initial due process in accordance with subsection 4.2.1 of this regulation shall be provided.
3.1.1.2 When obtaining written statements from witnesses, reasonable efforts may be made to notify the Parent of each witness.
3.1.1.3 Reasonable efforts shall be made to include the allegedly offending student or Parent in the preliminary investigation.
3.1.2 The investigation shall be completed within three (3) school days of the date the incident in question was reported.
3.1.3 The Principal shall confiscate any contraband as defined in the Student's Code of Conduct or under the School's policy or state or federal law, which may be used for criminal/juvenile delinquency proceedings. Such contraband shall be labeled and secured in a locked area. Any confiscated contraband, or that reasonably understood to be illegal contraband, which may be used for criminal/juvenile proceedings shall be turned over to the appropriate police agency as soon as practicable.
3.2 Reporting Requirements
3.2.1 If the investigation reveals that there is reliable information that would lead a reasonable person to believe that a mandatorily reportable crime under 14 Del.C. §4112 has been committed, the Principal shall immediately notify the appropriate law enforcement agency of the incident.
3.2.1.1 All reports to the appropriate law enforcement agency must be made immediately by telephone or in person and shall be followed by a written report of the investigation within three (3) business days.
3.2.2 The Principal shall report all offenses listed as a mandatory report to the Department of Education under 14 Del.C. §4112 and 14 DE Admin. Code 601 within five (5) business days of the incident by completing the information in the eSchoolPlus discipline center or successor Delaware Department of Education approved student database management application.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-4.0** Initial Due Process {#sec-616-4.0 omnilex-key=us-de-regs-official--title-14--616-4.0}
4.1 A student shall be afforded initial due process rights for discipline procedures which result in the removal of the student for one day or more from the Regular School Program due to a violation of the school's Student Code of Conduct.
4.1.1 Prior to any removal of one day or more from the Regular School Program due to a violation of the school's Student Code of Conduct:
4.1.1.1 The student had prior opportunity to be informed in accordance with the established Student Code of Conduct rules and/or regulations.
4.1.1.2 The administrator/designee shall inform, orally or in writing, the student of the allegation(s) against him/her, the conduct which forms the basis of the allegation(s), and the policy, rule, or regulation violated.
4.1.1.3 The student shall be given an explanation of the evidence supporting the allegation(s) and an opportunity to present his/her side of the story including any evidence.
4.2 Due Process Delay Provision
4.2.1 A student whose presence in the School Environment poses a threat to the health, safety, or welfare to persons or property within the School Environment, as determined by the Principal, may be immediately removed from school provided that, as soon as practicable thereafter, the initial due process procedures outlined in subsection 4.1 of this regulation are followed.
4.3 In addition to the initial due process rights, a student who is recommended for Alternative Placement or Expulsion shall receive applicable additional due process rights as outlined in Sections 7.0, 10.0, and 11.0 of this regulation.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-5.0** Suspensions {#sec-616-5.0 omnilex-key=us-de-regs-official--title-14--616-5.0}
5.1 Short-term Suspension
5.1.1 The Principal, in accordance with the rules of the district/charter school, shall have the right to impose a Short-term Suspension on any student in the school who has violated the school's Student Code of Conduct. The duration of the Short-term Suspension shall not be more than ten (10) consecutive school days for any single conduct violation or combination of violations which occurred during a single disciplinary incident.
5.1.2 The Superintendent, in accordance with the rules of the district/charter school, shall have the right to temporarily extend a student's Short-term Suspension beyond the ten school day limit pending a district/charter Alternative Placement Meeting decision or the district/charter's Board of Education decision regarding an Expulsion hearing or other formalized Disciplinary Action hearing for the student.
5.1.2.1 A student whose Short-term Suspension has been temporarily extended beyond ten (10) consecutive school days shall receive Appropriate Educational Services beginning on the first day of the extension. Educational services shall continue until the student's district/charter Alternative Placement Meeting decision has been rendered or the district/charter's Board of Education decision regarding the student's Expulsion hearing or other formalized Disciplinary Action hearing has concluded. This does not preclude a district/charter from providing Appropriate Educational Services during a Short-term Suspension prior to the extension.
5.2 Long-term Suspension
5.2.1 The Superintendent, in accordance with the rules of the district/charter school, shall have the right to impose a Long-term Suspension on any student in the school who has violated the school's Student Code of Conduct's listed acts of misconduct as defined in 14 DE Admin. Code 614.3. The duration of the Long-term Suspension shall not exceed the number of school days in a school year for any single conduct violation or combination of violations which occurred during a single disciplinary incident.
5.3 Prior to any Suspension from school, the initial due process procedures outlined in subsection 4.1 of this regulation shall be followed unless temporarily delayed as allowed in subsection 4.2 of this regulation.
5.4 When a student receives a Suspension from school (in or out-of-school), reasonable attempts to provide verbal notification to the Parent shall be made by the Principal prior to the Suspension being served. Written notification of the Suspension and information regarding the districts/charters appeal or Grievance process shall be given or sent to the Parent as soon as practicable, but no later than three business days. The notification shall state the cause and duration of the Suspension.
5.4.1 The Parent or student may appeal the Suspension to the next administrative level in accordance with the district/charter's appeal or Grievance process.
5.5 Prior to the student's return from an out-of-school Suspension of three (3) school days or more, the Principal shall hold an in-person or phone conference with the Parent and student. A definite time, date, and place for the conference shall be designated by the Principal. The Principal may waive this conference requirement.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-6.0** Requirement of Grievance Process {#sec-616-6.0 omnilex-key=us-de-regs-official--title-14--616-6.0}
6.1 Each district/charter school shall have a written Grievance procedure. The district/charter school shall have the written Grievance procedures available for Parent review.
6.2 Grievance procedures, shall, at a minimum, be similar to the Grievance guidelines applicable to this regulation as posted on the Department of Education's website.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-7.0** Assignment to an Alternative Program {#sec-616-7.0 omnilex-key=us-de-regs-official--title-14--616-7.0}
7.1 Procedures for Student Referral
7.1.1 Criteria for student referral to an Alternative Placement.
7.1.1.1 A Principal may refer a student for Alternative Placement for any severe disciplinary violation for which Alternative Placement may be a consequence as specified in the district/charter school Student Code of Conduct and the student's behavior is within the defined conduct under 14 DE Admin. Code 614.
7.1.1.2 A Principal may refer a student for Alternative Placement for any offense listed in 14 Del.C. §4112. Students ineligible as a result of an offense listed in 14 DE Admin. Code 611 shall not be referred to a Consortium Discipline Alternative Program.
7.1.1.3 A Principal may refer a student for Alternative Placement in conjunction with an Attorney General's Report or court disposition that indicates that the student has been charged with a Violent Felony and/or is a threat to the health, safety, and welfare of others within the School Environment. Students ineligible as a result of an offense listed in 14 DE Admin Code 611 shall not be referred to a Consortium Discipline Alternative Program.
7.1.1.4 A Principal may refer a student for Alternative Placement in conjunction with chronic disruptive behaviors which result in Repeated Violations of the Student Code of Conduct after all school-based best practice interventions have been put into place for said student. This may include, but is not limited to, counseling services, the development and implementation of a behavior support or modification plan, mentoring, referral to mediation, and participation in an available In-School Alternative Program.
7.1.1.5 Referral to a state funded Consortium Discipline Alternative Program must also meet the criteria set forth in 14 DE Admin. Code 611.
7.1.1.5.1 A referral of a charter school student to a Consortium Discipline Alternative Program shall also comply with the provisions of 14 Del.C. §504A(8).
7.2 Responsibilities for Student Referral Which May Lead to Alternative Program Placement
7.2.1 When it is alleged that a student committed a violation of the Student Code of Conduct and may be subject to a recommendation for Alternative Placement, the following procedures shall occur:
7.2.1.1 The Principal shall conduct a preliminary investigation pursuant to Section 3.0 of this regulation to determine if there is reasonable basis to pursue Disciplinary Action.
7.2.1.2 If the preliminary investigation verifies that Disciplinary Action may be warranted, initial due process procedures outlined in Section 4.0 of this regulation shall be followed.
7.2.1.3 After the student has been afforded initial due process procedures, and if the Principal decides that Disciplinary Action will be taken, the student and Parent shall be notified.
7.2.1.4 The Principal may impose a Short-term Suspension. If the student is suspended, the student and the Parent shall be provided a copy of a Suspension form that includes a written notice of the Student Code of Conduct violation(s).
7.2.1.5 If the Principal decides that the Disciplinary Action should be a referral for an Alternative Placement, the Principal shall compile an Alternative Placement Packet for the student. The Alternative Placement Packet may also include other relevant information at the discretion of the Principal.
7.2.1.5.1 Schools/charters which utilize a site-based School Discipline Committee may have the committee meet to discuss the incident and make a recommendation to the Principal for the student to remain in the current school setting, or for referral to an Alternative Program.
7.2.1.6 A charter school Principal shall verify that the Alternative Placement referral meets the conditions set forth in 14 Del.C. §504A(8).
7.2.1.7 For all referrals for Alternative Placement for a general education or special education student, the Principal shall hold a Building Level Conference with the Parent and the student.
7.2.1.7.1 The Principal shall explain to the Parent and the student the purpose of the meeting is to inform them: 1) of the referral for Alternative Placement; 2) that the student may be suspended pending the outcome of the district/charter school Alternative Placement Team Meeting and; 3) of the procedures that will take place as follow-up to the referral for Alternative Placement.
7.2.1.7.2 The conference shall be held by phone or in person.
7.2.1.7.3 The Principal shall have at least one other person present to take notes during the conference or shall have the conference audio recorded.
7.2.1.8 Notice of the Alternative Placement Meeting shall be mailed to the Parent and the student via regular U.S. and certified mail at least five business days before the meeting is to occur.
7.3 Alternative Placement Meeting for Districts/Charter Schools
7.3.1 A district/charter school Alternative Placement Meeting shall take place to determine if an alternative setting is appropriate for a referred student.
7.3.1.1 The Parent and student shall receive verbal and written notification of the district/charter school's Alternative Placement Meeting. Parents and student may, but are not required to, attend the meeting.
7.3.1.2 The Parent and student shall be informed of the district/charter school Alternative Placement Team's decision for placement within one (1) business day of the meeting.
7.3.1.2.1 If the decision is to assign to an Alternative Placement, the Superintendent shall send follow-up written notice within three (3) business days to the Parent describing the circumstances which led to the placement, identifying the Alternative Program to which the student is being assigned, and the conditions which must be met in order for the student to return to the Regular School Program.
7.4 Student Assignment to an Alternative Program
7.4.1 The district/charter school representative shall contact the selected Alternative Program to set up a date and time for an Intake Meeting.
7.4.1.1 The Intake Meeting shall not occur unless all required participants are present, unless excused by the Superintendent, and documentation from the Alternative Placement Packet is provided.
7.4.1.1.1 Participants required to be present at the Intake Meeting include, but are not limited to, the student, the Parent, a district/charter school representative, the Alternative Program administrator, and other appropriate Alternative Program staff.
7.4.1.2 A student assigned to a Consortium Discipline Alternative Program must be registered in a district/charter school before the Intake Meeting is held.
7.4.1.3 The Intake Meeting will include the completion of necessary forms, including the Intake Form, which requires student and Parent signatures.
7.4.1.4 During the Intake Meeting, the district/charter school representative shall communicate, to all in attendance, the district/charter school's individualized goals and expectations for the alternatively placed student, including the Individualized Service Plan (ISP) under 14 DE Admin. Code 611, if applicable. The individualized goals and expectations shall be recorded on the Intake Form.
7.4.1.4.1 The Intake Form shall be signed by all parties, copied and distributed to the student and Parent, Alternative Program administrator, and district/charter school representative and shall become part of the student's educational record as defined by 14 DE Admin. Code 252.
7.4.2 The district/charter school shall maintain all alternatively placed students' enrollment status in Delaware Student Identification System (DELSIS) and eSchool PLUS database systems or successor Delaware Department of Education approved student database management system. A student placed in a Consortium Discipline Alternative Program shall have both an "active" and "service" status designation in DELSIS.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-8.0** Procedures for Student Monitoring while in Alternative Placement {#sec-616-8.0 omnilex-key=us-de-regs-official--title-14--616-8.0}
8.1 A Student Review for each student in the Alternative Program shall be completed. Quarterly reviews are recommended. Semi-annual reviews are required.
8.1.1 The Student Review shall include an examination of student attendance, grades and Discipline Records, including the student's strengths and weaknesses in connection with their individualized goals and expectations at the time of the Student Review.
8.1.2 The Student Review shall also include recommendations for continued progress and/or return (or recommendation not to return) to the Regular School Program.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-9.0** Procedures for Student Return to the Regular School Program {#sec-616-9.0 omnilex-key=us-de-regs-official--title-14--616-9.0}
When a Student Review results in a recommendation for return to the comprehensive school setting, a Transitional Meeting at the student's comprehensive school will be held between the Alternative Program representative, the district/charter school representative, the student, the Parent, the school administrator, a teacher, a school counselor, a student advisor or disciplinarian, if assigned. Other individuals may be invited as determined by the members of the Transitional Meeting team. This meeting shall take place prior to a student's return to that comprehensive school and shall result in a document setting forth the terms of the return.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-10.0** Procedures for the Expulsion of Students {#sec-616-10.0 omnilex-key=us-de-regs-official--title-14--616-10.0}
10.1 When it is alleged that a student committed a violation of the Student Code of Conduct and may be subject to a recommendation for Expulsion, the following procedures shall be followed.
10.1.1 The Principal shall conduct a preliminary investigation pursuant to Section 3.0 of this regulation to determine if there is reasonable basis to pursue Disciplinary Action.
10.1.2 If the investigation verifies that Disciplinary Action may be warranted, initial due process procedures outlined in Section 4.0 of this regulation shall be followed.
10.2 After the student has been afforded initial due process procedures, if the Principal decides that Disciplinary Action in the form of a recommendation for Expulsion will be made, the following procedures shall be followed:
10.2.1 Student will be given written notice of charges and the Parent shall be notified verbally and in writing as soon as practicable thereafter.
10.2.2 The student shall be given a Short-term Suspension pursuant to the criteria outlined in Section 6.0 of this regulation. The Parent shall be provided a copy of a Suspension form that includes a written notice of the Student Code of Conduct violation(s).
10.2.3 The Principal shall hold a Building Level Conference with the Parent and the student. The Principal shall explain to the Parent and the student the purpose of the meeting is to inform them: 1) of the recommendation for Expulsion; 2) that the student will be serving a Short-term Suspension pending the outcome of the Expulsion hearing and; 3) of the procedures that will take place as follow-up to the recommendation for Expulsion.
10.2.3.1 The conference shall be held by phone or in person.
10.2.3.2 The Principal shall have at least one other person present to take notes during the conference or shall have the conference audio recorded.
10.2.4 All documentation related to the recommendation for Expulsion shall be delivered to the Superintendent within two (2) business days of the Building Level Conference or seven (7) business days of the incident, whichever is sooner.
10.3 Expulsion Hearings
10.3.1 Upon receipt of a recommendation following the Building Level Conference, the Superintendent shall review documentation to affirm that appropriate discipline procedures were followed. The Superintendent shall, within ten (10) business days of the date of the incident, notify the student and the Parent by letter that a district-level Expulsion hearing will be held to consider the recommendation.
10.3.1.1 The Superintendent shall not have been a participant in the disciplinary investigation or Building Level Conference resulting in the recommendation for Expulsion.
10.3.2 Written notice shall, at a minimum, be sent by regular U.S. and certified mail to the Parent describing the circumstances which led to the recommendation for Expulsion and shall give the date, time, and location of the hearing.
10.3.3 The hearing shall be held not less than seven (7) business days or more than twenty (20) business days after receipt of written notice. The written notice shall be deemed to be received on the fourth business day following the day of mailing. This time period may be waived by agreement of the parties. A copy of the documentation shall be made available, upon request, to the student and Parent at the district/charter school office prior to the mailing.
10.3.4 If requested, the student and Parent will also be given a copy of the following:
10.3.4.1 The reason(s) for the recommendation;
10.3.4.2 The name(s) of witnesses who may appear; and
10.3.4.3 Copies of information that may be submitted as evidence.
10.3.5 The district/charter shall receive written Parent permission for any witness who is a minor.
10.3.6 The hearing shall be conducted by a district/charter Board of Education or Hearing Officer.
10.3.7 The Board of Education or Hearing Officer shall have full authority to admit or exclude evidence.
10.3.7.1 Evidence presented at the Expulsion hearing may include, but is not limited to, witness statements, police or Attorney General's Reports, and photocopies of evidence.
10.3.7.2 The Board of Education or Hearing Officer is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure except as herein stated.
10.3.7.3 The Board of Education or Hearing Officer may exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence.
10.3.7.4 The Board of Education or Hearing Officer may limit unduly repetitive proof, rebuttal and cross examination.
10.3.8 In conducting the hearing, the district/charter school shall submit evidence first followed by the response of the student, if any.
10.3.8.1 Further evidence by either party may be presented at the hearing if the Board of Education or Hearing Officer determines such evidence is necessary.
10.3.9 The Superintendent presenting the case on the part of the district/charter school shall not testify.
10.3.10 The hearing shall be recorded in a manner that will permit transcription.
10.3.11 The student shall have the following rights:
10.3.11.1 To be represented by legal counsel at the student's expense;
10.3.11.2 To cross-examine witnesses;
10.3.11.3 To testify and produce witnesses on his/her behalf; and
10.3.11.4 To obtain, at the student's expense, a copy of the transcript of the hearing.
10.3.12 In lieu of a formal Expulsion hearing, a student may elect to waive the hearing and admit to the student’s violation charge(s). The student and Parent shall submit a signed written hearing waiver which indicates that the student is knowingly and voluntarily waiving their right to the hearing. Such election may be exercised until the commencement of the hearing. This waiver does not absolve the student from required consequences under Federal or State Law or the Student Code of Conduct.
10.4 Expulsion Decision by Board of Education
10.4.1 Decision after Hearing Officer Presides over Hearing
10.4.1.1 Within five (5) business days following the conclusion of an Expulsion hearing conducted by a Hearing Officer, a written report shall be prepared by the Hearing Officer for the Superintendent.
10.4.1.1.1 The report shall frame the issues, summarize the evidence, state conclusions of fact, and make a recommendation as to whether the student should be expelled.
10.4.1.2 The Board of Education shall make its decision at the next scheduled public Board Meeting or additional scheduled public board meeting for the sole purpose of deciding on the student disciplinary matter in question.
10.4.1.2.1 The Board shall conduct a review of the Hearing Officer's recommendation. The Board may accept, reject, or modify the recommendation of the Hearing Officer. The Board's decision shall be in writing in accordance with subsection 10.4.5 of this regulation and shall be based solely upon the report from the Hearing Officer and the record of the Expulsion hearing, if any.
10.4.2 Decision after Board of Education Presides over Hearing
10.4.2.1 Following the conclusion of an Expulsion hearing conducted by the Board of Education, the Board shall frame the issues, summarize the evidence, state conclusions of fact and render its decision.
10.4.2.2 The Board's decision shall be in writing in accordance with subsection 10.4.5 and shall be based solely upon the record of the Expulsion hearing of which it presided over.
10.4.3 Decision After Waiving of Hearing Rights and Admission to Violation Charges
10.4.3.1 Within five (5) business days following the waiving of hearing rights and admission of violation charges, the Superintendent shall prepare a report for the Board of Education's action at its next public board meeting or an additional scheduled public board meeting for the sole purpose of deciding on the student disciplinary matter in question.
10.4.4 Eligible expelled students shall be placed in a Consortium Discipline Alternative Program in accordance with 14 Del.C. §1604 and 14 DE Admin. Code 611. The Board shall determine if the students not eligible for placement in a Consortium Discipline Alternative Program shall be expelled with or without Appropriate Educational Services.
10.4.5 Any decision to expel a student shall be reported to the Delaware Department of Education within five (5) business days of the Board's decision to expel. When a Board of Education expels a student, but determines the student shall not be placed at a Consortium Discipline Alternative Program, the written decision shall address with specificity the reason for non-placement and the evidence in support thereof. Such decisions shall be submitted to the Delaware Department of Education's Office of School Climate and Discipline within five business days of such decision, with a copy to the student's Parent.
10.4.6 Except as is otherwise provided herein, within ten (10) business days of the decision by the Board, the Board, through its designee, shall submit its decision to the Superintendent and Parent and student in writing. The written decision shall include notice of the right to appeal to the State Board of Education.
10.5 Calculation of Time
10.5.1 In calculating the period of time for the term of the Expulsion, school days will be used. Students receiving residential services from a Department of Services for Children, Youth and Their Families (DSCYF) program shall have the amount of school days served in such program counted as part of the calculation of time for an Expulsion. This does not preclude a district/charter from transitioning a student from a YRS program to the Regular School Program through an Alternative Program. However, transition through an Alternative Program is not required.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
##### **14 Del. Admin. Code § 616-11.0** Students with Disabilities {#sec-616-11.0 omnilex-key=us-de-regs-official--title-14--616-11.0}
11.1 Nothing in this regulation shall alter a district/charter school's duties under the Individual with Disabilities Act (IDEA) or 14 DE Admin. Code 922 through 929. Nothing in this regulation shall prevent a district/charter school from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and Delaware Department of Education regulations.
11.2 Nothing in this regulation shall alter a district/charter school's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a district/charter School from providing supportive instruction to such students.
**History**
- *22 DE Reg. 583 (01/01/19)*
- *22 DE Reg. 583 (01/01/19)*
- *20 DE Reg. 277 (10/01/16)*
- *22 DE Reg. 583 (01/01/19)*
### **621** District and School Emergency Preparedness Policy
##### **14 Del. Admin. Code § 621** District and School Emergency Preparedness Policy {#sec-621 omnilex-key=us-de-regs-official--title-14--621}
*Note: 29 Del.C. §8237, otherwise known as the Omnibus School Safety Act (OSSA), replaces this regulation and therefore this regulation is no longer needed.
**History**
- *12 DE Reg. 1081 (02/01/09)*
- *19 DE Reg. 1014 (05/01/16)*
## **700** Finance and Personnel
### **701** Unit Count
##### **14 Del. Admin. Code § 701-1.0** Forms and Record Keeping {#sec-701-1.0 omnilex-key=us-de-regs-official--title-14--701-1.0}
1.1 All information submitted through the unit count process shall be on forms provided by the Department of Education or in such other format as may be acceptable to the Department.
1.2 Each school shall maintain September enrollment records in a manner which allows for efficient enrollment audits by the Department of Education and the State Auditor of Accounts. At the end of September, each school shall assemble a comprehensive enrollment file that contains all necessary support materials to substantiate the enrollments reported. This file shall be retained in the school for at least 3 years.
1.3 Records to substantiate students with disabilities included in the enrollment count shall contain a student Individualized Education Program (IEP) in effect during the last week of school in September and eligibility documentation. However, individual student files may be reviewed by the Department of Education or State Auditor of Accounts to ascertain that the students reported are identified as a child with a disability determined to be eligible for special education and related services under 14 DE Admin. Code 925.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *15 DE Reg. 68 (07/01/11)*
- *25 DE Reg. 275 (09/01/21)*
- *2 DE Reg. 382 (09/01/98)*
- *5 DE Reg. 627 (09/01/01)*
- *6 DE Reg. 74 (07/01/02)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
##### **14 Del. Admin. Code § 701-2.0** Special Situations Regarding Enrollment {#sec-701-2.0 omnilex-key=us-de-regs-official--title-14--701-2.0}
2.1 All exceptions and extenuating circumstances relating to the enrollment count are addressed to the Secretary of Education and shall be received by the Secretary for consideration prior to September 30.
2.2 Students with disabilities included in the special education unit count under the placement provisions of Transfer Students or Change of Placement shall meet the evaluation and placement requirements found in 14 DE Admin. Code 925.
2.3 Students not assigned to a specific grade shall be reported in a grade appropriate for their age or their instructional level for purposes of the unit count.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *15 DE Reg. 68 (07/01/11)*
- *25 DE Reg. 275 (09/01/21)*
- *2 DE Reg. 382 (09/01/98)*
- *5 DE Reg. 627 (09/01/01)*
- *6 DE Reg. 74 (07/01/02)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
##### **14 Del. Admin. Code § 701-3.0** Accounting for Students Not in Attendance the Last Ten Days in September {#sec-701-3.0 omnilex-key=us-de-regs-official--title-14--701-3.0}
3.1 For students not in attendance at school during the last 10 school days of September during which students are required to be in attendance, the following information shall be on file to substantiate their inclusion in the enrollment count:
3.1.1 Reason for absence, usually medical, and date of last direct contact with student or parent.
3.1.2 Reason to believe that student will be returning to school prior to November 1.
3.1.3 District and charter schools enrolling an intra-state transfer student during the last 10 school days of September during which students are required to be in attendance shall first determine if the student is currently obligated under a choice agreement or first-year charter agreement before enrolling the student. If an agreement exists, “good cause” pursuant to 14 Del.C. §402 and §506(d) respectively must be determined before the receiving district or charter school can enroll the student. District and charter schools enrolling an in state transfer student during the last 10 school days of September shall notify the student's previous district or charter school of such enrollment no later than the last student attendance day of September. The notification shall be by electronic submission via email with a follow up letter to the previous district or charter school’s unit count coordinator’s office. The notification shall be clearly labeled Unit Count Transfer Students and include the student's name, grade, and previous school of attendance. A student enrolling with a formal notice of withdrawal from the previous district or charter school is exempted from this notification requirement. Failure to follow the notification procedure may result in including the same student in two different district or charter school enrollments and hence unit counts. If that occurs, the student will be disallowed from the receiving district or charter school’s enrollment and unit count. Copies of the electronic submission via email and follow up letters shall be on file to substantiate the student's inclusion in the receiving district or charter school’s enrollment and unit count.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *15 DE Reg. 68 (07/01/11)*
- *25 DE Reg. 275 (09/01/21)*
- *2 DE Reg. 382 (09/01/98)*
- *5 DE Reg. 627 (09/01/01)*
- *6 DE Reg. 74 (07/01/02)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
##### **14 Del. Admin. Code § 701-4.0** Programs, Situations and Program Types that Qualify for Inclusion in the Unit Count {#sec-701-4.0 omnilex-key=us-de-regs-official--title-14--701-4.0}
4.1 Students in the following programs, situations and program types shall qualify for inclusion in the enrollment count:
4.1.1 Delaware Adolescent Program, Inc. (DAPI):
4.1.1.1 Students enrolled in DAPI shall be counted in the enrollment of the sending school.
4.1.1.2 Students shall receive the level of special education service as defined by the current IEP.
4.1.1.3 If a student was enrolled the previous year in a Career Technical Program in the reporting school, the students shall be reported as enrolled in the next career technical course in the program series.
4.1.2 Repeating seniors who are enrolled in school for a minimum number of instructional hours defined as 3 traditional courses or an equivalent time in a block schedule, shall be included in the unit count provided they meet the age and residency requirements. Students in the James H. Groves In School Credit Program (14 DE Admin. Code 915, subsection 2.2) and students in the Advanced Placement Program shall be enrolled and attend at least 1 full credit course in their high school to be included in the unit count provided they also meet the age and residency requirements.
4.1.3 Temporary problem, usually medical, which precludes school attendance prior to November 1.
4.1.4 Supportive Instruction (Homebound)
4.1.4.1 Students receiving supportive instruction (homebound) pursuant to 14 DE Admin. Code 930 qualify for inclusion in the unit count.
4.1.4.2 A child with a disability receiving supportive instruction (homebound) shall be included in the unit count as a special education student if, in the child's placement immediately preceding the homebound placement, the child had an IEP in effect during the last week of school in September.
4.1.5 Department of Services for Children, Youth and Their Families or Department of Correction Facilities: Students on a temporary basis pending disposition of case who are expected to return to school prior to November 1.
4.1.6 Consortium Discipline Alternative Program:
4.1.6.1 Students enrolled at a Consortium Discipline Alternative Programs site shall be counted in the enrollment of the sending school pursuant to 14 DE Admin. Code 611.
4.1.6.2 Students shall receive the level of special education service as defined by the current IEP.
4.1.6.3 If a student was enrolled in the previous year in a Career Technical Program in the reporting school, the students shall be reported as enrolled in the next career technical course in the program series.
4.1.7 Except as provided in Sections 5.0 and 7.0, all pre-kindergarten children with disabilities shall be counted in the Preschool Pre-K to 12 Intensive Special Education (Intensive) or Pre-K to 12 Complex Special Education (Complex) units.
4.1.8 Students enrolled in residential facilities as of the last day of September are included in the enrollment count of the district operating the instructional program in that facility. The facilities that are eligible shall be identified each year by the Department of Education.
4.1.9 Regular programs include students who are enrolled in the regular elementary or secondary curriculum of the school, i.e., the core of the school subjects taken by most students.
4.1.10 Special education services include students who have been found eligible for special education and related services under 14 DE Admin. Code 925, Section 6.0 and have an IEP in effect during the last week of school in September. Students with disabilities must have appropriate supporting documentation on file as required by the Identification, Evaluation and Placement Process in 14 DE Admin. Code 925.
4.1.11 A maximum of 900 minutes of career and technical education time per week per student shall be credited toward the career and technical education unit determination. However, units shall be counted on the basis of 1 unit for each 30 students for students enrolled in the New Castle County Votech School District, the POLYTECH School District and the Sussex Technical School District.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *15 DE Reg. 68 (07/01/11)*
- *25 DE Reg. 275 (09/01/21)*
- *2 DE Reg. 382 (09/01/98)*
- *5 DE Reg. 627 (09/01/01)*
- *6 DE Reg. 74 (07/01/02)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
##### **14 Del. Admin. Code § 701-5.0** Programs and Situations that Do Not Qualify for the Unit Count {#sec-701-5.0 omnilex-key=us-de-regs-official--title-14--701-5.0}
5.1 Students in the following programs and situations do not qualify for inclusion in the enrollment count:
5.1.1 Students who have not attended school during the last 10 days of September.
5.1.2 Students who are enrolled in General Education Development (GED) programs.
5.1.3 Students who are enrolled in other than Department of Education approved programs.
5.1.4 Students who are transferred to a state residential facility during September shall not be included in the enrollment count of the district or charter school unless that district or charter school operates the facility's instructional program; otherwise the student must be treated as a withdrawal.
5.1.5 Students enrolled in a homeschool as defined in 14 Del.C. §2703A.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *15 DE Reg. 68 (07/01/11)*
- *25 DE Reg. 275 (09/01/21)*
- *2 DE Reg. 382 (09/01/98)*
- *5 DE Reg. 627 (09/01/01)*
- *6 DE Reg. 74 (07/01/02)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
##### **14 Del. Admin. Code § 701-6.0** Nontraditional High School Schedules {#sec-701-6.0 omnilex-key=us-de-regs-official--title-14--701-6.0}
6.1 For unit count purposes, if a career technical student in a school utilizing nontraditional schedules receives, during the course of the year, the same amount of instruction the student would have received under a traditional class schedule, the district shall average the time and calculate instructional time on a weekly basis; providing however, that a career technical student receives a minimum of 300 minutes of instruction per week.
6.1.1 The following exemplifies a situation with the required minimum minutes and hours for a full time career technical student and shows that the heavy concentration of minutes or hours could occur either in the fall or the spring of the year:
Fall and Spring Career Technical = 300 minutes per week
Spring and Fall Career Technical = 1500 minutes per week
1800 /2 = 900 minutes per week
6.2 For unit count purposes, a district shall meet the following criteria to include selected students participating in a district’s Distance Education/Twilight Program in the September 30 unit count:
6.2.1 For purposes of this section, a Distance Education/Twilight Program shall mean a district approved credit bearing program as follows:
6.2.1.1 Students must be currently suspended indefinitely or expelled by the district and enrolled in the district’s alternative placement program; or
6.2.1.2 Students with disabilities enrolled in the district’s Distance Education/Twilight Program for credit recovery only must be receiving services as decided upon by the IEP team and reflected in the IEP on-site; or
6.2.1.3 The inclusion of students with non-behavior issues and not special education in the unit count can only be included if there is not a break in educational service and they meet the entry criteria of the program and the additional criteria outlined in subsections 6.2.2 through 6.2.9;
6.2.2 Students and their parents or guardians must attend a mandatory program orientation session provided by the district staff. A sign in sheet and signed agreement will be kept on file and serve as sufficient evidence to meet this requirement.
6.2.3 Students must be enrolled for a minimum of 3 courses.
6.2.4 Students must be required to complete a minimum number of hours of active engagement each week that they are enrolled in the program. The minimum number of hours should not be less than 3 hours per week.
6.2.5 Students must be enrolled in eSchoolPLUS, the statewide pupil accounting system.
6.2.6 The district must keep records on file for the school year of the unit count on work completed and time spent working on the educational program for each enrolled student. The district must submit a sample to the Department of Education that may serve as sufficient evidence to meet this requirement.
6.2.7 The district must provide evidence of staff monitoring the progress of each student and providing feedback to participating students and their parents or guardians.
6.2.8 The district must show evidence on how progress of students enrolled in the program is incorporated into their academic record for meeting the district’s graduation requirements.
6.2.9 An audit file containing information listed in subsection 6.2 and its subsections must be maintained on all students participating in the program and must be presented upon request to the Department of Education or the State Auditor’s Office.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *15 DE Reg. 68 (07/01/11)*
- *25 DE Reg. 275 (09/01/21)*
- *2 DE Reg. 382 (09/01/98)*
- *5 DE Reg. 627 (09/01/01)*
- *6 DE Reg. 74 (07/01/02)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
##### **14 Del. Admin. Code § 701-7.0** Charter Schools {#sec-701-7.0 omnilex-key=us-de-regs-official--title-14--701-7.0}
Funding for charter schools is limited to students lawfully enrolled in such grades K through 12 as the charter school may be approved to operate. Charter schools shall not include any Pre-K students in their enrollment for unit count purposes. This section shall not be interpreted to authorize any charter school to enroll Pre-K students.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *15 DE Reg. 68 (07/01/11)*
- *25 DE Reg. 275 (09/01/21)*
- *2 DE Reg. 382 (09/01/98)*
- *5 DE Reg. 627 (09/01/01)*
- *6 DE Reg. 74 (07/01/02)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
##### **14 Del. Admin. Code § 701-8.0** Unit Adjustments After Audit {#sec-701-8.0 omnilex-key=us-de-regs-official--title-14--701-8.0}
If, after the units are certified by the Secretary of Education, a student is disqualified through the auditing process from the unit count, the units will be recalculated without that student. Another eligible student shall not be substituted for the disqualified student. A special education student who has been identified and is receiving special education services and is disqualified from the unit count due to irregularities contained within supporting documentation, may then be included in the appropriate regular enrollment category provided the student meets eligibility requirements. Only a student disqualified by the audit process may be reassigned to another unit category. In no event can this adjustment result in a net increase in units for a district.
**History**
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
- *8 DE Reg. 1473 (04/01/05)*
- *15 DE Reg. 68 (07/01/11)*
- *25 DE Reg. 275 (09/01/21)*
- *2 DE Reg. 382 (09/01/98)*
- *5 DE Reg. 627 (09/01/01)*
- *6 DE Reg. 74 (07/01/02)*
- *8 DE Reg. 1473 (04/01/05)*
- *13 DE Reg. 1452 (05/01/10)*
- *15 DE Reg. 68 (07/01/11)*
- *20 DE Reg. 799 (04/01/17)*
- *25 DE Reg. 275 (09/01/21)*
- *25 DE Reg. 405 (10/01/21)*
- *26 DE Reg. 313 (10/01/22)*
### **702** Education Opportunity Fund
##### **14 Del. Admin. Code § 702-1.0** Purpose {#sec-702-1.0 omnilex-key=us-de-regs-official--title-14--702-1.0}
Pursuant to 14 Del.C. §1726(b), the purpose of this regulation is to identify the types of services and supports that may be funded with the per pupil funding from the Opportunity Fund.
**History**
- *26 DE Reg. 317 (10/01/22)*
##### **14 Del. Admin. Code § 702-2.0** Definitions {#sec-702-2.0 omnilex-key=us-de-regs-official--title-14--702-2.0}
The following words and terms, when used in this regulation, have the following meaning:
"English Learner" or "EL" means an individual who has English language speaking, reading, writing, or understanding difficulties sufficient to deny the individual the ability to meet challenging state academic standards as defined using Delaware's standardized entrance and exit procedures.
"Low Income Students" means students within the statewide metric determined by the Department of Education utilizing direct certification for Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP).
"Mental Health Supports" means a variety of strategies and services that can support the social, emotional and behavioral wellbeing and mental health of students and their families. Supports of this type include, behavioral assessment and intervention, individual and group counseling, family psychoeducation and support interventions, social skills group interventions, social and emotional learning, and mental health promotion, instruction and support, engagement strategies, assessment, screening, crisis management, suicide prevention and coordination of services.
"Opportunity Fund" means the fund containing monies appropriated in the Annual Appropriations Act, which are to be used to enhance services for English Learners and Low Income Students enrolled in public schools.
"Students with Interrupted Formal Educations" or "SIFE" means English Learners who have attended schools in the United States for less than 12 months and who, upon initial enrollment in such schools, are 2 or more years below grade level in literacy in their home language or 2 or more years below grade level in mathematics due to inconsistent or interrupted schooling prior to arrival in the United States.
"WIDA English Language Development Standards" means the state adopted standards used to plan and implement language instruction and assessment for English Learners in order to provide the social, instructional, and academic language that students need to engage with peers, educators, and curriculum in schools.
"Wrap-around Services" means a variety of strategies and services designed to support the needs of the student in the areas of attendance, academic engagement, and behavioral functioning by strengthening connections and attachments in the school setting. Wrap-around supports are strength-based and reliant on a team planning process that engages children, youth, and their caregivers in a problem-solving approach that yields a service plan that is culturally and linguistically responsive to the needs of the student.
**History**
- *26 DE Reg. 317 (10/01/22)*
##### **14 Del. Admin. Code § 702-3.0** Types of Services and Supports {#sec-702-3.0 omnilex-key=us-de-regs-official--title-14--702-3.0}
3.1 Services and supports identified for improving reading comprehension, math proficiency, wrap-around services and mental health supports for ELs and Low Income Students that may be funded by the Opportunity Fund include:
3.1.1 Employing additional personnel such as:
3.1.1.1 EL Teachers.
3.1.1.2 EL Coaches.
3.1.1.3 EL Paraprofessionals.
3.1.1.4 Reading Specialists.
3.1.1.5 Reading/Mathematics Interventionists.
3.1.1.6 Reading/Mathematics Coach.
3.1.1.7 Reading/Mathematics Paraprofessionals.
3.1.1.8 School Counselors.
3.1.1.9 School Social Workers.
3.1.1.10 School Psychologists.
3.1.1.11 Licensed Clinical Social Worker.
3.1.1.12 Other mental health personnel not limited by the Annual Appropriations Act.
3.1.2 Contractual services such as:
3.1.2.1 Translation and interpretation services and applications.
3.1.2.2 Professional learning services to build educator capacity to implement the WIDA English Language Development Standards.
3.1.2.3 Professional learning services to build educator capacity to strengthen Tier 1 instruction for ELs and students experiencing poverty.
3.1.2.4 Professional learning services to support educators in meeting the needs of unique populations ELs, including long-term ELs, SIFEs, newcomer students, students dually-identified as ELs and with disabilities, and ELs who are talented and gifted.
3.1.2.5 Professional learning services to support personnel listed in subsection 3.1.1.
3.1.2.6 Extended day learning experiences.
3.1.2.7 Summer learning experiences.
3.1.2.8 Supplemental transportation costs to support student attendance at extended day and summer learning experiences.
3.1.2.9 Contracted coaching and instructional support for installing and implementing interventions.
3.1.2.10 Data systems specifically designed to increase usability of EL and Low Income Student data for instructional decision making.
3.1.2.11 Contracted mental health supports.
3.1.3 Supplies and materials such as:
3.1.3.1 Supplemental instructional materials for ELs with unique needs such as SIFEs, newcomer students, and long-term ELs.
3.1.3.2 Support materials for content classrooms to meet the needs of ELs.
3.1.3.3 Social and emotional learning, as well as mental health instructional materials to support ELs and Low Income Students.
**History**
- *26 DE Reg. 317 (10/01/22)*
### **705** Leave for Training Camp or Special Duty in the National Guard or the Military Reserves of the United States (Repealed)
##### **14 Del. Admin. Code § 705** Leave for Training Camp or Special Duty in the National Guard or the Military Reserves of the United States (Repealed) {#sec-705 omnilex-key=us-de-regs-official--title-14--705}
This regulation was repealed, effective February 11, 2024.
**History**
- *3 DE Reg. 631 (11/01/99)*
- *8 DE Reg. 700 (11/01/04)*
- *13 DE Reg. 637 (11/01/09)*
- *23 DE Reg. 111 (08/01/19)*
- *27 DE Reg. 602 (02/01/24)*
### **706** Credit for Experience for Full Time Active Duty Service in the Armed Forces
##### **14 Del. Admin. Code § 706-1.0** Purpose {#sec-706-1.0 omnilex-key=us-de-regs-official--title-14--706-1.0}
The purpose of this regulation is to provide guidance relative to military service for salary calculations for employees paid under 14 Del.C. §1305, and as referenced in 14 Del.C. §1312(a).
**History**
- *20 DE Reg. 281 (10/01/16)*
- *20 DE Reg. 281 (10/01/16)*
- *20 DE Reg. 281 (10/01/16)*
- *3 DE Reg. 631 (11/01/99)*
- *8 DE Reg. 701 (11/01/04)*
- *13 DE Reg. 639 (11/01/09)*
- *20 DE Reg. 281 (10/01/16)*
##### **14 Del. Admin. Code § 706-2.0** Definitions {#sec-706-2.0 omnilex-key=us-de-regs-official--title-14--706-2.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Active Duty” means full-time duty in the active military service of the United States, to include, but not be limited to, full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of a military department.
“Armed Forces” means the following branches of the United States armed forces: Army, Air Force, Marine Corps, Navy, and Coast Guard; or National Guard of the State.
“Course of Professional or Vocational Training” means work leading to the attainment of a certificate, diploma or degree, and offered by a public or private, non-profit or proprietary institution as approved or accredited by an appropriate State agency or National/Regional organization. A person engaged in such course of instruction shall have been enrolled on a full-time basis, under regulations of the institution in effect at the time of attendance, and shall have completed the course of instruction in which enrolled, by continuous attendance, so as to complete the course of instruction on a scheduled date. Interruption of attendance may be occasioned only by reason of personal medical problems which militate against regular attendance or full-time military duty during war or other declared emergency.
**History**
- *20 DE Reg. 281 (10/01/16)*
- *20 DE Reg. 281 (10/01/16)*
- *20 DE Reg. 281 (10/01/16)*
- *3 DE Reg. 631 (11/01/99)*
- *8 DE Reg. 701 (11/01/04)*
- *13 DE Reg. 639 (11/01/09)*
- *20 DE Reg. 281 (10/01/16)*
##### **14 Del. Admin. Code § 706-3.0** Credit for Active Duty Experience {#sec-706-3.0 omnilex-key=us-de-regs-official--title-14--706-3.0}
3.1 Credit for Experience for full time Active Duty, not in excess of six (6) years in the Armed Forces, shall be granted provided the individual became a teacher, principal or superintendent, or other administrative employee in a Delaware public school pursuant to 14 Del.C. §1305, and as referenced in 14 Del.C. §1312(a):
3.1.1 Within five (5) years after completion of being on Active Duty; or
3.1.2 Within five (5) years after completion of a Course of Professional or Vocational Training, if such Course was begun within five (5) years after completion of the individual being on Active Duty.
**History**
- *20 DE Reg. 281 (10/01/16)*
- *20 DE Reg. 281 (10/01/16)*
- *20 DE Reg. 281 (10/01/16)*
- *3 DE Reg. 631 (11/01/99)*
- *8 DE Reg. 701 (11/01/04)*
- *13 DE Reg. 639 (11/01/09)*
- *20 DE Reg. 281 (10/01/16)*
##### **14 Del. Admin. Code § 706-4.0** Calculation of Service Time {#sec-706-4.0 omnilex-key=us-de-regs-official--title-14--706-4.0}
4.1 Credit for service in the Armed Forces shall be calculated as follows:
4.1.1 One (1) year of experience shall be allowed for each creditable year of full time Active Duty.
4.1.2 No more than one (1) year of experience may be credited for any one (1) calendar year.
(Non regulatory Note: See 14 Del.C. §1312(a) and §1327 Leave of Absence for Persons in Military Service).
(Non-regulatory Note: See State of Delaware Pension Plan FAQs)
**History**
- *20 DE Reg. 281 (10/01/16)*
- *20 DE Reg. 281 (10/01/16)*
- *20 DE Reg. 281 (10/01/16)*
- *3 DE Reg. 631 (11/01/99)*
- *8 DE Reg. 701 (11/01/04)*
- *13 DE Reg. 639 (11/01/09)*
- *20 DE Reg. 281 (10/01/16)*
### **710** Public School Employees Workday (Repealed)
##### **14 Del. Admin. Code § 710** Public School Employees Workday (Repealed) {#sec-710 omnilex-key=us-de-regs-official--title-14--710}
Repealed effective June 11, 2017.
**History**
- *3 DE Reg. 1077 (2/1/00)*
- *4 DE Reg. 1254 (2/1/01)*
- *9 DE Reg. 1183 (2/1/06)*
- *14 DE Reg. 807 (02/01/11)*
- *20 DE Reg. 974 (06/01/17)*
### **712** Employee Leave
##### **14 Del. Admin. Code § 712-1.0** Sick Leave {#sec-712-1.0 omnilex-key=us-de-regs-official--title-14--712-1.0}
1.1 Sick leave accumulated by an employee of any state agency or school district shall be transferred when said employee begins subsequent employment in a school district. If there is a break in service, the transfer can only occur if the break was for less than 6 months.
1.2 Sick leave days are made available at the start of the fiscal year, but adjustments for employees who terminate service prior to the end of the school year shall be made in the final paycheck.
**History**
- *8 DE Reg. 1479 (04/01/05)*
- *13 DE Reg. 1302 (04/01/10)*
- *26 DE Reg. 478 (12/01/22)*
- *3 DE Reg. 1392 (04/01/00)*
- *8 DE Reg. 1479 (04/01/05)*
- *13 DE Reg. 1302 (04/01/10)*
- *20 DE Reg. 716 (03/01/17*
- *26 DE Reg. 478 (12/01/22)*
##### **14 Del. Admin. Code § 712-2.0** Annual Leave {#sec-712-2.0 omnilex-key=us-de-regs-official--title-14--712-2.0}
Subject to any limitation imposed by statute, accumulated annual leave shall be paid upon termination of employment. The employer may allow the employee to either remain on the regular payroll until such time as all annual leave is exhausted or receive a lump sum payment for all unused annual leave in the employee's final paycheck. The vacated position may be filled at any time provided that the two employees do not receive compensation for the same pay period. Accumulated annual leave shall not be transferred between different employing state agencies or school districts.
**History**
- *8 DE Reg. 1479 (04/01/05)*
- *13 DE Reg. 1302 (04/01/10)*
- *26 DE Reg. 478 (12/01/22)*
- *3 DE Reg. 1392 (04/01/00)*
- *8 DE Reg. 1479 (04/01/05)*
- *13 DE Reg. 1302 (04/01/10)*
- *20 DE Reg. 716 (03/01/17*
- *26 DE Reg. 478 (12/01/22)*
### **714** Professional Employee Work Stoppage or Strike (Repealed)
##### **14 Del. Admin. Code § 714** Professional Employee Work Stoppage or Strike (Repealed) {#sec-714 omnilex-key=us-de-regs-official--title-14--714}
Repealed, effective November 11, 2019.
**History**
- *3 DE Reg. 1077 (02/01/00)*
- *8 DE Reg. 1132 (02/01/05)*
- *13 DE Reg. 1078 (02/01/10)*
- *23 DE Reg. 375 (11/01/19)*
### **718** Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs (Repealed)
##### **14 Del. Admin. Code § 718** Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs (Repealed) {#sec-718 omnilex-key=us-de-regs-official--title-14--718}
Repealed, effective December 11, 2019.
**History**
- *3 DE Reg. 526 (10/01/99)*
- *8 DE Reg. 702 (11/01/04)*
- *13 DE Reg. 640 (11/01/09)*
- *23 DE Reg. 447 (12/01/19)*
### **727** Credit for Experience for Educators and for Secretarial Staff
##### **14 Del. Admin. Code § 727-1.0** Educators Graduating from a 5 Year or 4 Year Preservice Program {#sec-727-1.0 omnilex-key=us-de-regs-official--title-14--727-1.0}
1.1 Definitions
1.1.1 The following words and terms when used in this subsection shall have the following meaning unless the context clearly indicates otherwise:
“Eligible Employee” includes, but is not limited to, teachers, nurses, librarians, psychologists, therapists, and counselors paid in accordance with 14 Del.C. §1305 that were hired into their first professional position after June 30, 2001 and zero years of experience. The exception to the zero years of experience would be an employee who qualified for military experience credit under 14 Del.C. §1312(a) and 14 DE Admin. Code 706.
“Five Year Preservice Program” means a regionally accredited college or university five year planned degree program which includes an extensive clinical component or internship in the fifth year.
“Four Year Preservice Program” means a regionally accredited college or university four year preservice undergraduate bachelor degree program.
“Grade Point Average (GPA)” means the grade point average (GPA) stated on the official transcript of the regionally accredited college or university granting the bachelor’s degree in the Four Year Preservice Program.
1.2 Pursuant to 14 Del.C. §1312(a), one year of experience on the applicable state salary schedule shall be granted to:
1.2.1 A graduate of a four year preservice program who graduates with a GPA of 3.75 or higher on a 4.0 scale or the equivalent; or
1.2.2 A graduate of a five year preservice program as defined above.
1.3 An employee eligible for one year of credited experience shall meet the definition of Eligible Employee in 1.1 and meet the requirements of 1.2.
**History**
- *9 DE Reg. 396 (9/1/05)*
- *18 DE Reg. 857 (05/01/15)*
- *18 DE Reg. 857 (05/01/15)*
- *3 DE Reg. 1542 (05/01/00)*
- *8 DE Reg. 1607 (05/01/05)*
- *9 DE Reg. 396 (09/01/05)*
- *14 DE Reg. 457 (11/01/10)*
- *18 DE Reg. 857 (05/01/15)*
##### **14 Del. Admin. Code § 727-2.0** Administrators {#sec-727-2.0 omnilex-key=us-de-regs-official--title-14--727-2.0}
No credit for experience shall be given for part time employment in administrative or supervisory positions.
**History**
- *9 DE Reg. 396 (9/1/05)*
- *18 DE Reg. 857 (05/01/15)*
- *18 DE Reg. 857 (05/01/15)*
- *3 DE Reg. 1542 (05/01/00)*
- *8 DE Reg. 1607 (05/01/05)*
- *9 DE Reg. 396 (09/01/05)*
- *14 DE Reg. 457 (11/01/10)*
- *18 DE Reg. 857 (05/01/15)*
##### **14 Del. Admin. Code § 727-3.0** Teachers {#sec-727-3.0 omnilex-key=us-de-regs-official--title-14--727-3.0}
3.1 Days taught as a substitute or as a paraeducator may not be used toward credit for experience; however, employment as a teacher on a regular part time basis may be used toward credit for experience.
3.1.1 A "regular part time" employee is one who is employed in a position which requires at least 50 hours per month for at least 9 months during any 12 consecutive month period.
**History**
- *9 DE Reg. 396 (9/1/05)*
- *18 DE Reg. 857 (05/01/15)*
- *18 DE Reg. 857 (05/01/15)*
- *3 DE Reg. 1542 (05/01/00)*
- *8 DE Reg. 1607 (05/01/05)*
- *9 DE Reg. 396 (09/01/05)*
- *14 DE Reg. 457 (11/01/10)*
- *18 DE Reg. 857 (05/01/15)*
##### **14 Del. Admin. Code § 727-4.0** Secretarial Staff {#sec-727-4.0 omnilex-key=us-de-regs-official--title-14--727-4.0}
Secretaries may be granted one (1) year of experience for each creditable year of experience as a secretary in private business, public or private school, or other governmental agency.
**History**
- *9 DE Reg. 396 (9/1/05)*
- *18 DE Reg. 857 (05/01/15)*
- *18 DE Reg. 857 (05/01/15)*
- *3 DE Reg. 1542 (05/01/00)*
- *8 DE Reg. 1607 (05/01/05)*
- *9 DE Reg. 396 (09/01/05)*
- *14 DE Reg. 457 (11/01/10)*
- *18 DE Reg. 857 (05/01/15)*
##### **14 Del. Admin. Code § 727-5.0** Creditable Experience {#sec-727-5.0 omnilex-key=us-de-regs-official--title-14--727-5.0}
Creditable experience includes experience obtained while working outside of Delaware.
**History**
- *9 DE Reg. 396 (9/1/05)*
- *18 DE Reg. 857 (05/01/15)*
- *18 DE Reg. 857 (05/01/15)*
- *3 DE Reg. 1542 (05/01/00)*
- *8 DE Reg. 1607 (05/01/05)*
- *9 DE Reg. 396 (09/01/05)*
- *14 DE Reg. 457 (11/01/10)*
- *18 DE Reg. 857 (05/01/15)*
##### **14 Del. Admin. Code § 727-6.0** Applicability {#sec-727-6.0 omnilex-key=us-de-regs-official--title-14--727-6.0}
This regulation applies to the determination of creditable experience for salary purposes only, and does not apply to the determination of creditable experience for pension purposes which is specified in 29 Del.C. Ch. 55. Laws on employment and salary for administrators, teachers, and secretaries are found in 14 Del.C. Ch. 13.
**History**
- *9 DE Reg. 396 (9/1/05)*
- *18 DE Reg. 857 (05/01/15)*
- *18 DE Reg. 857 (05/01/15)*
- *3 DE Reg. 1542 (05/01/00)*
- *8 DE Reg. 1607 (05/01/05)*
- *9 DE Reg. 396 (09/01/05)*
- *14 DE Reg. 457 (11/01/10)*
- *18 DE Reg. 857 (05/01/15)*
### **728** Graduate Level Salary Increments
##### **14 Del. Admin. Code § 728-1.0** Content {#sec-728-1.0 omnilex-key=us-de-regs-official--title-14--728-1.0}
This regulation shall apply to graduate level salary increments for educators, pursuant to 14 Del.C. §1305(a).
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-2.0** Definitions {#sec-728-2.0 omnilex-key=us-de-regs-official--title-14--728-2.0}
2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
2.2 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Critical Needs Areas" means content, specialty, or administrative areas identified by the Department as areas of shortage in Delaware schools.
"Department" means the Delaware Department of Education.
"Graduate Level Course" means any course which is awarded graduate level credit by a regionally accredited college or university.
"Graduate Level Course of Study" means a non matriculated but focused and coherent program of study (e.g., a Certificate Program) which is directly linked to professional responsibilities.
"Matriculated Graduate Credit" means credit earned from a regionally accredited college or university earned toward a master's degree or a doctoral degree.
"Skilled and Technical Sciences (STS)" is also known as Trade and Industrial Education, Career and Technical Education, Career Technical Education or Career-Technical Education.
"Specialist Degree Program" means an organized program of study that is beyond a master's degree but below the doctoral consisting of a minimum of sixty (60) graduate semester hours [ninety (90) quarter hours] and a one (1) year supervised internship, or an equivalent program as determined by the Department. Examples of programs include a National Association of School Psychologists (NASP) approved program or an American Psychological Association (APA) accredited program including but not limited to the following: Master's of Education (MEd) with an Educational Specialist (EdS) in School Psychology or a Master's of Science in School Psychology with a Advanced Certificate or Certificate of Advanced Study (CAS) in School Psychology. A master's degree in school psychology may be recognized as a specialist degree program if it meets the additional credit and internship requirements and any graduate credits earned in the program and conferral of the master's degree beyond thirty (30) may be counted beyond the master's degree level.
"Trades and Industry Teacher" means a Skilled and Technical Sciences Teacher, Trade and Industrial Education Teacher or Teacher of Trade and Industries.
"Two Years of College or Technical Training" means a minimum of a high school diploma or its recognized equivalent and the satisfactory completion of any one of the following options in the specific career area of certification (1) an Associate's degree with a major in the specific career area; (2) two years of college majoring in the specific career area with at least 50% of the major courses required for a bachelor's degree satisfactorily completed; (3) a state issued certificate indicating completion of apprenticeship hours and apprentice related training (e.g. journey papers) in the specific career area; (4) completion of four years of sequential Delaware Trade Extension courses in the specific career area; (5) completion of four years of National Center for Construction Education and Research's Contren documented training in the specific career area; (6) a 70% or above score on both the written and performance elements of a Delaware Apprentice-related Education Provider's National Center for Construction Education and Research's Contren-derived full Apprentice Equivalency test-out covering all Apprentice-related Education years in the specific career area; (7) passage of a State of Delaware Licensing Test in the specific career area, offered through the Division of Professional Regulation; (8) 576 hours of military training in the specific career area; (9) 576 hours post-secondary trade school training in the specific career area; (10) a 70% or above score on both the written and performance teacher tests for the National Occupational Competency Testing Institute in the specific career area; (11) an industry recognized certification of technical competence or journeyperson status in the specific career area, or (12) DOE approved equivalents of any one of the above including but not limited to equivalents from any combination of the above options.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-3.0** Matriculation into Master's Degree {#sec-728-3.0 omnilex-key=us-de-regs-official--title-14--728-3.0}
3.1 Educators who hold a bachelor's degree and who are enrolled in a master's degree program at a regionally accredited college or university may accrue graduate level credits toward salary increments on the basic salary schedule for educators, set forth in 14 Del.C. §1305(a).
3.2 No credits earned prior to the conferring of a bachelor's degree may be applied toward movement on the salary schedule.
3.3 Credits shall be applied in the order in which they were taken and no credit may be applied more than once toward movement on the salary schedule.
3.3.1 Educators enrolled in a master's degree program at a regionally accredited college or university may apply for movement to the Bachelor's Plus 15 column of the basic salary schedule for educators, set forth in 14 Del.C. §1305(a), upon completion of fifteen (15) graduate credits toward a master's degree.
3.3.2 Educators enrolled in a master's degree program at a regionally accredited college or university may apply for movement to the Bachelor's Plus 30 column of the basic salary schedule for educators, set forth in 14 Del.C. §1305(a), upon completion of thirty (30) graduate credits toward a master's degree.
3.3.3 Upon completion of a master's degree program at a regionally accredited college or university, an educator may apply for movement to the master's degree column of the basic salary schedule for educators, set forth in 14 Del.C. §1305(a).
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-4.0** Post Master's Degree Course Work {#sec-728-4.0 omnilex-key=us-de-regs-official--title-14--728-4.0}
4.1 Educators who hold an eligible master's degree from a regionally accredited college or university may accrue credits taken after the conferral date of their first master's degree toward salary increments toward a Master's Degree Plus 15 graduate credits, a Master's Degree Plus 30 graduate credits, a Master's Degree Plus 45 graduate credits, or a doctoral degree on the basic salary schedule for educators, set forth in 14 Del.C. §1305(a). All credits taken must be graduate level and must be:
4.1.1 Earned through a graduate level course of study clearly related to the educator's professional responsibilities and otherwise approved pursuant to 14 Del.C. Ch. 12, or
4.1.2 Earned toward a second master's degree, or
4.1.3 Matriculated graduate credits earned toward a doctoral degree.
4.2 Notwithstanding subsection 4.1, graduate credits earned prior to the conferral of a master's degree may be applied toward movement on the salary schedule if the graduate credits are part of a Specialist Degree Program as long as the credits were earned after matriculating into the program.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-5.0** Use of Undergraduate and Inservice Credits {#sec-728-5.0 omnilex-key=us-de-regs-official--title-14--728-5.0}
5.1 Educators entitled to rightward movement on the basic salary schedule for educators, set forth in 14 Del.C. §1305(a), on the basis of inservice or undergraduate credits approved prior to July 1, 2004, shall continue to be entitled to such movement in the event of any future application for movement submitted after July 1, 2004.
5.1.1 For example, an educator who holds a Bachelor's Plus 15 or a Bachelor's Plus 30 approved prior to July 1, 2004 and based entirely on inservice or undergraduate credits, shall be entitled to move to a Master's Degree Plus 15 or Master's Degree Plus 30, whichever is applicable, upon completion of a master's degree program.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-6.0** Credits Expressed as Semester Hours {#sec-728-6.0 omnilex-key=us-de-regs-official--title-14--728-6.0}
6.1 All credits must be expressed in terms of semester hours.
6.2 College or university credits expressed in quarter hours will be converted by the Department to semester hours by multiplying the number of quarter hours by two thirds.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-7.0** Acceptable Grades {#sec-728-7.0 omnilex-key=us-de-regs-official--title-14--728-7.0}
All grades for graduate level credit submitted for a graduate level salary increment must be a grade of "B" or higher. In the case of credits earned on a pass/fail basis, a grade of "pass" is acceptable.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-8.0** Skilled and Technical Sciences Teachers {#sec-728-8.0 omnilex-key=us-de-regs-official--title-14--728-8.0}
8.1 A bachelor's degree equivalent for Skilled and Technical Sciences teachers (formerly Trade and Industrial Education) shall be two years of college or technical training and six years of work experience (14 Del.C. §1301).
8.2 Undergraduate credit in a matriculated bachelor's degree may be accepted in lieu of graduate credit for Skilled and Technical Sciences teachers who do not hold a bachelor's degree.
8.3 Initial placement on the basic salary schedule for educators, set forth in 14 Del.C. §1305, for Skilled and Technical Sciences teachers who have completed two years of college or technical training and six years of work experience, is at the bachelor's degree level.
8.4 In order to be eligible for movement on the basic salary schedule, Skilled and Technical Sciences teachers must possess a Standard Certificate in Skilled and Technical Sciences.
8.5 Movement beyond the bachelor's degree level on the basic salary schedule for Skilled and Technical Sciences teachers shall apply as follows:
8.5.1 Seventy-five (75) credits toward a bachelor's degree is equivalent to a Bachelor's Degree Plus 15 credits.
8.5.2 Ninety (90) credits toward a bachelor's degree is equivalent to a Bachelor's Degree Plus 30 credits.
8.5.3 A bachelor's degree is equivalent to a master's degree on the basic salary schedule.
8.5.4 A master's degree is equivalent to a Master's Degree Plus 15 credits on the basic salary schedule.
8.5.5 A master's degree plus 15 credits is equivalent to a Master's Degree Plus 30 credits on the basic salary schedule.
8.5.6 A Master's Degree Plus 30 credits is equivalent to a Master's Degree Plus 45 credits on the basic salary schedule.
8.5.7 A Master's Degree Plus 45 credits is equivalent to a Doctoral degree on the basic salary schedule.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-9.0** Alternate Routes to Certification Program {#sec-728-9.0 omnilex-key=us-de-regs-official--title-14--728-9.0}
Graduate credits which are included in the approved Alternative Routes to Certification program, as defined in 14 Del.C. Ch. 12, subchapter VI, are recognized as a graduate level course of study and may be applied by educators who hold master's degrees and who are enrolled in the approved Alternative Routes program toward a Master's Degree Plus 15 credits, a Master's Degree Plus 30 credits, a Master's Degree Plus 45 credits or a Doctoral degree on the basic salary schedule for educators, set forth in 14 Del.C. §1305(a).
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-10.0** Eligibility for Graduate Level Salary Increments {#sec-728-10.0 omnilex-key=us-de-regs-official--title-14--728-10.0}
10.1 Where applicable and available, an applicant for a graduate level salary increment must hold an Initial, Continuing, or Advanced License issued by the Department in accordance with 14 Del.C. Ch. 12, Subchapter III.
10.2 An educator employed on an Emergency Certificate pursuant to 14 Del.C. §1506 is eligible to receive a salary increment.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-11.0** Acceptable Professional Degrees {#sec-728-11.0 omnilex-key=us-de-regs-official--title-14--728-11.0}
11.1 In order to be applicable to graduate level salary increments, master's and doctoral degrees must be directly related to an area or specialty in which the educator is employed, or as required by regulation.
11.2 Any such request from a district or charter school, if applicable, must be in writing and must be submitted with the completed application for a salary increment.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-12.0** Application Procedures {#sec-728-12.0 omnilex-key=us-de-regs-official--title-14--728-12.0}
12.1 Upon completion of the credits required for movement on the basic salary schedule for educators, set forth in 14 Del.C. §1305(a), an applicant may apply for a salary increment. No applications will be considered prior to the completion of credits necessary for movement on the salary schedule.
12.1.1 An applicant shall submit an electronic salary increment application through DEEDS.
12.1.2 The applicant shall arrange for official transcripts (unopened and unaltered) to be submitted by the institution of higher learning directly to the employer's Human Resources Office. The application will be reviewed and either approved or denied by the employer. The Department in its discretion may also accept verification of an official transcript by other means if the authenticity of the transcript can be made.
12.1.3 An application for a salary increment for the current fiscal year (July 1 to June 30) must be received in the Department no later than June 1. Applications received after June 1 will be approved effective the first day of the next fiscal year. If approved by the District/Charter, the application will be submitted to the Department for review and either denial or approval. Official transcripts must be submitted to the Department with the application.
**History**
- *21 DE Reg. 300 (10/01/17)*
##### **14 Del. Admin. Code § 728-13.0** Effective Date of Salary Adjustment {#sec-728-13.0 omnilex-key=us-de-regs-official--title-14--728-13.0}
13.1 The salary adjustment shall be made after the evaluation and approval of the candidate's application by the Department.
13.1.1 The adjustment will be authorized to be made retroactive to the first of the month following the date certified by transcript or official grade slip as to when the program or credit was completed.
13.1.2 Applications received after June 1 will be approved effective the first day of the next fiscal year.
13.2 Retroactive salary adjustment may be by a single payment or by payments divided equally among all the pay periods remaining in a current fiscal year as may be determined by the district or state fiscal officers.
13.3 No salary increment shall be retroactive to a prior fiscal year.
**History**
- *21 DE Reg. 300 (10/01/17)*
### **729** School Custodians
##### **14 Del. Admin. Code § 729-1.0** Definitions {#sec-729-1.0 omnilex-key=us-de-regs-official--title-14--729-1.0}
The following words and terms shall have the following meaning:
"Assistant Chief Custodian" means a custodian who has completed the Assistant Chief Custodian certificate training as prescribed by the Department in subsection 5.2.2.
“Central heating plant” means all the component parts and systems used to heat, air condition and ventilate a school facility to include traditional mechanical systems and computer building automation systems.
“Certificate of occupancy” means the certificate issued by code enforcement agencies certifying that a building meets all building and safety codes required by the jurisdiction of that agency.
“Chief Custodian” means a custodian who has completed the 120-class hour Chief Custodian training as prescribed by the Department in subsection 5.2.1.
“Classroom” means an area or space within a school building that is used for student instruction.
“Classroom equivalent” means areas or spaces in school buildings that are used for student instruction, but not classified as a classroom, such as computer labs and centers, libraries, media centers, multiple intelligence rooms and areas, and athletic training rooms.
“Custodial unit” means a formula used to determine the number of custodial positions earned by a local educational agency.
“Custodian” means a local educational agency employee who is paid in accordance with 14 Del.C. §1311(a).
"Department" means the Delaware Department of Education.
"Local educational agency" or "LEA" means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency and any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
“Maintenance Mechanic” means an employee filling a custodial position with specialized technical skill in a particular trade or trades as determined by the local educational agency in accordance with subsection 4.3 and paid in accordance with the pay scale identified in 14 Del.C. §1311(a).
"Office" means a room or area within a school building meant for continuous occupancy and typically used by 1 or more individuals for administrative and other non-instructional purposes. Areas separated by cubicles or other dividers shall be considered 1 office equivalent.
"Office equivalent" means areas or spaces within school buildings that are meant for continuous occupancy, but not typically used for group instruction, such as conference rooms, meeting rooms, staff break rooms, and copier rooms.
“Skilled Craftsperson” means an employee filling a custodial position with specialized technical certification or licensure in a particular trade or trades as determined by the local educational agency in accordance with subsection 4.4 and paid in accordance with the pay scale identified in 14 Del.C. §1311(a).
**History**
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *2 DE Reg. 778 (11/01/98)*
- *4 DE Reg. 225 (07/01/00)*
- *6 DE Reg. 1349 (04/01/03)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
##### **14 Del. Admin. Code § 729-2.0** Experience {#sec-729-2.0 omnilex-key=us-de-regs-official--title-14--729-2.0}
Custodians may be allowed 1 year of experience for each creditable year of experience in similar employment as determined by the LEA.
**History**
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *2 DE Reg. 778 (11/01/98)*
- *4 DE Reg. 225 (07/01/00)*
- *6 DE Reg. 1349 (04/01/03)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
##### **14 Del. Admin. Code § 729-3.0** Allocation of Custodial Units {#sec-729-3.0 omnilex-key=us-de-regs-official--title-14--729-3.0}
3.1 The custodial units allocated to a LEA may be assigned to various locations at the discretion of the LEA.
3.2 LEAs are allocated 1 full-time custodial position for each 12 custodial units or for a major fraction thereof. The number of units allocated for each school is determined in the following way:
3.2.1 Classrooms
3.2.1.1 One unit for each classroom or classroom equivalent.
3.2.1.2 One and one-half units for each vocational, technical or specialized instructional room exceeding 1,000 square feet.
3.2.2 Cafeteria
3.2.2.1 One unit for a cafeteria with a capacity of 150 students or less.
3.2.2.2 One additional unit for each additional 150 students or fraction thereof.
3.2.3 Gymnasiums and Auditoriums
3.2.3.1 One unit for a gymnasium or auditorium of less than 5,000 square feet.
3.2.3.2 One and a half units for a gymnasium or auditorium of 5,000 to 10,000 square feet.
3.2.3.3 Two units for a gymnasium or auditorium over 10,000 square feet.
3.2.4 One unit for 2 locker rooms.
3.2.5 Seven units for a swimming pool.
3.2.6 Units for a central heating plant are determined as follows:
No. of Classrooms or equivalent
No. of Units
Up to 15
1
16 to 20
1 1/2
21 to 25
2
26 to 30
2 1/2
31 to 35
3
36 to 40
3 1/2
41 to 45
4
46 to 50
4 1/2
51 to 55
5
56 to 60
5 1/2
61 or more
½ unit per 5 additional classrooms
3.2.6.1 One unit for the first 15 classrooms or classroom equivalents.
3.2.6.2 One additional one-half units for each 5 classrooms or classroom equivalents.
3.2.7 One-half unit for each developed acre of the school plant site. If multiple schools are located on the same site, the acreage will be divided equally among the schools.
3.2.8 One-quarter unit for each office or office equivalent.
3.2.9 One-half unit for each gang bathroom.
3.2.10 One-quarter unit for each single bathroom.
3.3 Part-time custodians equivalent to 1 or more full-time custodians may be employed with the provision that proper records will be maintained at the LEA for review.
3.4 A full custodial staff for a new school building may be employed 2 months prior to the pupil occupancy of the building. In order to maintain building climate and secure new school buildings completed with a certificate of occupancy date further in advance of student occupancy than the 2 months identified in subsection 3.4, the LEA is eligible to earn the custodial units provided for site maintenance and central heating plant as of the certificate of occupancy date, until eligible to employ the full custodial staff in accordance with subsection 3.4.
3.5 The termination date for custodial units in closed buildings shall be 6 weeks from the last day classes are held in the building.
3.6 Buildings which are closed and retained under the control of the LEA shall lose all custodial units except units provided for site maintenance and heating.
3.7 When the LEA signs a lease or in any way loses direct control of the building, through transfer, sale or legislation, the custodial units for site maintenance and heating shall terminate on the effective date of the lease, transfer, sale or legislation.
3.8 It is the LEA’s responsibility to notify the Department when the function of a building is changed. When the notification is received, a re-evaluation of the custodial units will be completed by the Department. The Department will notify the LEA by letter of the results of the re-evaluation.
3.9 The Department shall calculate and approve all custodial unit allocation requests submitted by the LEAs.
**History**
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *2 DE Reg. 778 (11/01/98)*
- *4 DE Reg. 225 (07/01/00)*
- *6 DE Reg. 1349 (04/01/03)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
##### **14 Del. Admin. Code § 729-4.0** Classification {#sec-729-4.0 omnilex-key=us-de-regs-official--title-14--729-4.0}
4.1 Assistant Chief Custodian
4.1.1 When there is only 1 custodian in a LEA building, the custodian may be classified as an Assistant Chief Custodian.
4.1.2 There shall be only 1 Assistant Chief Custodian position in each building.
4.2 Chief Custodian. A custodian may be classified as a Chief Custodian when at least 2 other full time custodians or the equivalent are employed in the school building or other LEA facility. There shall only be 1 Chief Custodian position in each building.
4.3 Maintenance Mechanic. Each LEA may classify up to 10% of the total number of custodial personnel as maintenance mechanics. Qualifications shall be as defined by the employing LEA.
4.4 Skilled Craftsperson. Each LEA may classify an incumbent in 1 or more of its Maintenance Mechanic positions as a Skilled Craftsperson for purposes of this section if the incumbent:
4.4.1 Has received a certificate as a union journeyman or equivalent in any of the following fields: Boiler Maker, Carpenter, Electrician, HVAC Mechanic, Mill Wright, Heavy Machinery Operator, Pipe Fitter, Plumber, Roofer, or Sheet Metal Worker; or
4.4.2 Possesses a current state license in any of the fields listed in subsection 4.4.1; or
4.4.3 Is an Automobile Mechanic who possesses 2 or more National Institute for Automotive Service Excellence (ASE) Certifications in the Automotive, Truck or School Bus categories; or
4.4.4 Is a Boiler Maker who possesses either an AWS or ASME Welding Certification; or
4.4.5 Is a Computer Technician who possesses an A Plus Certification from CompTIA (Computing Technology Industry Association); or
4.4.6 Is an HVAC Mechanic who possesses 2 or more certifications from manufacturers of digital control systems in use by the LEA, or possesses a certification from a manufacturer of centrifugal chillers used within the LEA; or
4.4.7 Possesses 2 or more Hazardous Material Certifications from the State of Delaware, OSHA, or the United States Environmental Protection Agency; or
4.4.8 Is a Pipe Fitter who possesses an AWS or ASME Welding Certification; or
4.4.9 Is a Roofer who possesses Training Certifications from 2 or more manufacturers of Roofing Systems in use by the LEA; or
4.4.10 Is a Burner Mechanic who possesses a certification from a manufacturer of oil or gas burners used within the LEA.
4.5 Building and Grounds Supervisor. Each LEA with 95 or more custodial units may employ a buildings and grounds supervisor according to the salary schedule. This position is included in the total number of custodial personnel allowed.
**History**
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *2 DE Reg. 778 (11/01/98)*
- *4 DE Reg. 225 (07/01/00)*
- *6 DE Reg. 1349 (04/01/03)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
##### **14 Del. Admin. Code § 729-5.0** Certificates Granted by the Department for Additional Hours of Special Training {#sec-729-5.0 omnilex-key=us-de-regs-official--title-14--729-5.0}
5.1 The Department shall specify the special training needed in order for an individual to receive a certificate for custodial positions outlined in 14 Del.C. §1311(a).
5.2 The following hourly requirements shall be met in order for the Department to grant the custodial certificates listed in subsections 5.2.1 through 5.2.3. The certificate provides eligibility to qualify for positions identified in subsections 5.2.2 and 5.2.3.
5.2.1 Chief Custodian Certificate (120-class hours). Achievement of this certification requires completion of the Assistant Chief Custodian certificate and an additional 30 hours of Department-approved training. Employees hired into Chief Custodian positions who have not completed the trainings identified in subsections 5.2.1, 5.2.2 and 5.2.3 must do so within 60 days of hire, except Fire School training which should be completed on the next available training date. Employees who have earned the Chief Custodian certificate are eligible to compete for chief custodial positions when they become vacant.
5.2.2 Assistant Chief Custodian Certificate (60-90-class hours). The Assistant Chief Custodian is paid in accordance with the Custodian Firefighter as referenced in 14 Del.C. §1311(a). Achievement of this certification requires the completion of the Custodian certificate and an additional 30 hours of Department-approved training. This training includes the operation of boilers and central heating plant systems. Employees hired into Assistant Chief Custodian positions who have not completed the trainings identified in subsections 5.2.1 and 5.2.2 must do so within 60 days of hire, except Fire School training which should be completed on the next available training date. Employees who have earned the Assistant Chief Custodian certificate shall be eligible for training as a Chief Custodian and may apply for Assistant Chief Custodian positions as they become vacant.
5.2.3 Custodian Certificate (60 on-the-job hours). Achievement of this certification requires the completion of 60 hours of on-the-job training, Fire School training, and submission of documentation of training completion to the Department. Employees hired as custodians shall complete the 0-60 hours of training within 60 days of hire and the Fire School training on the next available training date. Custodians who have earned the Custodian Certificate shall be eligible for Assistant Chief Custodian training and may apply for Assistant Chief Custodian positions as they become available.
**History**
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
- *2 DE Reg. 778 (11/01/98)*
- *4 DE Reg. 225 (07/01/00)*
- *6 DE Reg. 1349 (04/01/03)*
- *11 DE Reg. 1462 (05/01/08)*
- *21 DE Reg. 209 (09/01/17)*
- *24 DE Reg. 667 (01/01/21)*
- *28 DE Reg. 115 (08/01/24)*
### **733** Payment of Substitutes for Teachers
##### **14 Del. Admin. Code § 733-1.0** Payment of Substitutes for Teachers {#sec-733-1.0 omnilex-key=us-de-regs-official--title-14--733-1.0}
1.1 State substitute teacher funds may be used to pay substitutes for state-funded teachers when the state-funded teachers are unavailable for duty under the provisions of 14 Del.C. §1318, 14 Del.C. §1333, 29 Del.C. §5524 and 29 Del.C. §5933 (for sick leave calculations for teachers qualifying for workers’ compensation).
1.2 Substitutes for state-funded teachers may also be paid from state substitute teacher funds for:
1.2.1 Military leave for training or duty not in excess of 15 working days per year.
1.2.2 Teachers participating in Department of Education led professional learning and project assignments.
1.3 Substitutes for state-funded teachers who are absent without pay may be charged to state funds.
1.4 Substitutes for teachers who are paid from federal funds shall be paid from federal funds from the federal program involved or local funds.
1.5 Substitutes for teachers who are paid from local funds shall be paid from local funds.
1.6 Substitutes for teachers who are paid from state funds for a fractional part of a state teacher unit and a fractional part from other funds shall be paid on the same proportional basis.
1.7 Substitutes for teachers who are on paid leave for birth of a child or adoption of a child may be funded at the rates provided in 14 Del.C. §1326, including applicable other employment costs.
1.8 Substitutes shall be paid from state substitute teacher funds in the amounts authorized for the various classes of substitutes as provided for in 14 Del.C. §1326. School districts paying more for teacher substitutes than prescribed in 14 Del.C. §1326 shall do so from local or federal funds. Federal funds may be used only if the federal program permits that use.
**History**
- *3 DE Reg. 1542 (05/01/00)*
- *8 DE Reg. 1609 (05/01/05)*
- *13 DE Reg. 1539 (06/01/10)*
- *20 DE Reg. 717 (03/01/17)*
- *25 DE Reg. 1114 (06/01/22)*
### **736** Local School District and Charter School Citizen Budget Oversight Committees
##### **14 Del. Admin. Code § 736-1.0** Purpose {#sec-736-1.0 omnilex-key=us-de-regs-official--title-14--736-1.0}
The purpose of this regulation is to outline procedures, criteria and responsibilities related to Local School District and Charter School Citizen Budget Oversight Committees or "CBOC" required pursuant to 14 Del.C. §1508. CBOCs are established to oversee the financial position of each local school district and charter school for which it was appointed. The local school district and charter school board shall retain all policy and decision-making authorities granted pursuant to Delaware Code.
**History**
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *13 DE Reg. 1203 (03/01/10)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
##### **14 Del. Admin. Code § 736-2.0** Definitions {#sec-736-2.0 omnilex-key=us-de-regs-official--title-14--736-2.0}
"Certificate of Completion" means the document provided by the Department of Education indicating the individual has attended and completed Financial Responsibility Training.
"Charter School" means a public school that is operated under a charter granted by, or transferred to, the Delaware Department of Education or other authorizing body pursuant to 14 Del.C. Ch. 5.
"Local School District" means a reorganized school district or vocational technical school district established pursuant to 14 Del.C. Ch. 10.
"Trainer" means an individual or organization approved by the Department of Education to provide Financial Responsibility Training.
**History**
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *13 DE Reg. 1203 (03/01/10)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
##### **14 Del. Admin. Code § 736-3.0** Committee Members for Local School Districts and Charter Schools {#sec-736-3.0 omnilex-key=us-de-regs-official--title-14--736-3.0}
3.1 Each local school district and charter school shall be required to establish a CBOC. The CBOC shall have access either electronically or in hard copy format to financial documents and financial information the local school district and charter school has in its possession and that are relevant to the financial position of the District or Charter School, with redactions permitted only to protect confidential personal information regarding students or employees as permitted by the state’s Freedom of Information Act.
3.1.1 The local school district's CBOC shall have at least 5 members. Representation shall consist of parents, educators and taxpayers residing in the district. In addition, where possible, the CBOC shall have at least 2 members with formal educational or vocational backgrounds amenable to oversight of school district financial statements. Further provided, CBOC members shall not be compensated, except for allowable mileage for training or similar activities, for participation on such CBOC.
3.1.2 The charter school’s CBOC shall have at least 5 members. Representation shall consist of educators and parents of students in the school, with no more than 2 being charter school board members and 1 being a representative of the Department. In addition, where possible, the CBOC shall have at least 2 members with formal educational or vocational backgrounds amenable to oversight of school financial statements. Further provided, CBOC members shall not be compensated, except for allowable mileage for training or similar activities, for participation on such CBOC.
3.2 Each local school district and charter school shall establish its own selection policy for its CBOC, and shall submit the selection policy to the Department of Education for review. The Department of Education’s Finance Office shall review the proposed policy and make a decision within 15 work days to approve or request revisions. The decision to approve or request revisions shall be based on whether the selection policy meets the provisions in subsection 3.3.
3.3 The Department of Education’s CBOC membership provisions shall be as follows:
3.3.1 Use the appropriate district or charter school application form, as developed and maintained by the Department of Education, that delineates standard application language and additional information that includes, but is not limited to, the following:
3.3.1.1 Membership pursuant to subsections 3.1.1 and 3.1.2;
3.3.1.2 Conflict of interest, and disqualification from membership upon identification thereof, criteria;
3.3.1.3 Selection or removal of the Chairperson to be determined by a majority of the membership of the CBOC;
3.3.1.4 Term length shall be 2 years with an option at the end of the term to approve an additional 2-year term based on the majority vote of the other existing members of the CBOC, provided that the cumulative number of extensions shall not exceed 3; however, a member may terminate a position upon written notice to the Chairperson; and
3.3.1.5 Experience and statement of reason for participation on the CBOC.
3.3.2 Post the request for CBOC members for at least 15 work days on its website and on all school building main entrance doors;
3.3.3 Identify and post on its website the selection committee that consists of 1 educator from the local school district or charter school, 1 local school district or charter school board member, 1 member of the local teacher’s union, and at least 2 parents or community members who are not local school district or charter school employees or board members; and
3.3.4 Use the selection rubric developed and approved by the Department of Education.
**History**
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *13 DE Reg. 1203 (03/01/10)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
##### **14 Del. Admin. Code § 736-4.0** District School Board and Charter School Board Financial Responsibility Training Requirement {#sec-736-4.0 omnilex-key=us-de-regs-official--title-14--736-4.0}
District School Board, Charter School Board and Citizen Budget Oversight Committee Financial Responsibility Training, including frequency and required trainings, is outlined in 14 DE Admin. Code 734.
**History**
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
- *13 DE Reg. 1203 (03/01/10)*
- *21 DE Reg. 213 (09/01/17)*
- *26 DE Reg. 49 (07/01/22)*
### **737** Tuition Billing for Special Schools and Programs
##### **14 Del. Admin. Code § 737-1.0** Purpose {#sec-737-1.0 omnilex-key=us-de-regs-official--title-14--737-1.0}
The purpose of this regulation is to outline tuition eligibility and the process for tuition billing and payments, per 14 Del.C. Ch. 6.
**History**
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *12 DE Reg. 940 (01/01/09)*
- *27 DE Reg. 970 (06/01/24)*
##### **14 Del. Admin. Code § 737-2.0** Definitions {#sec-737-2.0 omnilex-key=us-de-regs-official--title-14--737-2.0}
The following words and terms, when used in this regulation, have the following meaning:
"Educational related expenses" means those expenses that are necessary to operate a special school or special program to meet the criteria for which it was established and includes direct services and indirect costs as defined herein. Direct services mean the provision of instructional and educational services by the authorized special school or special program that are readily identifiable to that program. Indirect costs mean costs incurred for common or joint purposes. Indirect costs benefit more than one cost objective (e.g. award, project or activity) and cannot be readily and specifically identified with a particular final cost objective without efforts disproportionate to the results achieved. If an authorized special school or special program elects to apply an indirect cost rate, it shall not apply a rate that exceeds the restricted rate approved by the Department of Education in the fiscal year.
"Receiving district" means any reorganized school district which enrolls in its schools any pupil who is not a resident of such receiving district pursuant to 14 Del.C. §601(1).
"Reorganized school district" means the same as defined in 14 Del.C. §1002(3) and does not include vocational-technical or charter schools.
"Sending district" means any reorganized school district which sends to the schools of a receiving district any pupil who is not a resident of such receiving district pursuant to 14 Del.C. §601(3).
"Special program" means a program established pursuant to 14 Del.C. §203, or that has been approved as a special program by the Department of Education with the consent of the State Board of Education.
"Special school" means a standalone school, operating with a separate budget unit within the State's accounting system.
**History**
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *12 DE Reg. 940 (01/01/09)*
- *27 DE Reg. 970 (06/01/24)*
##### **14 Del. Admin. Code § 737-3.0** Process for Determining Tuition Eligibility {#sec-737-3.0 omnilex-key=us-de-regs-official--title-14--737-3.0}
3.1 A local reorganized school district may bill tuition for students enrolled in a special school or special program and those students classified as pre-kindergarten, intensive or complex based on the following criteria:
3.1.1 The student shall be enrolled and attending as of September 30th of the current school year; and
3.1.2 The charges shall be limited to educational related expenses.
3.2 A local reorganized school district operating a tuition-eligible special school or special program may not reallocate state units earned for the special school or special program, if such reallocation requires an increase in the tuition tax rate or tuition billing amount. If a reallocation of state units earned will not require such an increase, districts may reallocate positions as necessary to ensure the most efficient delivery of services, except for those instances currently prohibited by state law, including 14 Del.C. §1703(o).
3.3 Pursuant to 14 Del.C. §509(f), a charter schools will receive tuition funding for students classified as intensive and complex.
3.3.1 The student shall be enrolled and attending the charter school as of September 30th of the current school year.
3.3.2 Funding received by a charter school for this purpose shall be placed in a unique appropriation identified by the Department of Education and shall only be used for educational related expenses directly tied to intensive and complex students.
**History**
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *12 DE Reg. 940 (01/01/09)*
- *27 DE Reg. 970 (06/01/24)*
##### **14 Del. Admin. Code § 737-4.0** Process for Local Reorganized School District Tuition Billing {#sec-737-4.0 omnilex-key=us-de-regs-official--title-14--737-4.0}
4.1 A receiving district shall calculate tuition bills by using the most current tuition billing forms and instructions for any tuition expenditures for tuition-eligible students, excluding private placements approved through the Interagency Collaborative Team as authorized by 14 Del.C. §3124. A tuition billing form means the standardized templates developed and approved by the Department of Education.
4.2 A receiving district shall submit tuition bills to the Department of Education for certification no later than November 15th of each year.
4.2.1 This timeline is critical to ensuring timely payment of obligations to support students by January 1st in accordance with 14 Del.C. §602(d), and therefore must be met by all reorganized school districts eligible to submit tuition bills.
4.2.2 Failure to meet this deadline may result in the Department of Education's inability to certify tuition bills.
4.3 The Department of Education shall certify that the billing is true and correct no later than 20 working days after receipt. No bill for tuition charges shall be paid until it has been certified by the Secretary of Education.
4.4 Upon certification, the receiving district shall provide a copy of the certified tuition bill to the sending districts whose students are being served by the special school or special program or who are enrolled in the receiving district and classified as pre-kindergarten, intensive or complex.
4.5 In accordance with 14 Del.C. §602(d), any sending district that has received a tuition bill from a receiving district shall pay the tuition charges no later than January 1st of the current school year. In the event payment is delayed beyond the statutorily required date, the Department of Education may process tuition payments from the sending district's local tuition appropriation.
4.6 Any billing disputes on behalf of the sending district shall be documented through written explanation and provided to the Chief Financial Officer (or equivalent) of the receiving district and the Department of Education no later than December 31st.
4.6.1 Only charges in dispute may be held, while the undisputed remainder of the tuition bill shall be paid.
4.6.2 Billing disputes shall be resolved by the parties and charges paid before the end of the current school year. If disputes have not been resolved by May 1st of each year, both parties shall notify the Department of Education of the circumstances and the Department of Education shall provide a resolution no later than June 1st of the same year. Upon review, the Department of Education shall provide a written decision to both parties, and that decision will serve as the basis for final certification of the tuition bill for immediate payment.
4.7 If any tuition bill is adjusted within the current school year after being certified by the Department of Education, and if the adjustments alter the cost, individual enrollment, total enrollment or tuition rate per pupil from what was already certified, the sending district shall resubmit the tuition bill to the Department of Education for approval and include reasons for changes.
4.8 Tuition billings for serving out-of-state students in accordance with 14 Del.C. §606 shall be submitted to the Department of Education on a form entitled "Establishment of Tuition Costs for Out-of-State/Country Students with Disabilities." The Department of Education shall certify the tuition bill in accordance with 14 Del.C. Ch. 6 and this regulation.
4.9 For all estimated and actual tuition rate data, the sum of the sending district enrollments shall be equal to the exact number of students in the total program enrollment.
4.10 Tuition billings that yield an increase or decrease of 10% or more per pupil over the prior year estimate shall include a detailed explanation for the rate change.
**History**
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *12 DE Reg. 940 (01/01/09)*
- *27 DE Reg. 970 (06/01/24)*
##### **14 Del. Admin. Code § 737-5.0** Process for Charter School Tuition Funding {#sec-737-5.0 omnilex-key=us-de-regs-official--title-14--737-5.0}
5.1 No later than September 15th of each year, the Department of Education shall calculate a per pupil amount for each tuition-eligible student within each local reorganized school district, utilizing the methodology outlined below.
5.1.1 Eligible tuition expenditures are prior year total local tuition expenditures for a reorganized school district less local tuition expenditures for private placements, tuition-eligible English learners (also known as multi language learners) programs and pre-kindergarten services. Reorganized school districts shall use unique appropriations for a pre-kindergarten local tuition and local tuition-eligible English learner programs, as identified by the Department of Education. Additionally, reorganized school districts must follow the established account code guidance to properly identify local tuition expenditures for private placements.
5.1.2 Eligible Division I units are prior year Division I intensive and complex units of a local reorganized school district, excluding units attributed to pre-kindergarten and special schools.
5.2 The per pupil expense amounts shall be calculated as outlined in the following steps:
5.2.1 The eligible tuition expenditures determined in subsection 5.1.1 shall be divided by the number of eligible units determined in subsection 5.1.2.
5.2.2 The intensive per pupil rate shall be determined by dividing the amount calculated in subsection 5.2.1 by the intensive unit ratio as defined in 14 Del.C. §1703(a).
5.2.3 The complex per pupil rate shall be determined by dividing the amount calculated in subsection 5.2.1 by the complex unit ratio as defined in 14 Del.C. §1703(a).
5.3 Charter tuition funding shall be calculated by multiplying the number of intensive and complex students enrolled at the charter school in the current school year by the respective amounts calculated in subsections 5.2.2 and 5.2.3 for each respective sending district. The resulting tuition amount shall be multiplied by 50% to arrive at a final charter tuition funding amount.
5.4 Charter tuition funding shall be calculated by the Department of Education by November 30th. The sending district shall pay the tuition charges no later than January 1st of the current school year. In the event payment is delayed beyond the due date, the Department of Education may process tuition payments from the sending district's local tuition appropriation.
**History**
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *27 DE Reg. 970 (06/01/24)*
- *12 DE Reg. 940 (01/01/09)*
- *27 DE Reg. 970 (06/01/24)*
### **738** Financial Goals for Instruction and Instruction-related Expenditures (Repealed)
##### **14 Del. Admin. Code § 738** Financial Goals for Instruction and Instruction-related Expenditures (Repealed) {#sec-738 omnilex-key=us-de-regs-official--title-14--738}
Repealed, effective November 11, 2020.
**History**
- *13 DE Reg. 1082 (02/01/10)*
- *24 DE Reg. 478 (11/01/20)*
### **745** Criminal Background Check for Public School Related Employment
##### **14 Del. Admin. Code § 745-1.0** Purpose {#sec-745-1.0 omnilex-key=us-de-regs-official--title-14--745-1.0}
This regulation shall apply to all individuals seeking Public School related employment in a Delaware Public School. A Criminal Background Check shall be completed for Employee, Contractors or Volunteers of a Child Serving Entity. It shall consist of a fingerprinted Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI). Additionally, a Child Protection Registry Check shall be completed by the Department of Services for Children, Youth and Their Families (DSCYF). Refer to 14 DE Admin. Code 746 Criminal Background Check for Student Teaching for the requirements and procedures related to Criminal Background Checks for a Student Teaching Placement in a Delaware Public School.
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
##### **14 Del. Admin. Code § 745-2.0** Definitions {#sec-745-2.0 omnilex-key=us-de-regs-official--title-14--745-2.0}
For purposes of this regulation, the following definitions apply:
“Child Protection Registry Check” means a computer search of the Child Protection Registry to determine if a person is a perpetrator in any substantiated cases of child abuse or neglect.
"Child Serving Entity” means Public Schools, including Employees of the Department of Education.
“Continuously Employed” means having worked in the same Public School for at least ninety one (91) working days in the prior school year. Substitute teachers shall be considered Continuously Employed when they have worked forty five (45) days in the prior school year in any combination of Delaware Public Schools. Persons who have participated in a Student Teaching Placement and who have fulfilled the requirements of 14 DE Admin. Code 746 shall be considered Continuously Employed if they participated for forty five (45) days in the prior school year in the school district or charter school where they are seeking Public School related employment.
“Contractor” means a person, not an Employee, providing services within a Child Serving Entity and who has Direct Access to children.
“Covered Personnel” means an “Employee,” “Contractor,” “Volunteer,” as defined herein, or any person who is assigned to an extra duty position (also called Extra Pay for Extra Responsibility (EPER) position) in Public Schools whether the person receives compensation or not.
“Criminal Background Check” means a fingerprinted Delaware and national background check completed by the SBI and the FBI. Additionally, a Child Protection Registry Check shall be completed by DSCYF.
“Direct Access” means, pursuant to this regulation, the opportunity to have personal contact with students receiving care or education during the course of one’s assigned duties.
“Employee” means any person seeking employment for compensation with a Child Serving Entity, or any person who for any reason has Direct Access to students at a Child Serving Entity. This definition also includes any person seeking a Student Teaching Placement in a Public School.
“Public School” means any Public School and includes any board of education, school district, reorganized school district, special school district, charter school or charter school board and any person acting as an agent thereof.
“Student Teaching Placement” means a structured, supervised learning experience for a student in a teacher education program in which the student teacher practices the skills being learned in the teacher education program and gradually assumes increased responsibility for instruction, classroom management, and other related duties for a class of students in a local school district or charter school. These skills are practiced under the direct supervision of the certified teacher who has official responsibility for the class.
“Superintendent” means the chief school officer of any public school district or charter school, or the equivalent of a superintendent, or the superintendent’s designee.
“Volunteer” means a person providing volunteer services within a Child Serving Entity and who has Direct Access to students.
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
##### **14 Del. Admin. Code § 745-3.0** Procedures for Candidates for Employment, Contractors or Volunteers to Obtain a Criminal Background Check {#sec-745-3.0 omnilex-key=us-de-regs-official--title-14--745-3.0}
3.1 A final candidate for a Covered Personnel position, as defined in 2.0, in a Public School shall be subject to the following procedures:
3.1.1 After notification by a Public School that he/she is a final candidate for a Covered Personnel position, the individual shall present him/herself to SBI personnel at one of the Delaware State Police Troops that processes such Criminal Background Checks or at an on site appointment arranged by the Public School. Public Schools at their option may require an applicant to submit a Criminal Background Check prior to becoming a final candidate.
3.1.2 The candidate shall cooperate in all respects with this Criminal Background Check process, or his/her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by the SBI, which may be shown to the prospective placing Public School as proof that the candidate has completed the procedure. The candidate should retain the Verification Form of Processing for his/her records.
3.1.3 The candidate shall have an original of the completed Criminal Background Check sent to one Public School. An original of all information sent to the Public School shall be sent by SBI to the candidate.
3.1.4 As a part of the application for Public School related employment, the contract for services, or the Volunteer agreement, the candidate shall sign a Release for Criminal Background Check Information form approved by the Department of Education. The release will allow the Public School that was sent the original of the completed Criminal Background Check to do the following:
3.1.4.1 Confirm the receipt of that original and disclose its contents to the Public School Superintendents of other Delaware Public Schools considering the person as a candidate.
3.1.4.2 Send the original Criminal Background Check to the placing Public School if the candidate is hired, placed under contract in another Delaware Public School.
3.1.4.3 Send any subsequent criminal history information to the person’s employing or contracting Public School(s).
3.1.5 Each final candidate shall have a determination of suitability made by the Public School and forwarded to him/her. If a determination is made to deny a candidate employment based upon the criminal history, he/she shall have an opportunity to appeal as set forth in 6.0.
3.1.6 Final candidates for employment or entering into a contract for services may have Criminal Background Checks from other states accepted, if all of the following conditions are met:
3.1.6.1 The Criminal Background Check shall have been conducted within the previous twelve (12) months and include a federal Criminal Background Check,
3.1.6.2 The Criminal Background Check shall be sent directly from the Criminal Background Check agency in the other state to a Delaware Public School,
3.1.6.3 A verification from the candidate's most recent employer(s) covering the previous twelve (12) months, stating that the employer knows of no offenses committed by the candidate during that time, shall be sent directly from the candidate's most recent employer(s) to the Delaware Public School which was sent the original background check.
3.1.6.4 The out of state candidate shall sign a release to allow the Public School receiving the out of state Criminal Background Check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware Criminal Background Checks.
3.1.7 Except as described herein, all costs associated with obtaining a Criminal Background Check shall be paid for by the person seeking a Covered Personnel position. Public Schools may use funds other than state funds to pay for Criminal Background Check costs and may enter into consortia to pay such costs for persons covered by the law who work in more than one Public School during the course of the school year.
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
##### **14 Del. Admin. Code § 745-4.0** Procedures for Public Schools for Criminal Background Checks on Candidates for Employment, Contractors or Volunteers {#sec-745-4.0 omnilex-key=us-de-regs-official--title-14--745-4.0}
4.1 Public Schools shall require all persons subject to the law and these regulations to complete a release as a part of the application process for employment, volunteering or to provide contracting services, and if they become a final candidate for a Covered Personnel position, to initiate the Criminal Background Check process prior to entering into the Covered Personnel position.
4.2 The Public School sending the original of a completed Criminal Background Check shall keep the information received in a confidential manner and shall:
4.2.1 If requested by another Delaware Public School Superintendent and assured that a signed release is on file in the requesting Public School, confirm the receipt of that original and disclose its contents to the Superintendent of the requesting Delaware Public School considering the person for hire, a contract, or a volunteer opportunity;
4.2.2 If requested by another Delaware Public School Superintendent and sent a copy of the signed release on file in the requesting Public School, send the original Criminal Background Check to the requesting Delaware Public School if the candidate is placed in a Covered Personnel position; and
4.2.3 If sent any subsequent criminal history information on the person hired, placed under contract, or assuming an extra duty (EPER) or Volunteer position in another Public School, forward such information to the Public School.
4.2.4 Public Schools may also share and forward the above information with the Delaware Department of Education under the same conditions applicable to Public Schools. The provision shall apply only when the Department of Education is acting in its capacity as an employer, a party to a contract for services or taking on a person in an extra duty position (EPER).
4.3 The Public School, in accordance with 31 Del.C. §309(e), shall make a determination of suitability as an Employee, Contractor or Volunteer on each person it requested to initiate the Criminal Background Check process. That determination shall be communicated to the person in writing. If a determination is made to deny a candidate employment based upon the criminal history, he/she shall have an opportunity to appeal for reconsideration as set forth in 6.0.
4.4 When a candidate is finally placed in a Covered Personnel position the Public School shall do the following if the original of the completed Criminal Background Check is not yet in its possession:
4.4.1 Make a written request to the Public School that received the original of the completed Criminal Background Check to forward the original copy to the placing Public School for placement in the Employee's, Contractor's, or Volunteer’s file. As a part of the request, the placing Public School shall forward a copy of the release signed by the candidate.
4.4.2 Notify SBI that the candidate has become Covered Personnel in the Public School and is no longer associated with the Public School that received the original of the completed Criminal Background Check.
4.5 A Public School may place the candidate in a Covered Personnel position provisionally in accordance with 31 Del.C. §309(c)(7); however, the Public School shall require the candidate to comply with the provisions described in these regulations, including the requirement to initiate the Criminal Background Check prior to being placed provisionally as an Employee, Contractor, or Volunteer.
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
##### **14 Del. Admin. Code § 745-5.0** Length of Validity of Criminal Background Check and Exemption for "Continuous Employment" {#sec-745-5.0 omnilex-key=us-de-regs-official--title-14--745-5.0}
5.1 A Criminal Background Check obtained under these regulations shall only be valid for twelve (12) months. If a person is not Continuously Employed by a Delaware Public School within that period, the Public School receiving the original Criminal Background Check need not retain it beyond that time. If the person becomes Continuously Employed by a Delaware Public School, the original Criminal Background Check shall be kept on file for a minimum of five (5) years.
5.2 Each person who has been Continuously Employed in a Public School shall be exempt from obtaining a Criminal Background Check.
5.3 A person who transfers between Delaware Public Schools and is placed in a Covered Personnel position shall comply with 31 Del.C. §309 and these regulations before becoming an Employee, Contractor, or Volunteer. A Criminal Background Check performed within the previous twelve (12) months and held by another Public School or out of state school, and supplied under 3.0 and 4.0 of these regulations is one means of complying with 31 Del.C. §309, et seq., and these regulations.
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
##### **14 Del. Admin. Code § 745-6.0** Determination of Suitability and Appeal Process {#sec-745-6.0 omnilex-key=us-de-regs-official--title-14--745-6.0}
6.1 A person covered by 31 Del.C. §309, and these regulations, shall have the opportunity to respond to a Public School regarding any criminal history information obtained prior to a determination of suitability as an Employee, Contractor, or Volunteer being made. See 31 Del.C. §309(e)(1)(b). Such a response shall be made within ten (10) working days of the person's receipt of the Criminal Background Check information from SBI.
6.1.1 The determination of suitability as an Employee, Contractor, or Volunteer shall be made by the Public School pursuant to 31 Del.C. §309(d) and any other criteria the Public School may establish.
6.2 The Public School shall communicate the results of the determination of suitability to the person, in writing, within five (5) working days of the receipt of the person's response to the criminal history information. If a determination is made to deny a person employment, based upon the criminal history, the person shall have an opportunity to appeal for reconsideration as set forth in 6.3.
6.3 Appeal for Reconsideration
6.3.1 An appeal for reconsideration shall be initiated by a person notified that he/she is being denied or being terminated from employment, pursuant to 31 Del.C. §309(e)(1)(b), by submitting a letter of appeal to the Public School Superintendent within ten (10) working days of the receipt of written notice.
6.3.2 The appeal shall be reviewed by the Public School Superintendent and the appellant shall have the right to be heard by the Public School Superintendent within ten (10) working days of the receipt of the letter of appeal.
6.3.2.1 Local Public Schools shall develop procedures for appeals for reconsideration. The process shall be as informal and accessible as possible, but shall allow for impartial and complete review.
6.3.3 A written decision shall be rendered by the Public School Superintendent within ten (10) working days of the hearing. A decision made by the Public School Superintendent under this appeal procedure is final, unless the Public School has made specific provisions for appeal to another entity within the Public School. The decision shall not be appealable to the State Board of Education or to the Department of Education.
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
##### **14 Del. Admin. Code § 745-7.0** Confidentiality {#sec-745-7.0 omnilex-key=us-de-regs-official--title-14--745-7.0}
7.1 All information and records pertaining to Criminal Background Checks, pursuant to 31 Del.C. §309, et seq., and these regulations, shall be maintained in a confidential manner including, but not limited to, the following:
7.1.1 Access to Criminal Background Check records, and letters of reference accompanying out of state Criminal Background Checks, and determination of suitability shall be limited to the Public School Superintendent and one person designated to assist in the processing of Criminal Background Checks, who will receive training in confidentiality, be required to sign an agreement to keep such information confidential and employ proper precautions to ensure that interoffice communications remain confidential.
7.1.2 All such records shall be kept in locked, fireproof cabinets;
7.1.3 No information from such records shall be released without the signed approval of and the appropriate signed release of the candidate or person placed in a Covered Personnel position.
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
##### **14 Del. Admin. Code § 745-8.0** Penalties {#sec-745-8.0 omnilex-key=us-de-regs-official--title-14--745-8.0}
The Public School Superintendent shall report to the appropriate police authorities evidence of any person who knowingly provides false, incomplete or inaccurate criminal history information or who otherwise knowingly violates the provisions of 31 Del.C. §311.
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
##### **14 Del. Admin. Code § 745-9.0** Subsequent Criminal History Information {#sec-745-9.0 omnilex-key=us-de-regs-official--title-14--745-9.0}
9.1 Subsequent criminal history on a person in a Covered Personnel position may be sent by SBI to the Public School Superintendent and shall be used by the Public School in making a determination about the person's continued suitability for placement in a Public School environment.
9.2 If subsequent criminal history information is mistakenly directed to a Public School other than the current Public School of Covered Personnel, the information shall be forwarded immediately to the employing Public School by the receiving Public School Superintendent.
9.3 If a person is known to be in a Covered Personnel position in more than one Public School, the Superintendent of the Public School receiving the subsequent criminal history information on that person shall share the information received immediately with the Public School Superintendent of the other Public School(s).
**History**
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *12 DE Reg. 327 (09/01/08)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
- *5 DE Reg. 865 (10/1/01)*
- *10 DE Reg. 684 (10/01/06)*
- *19 DE Reg. 917 (04/01/16)*
### **750** Support Personnel Salary Supplements for Additional Training
##### **14 Del. Admin. Code § 750-1.0** Definitions: {#sec-750-1.0 omnilex-key=us-de-regs-official--title-14--750-1.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly states otherwise:
"Certificate" means a document issued by the Department of Education that verifies completion of the additional training required for a Level I, Level II or Bachelor's degree status for support personnel.
"Department" means the Delaware Department of Education.
"Secretary" means the Secretary of the Delaware Department of Education.
"Support Personnel" means an administrative secretary, financial secretary, senior secretary, secretary or clerk employed by a school district, charter school or by the Department of Education.
**History**
- *20 DE Reg. 804 (04/01/17)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *10 DE Reg. 1143 (01/01/07)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
##### **14 Del. Admin. Code § 750-2.0** Supplements for Additional Training {#sec-750-2.0 omnilex-key=us-de-regs-official--title-14--750-2.0}
2.1 An administrative secretary, financial secretary, senior secretary, secretary or clerk shall receive as salary the amount that the employee qualifies for under 14 Del.C. §1308 plus an annual amount for additional training as defined in 14 Del.C. §1309(b). The following shall be the requirements for the salary supplements defined in 14 Del.C. §1309(b):
2.2 Professional Secretary Certificate, Salary Supplement Qualifications
2.2.1 Hold a high school diploma or certificate of equivalency; and
2.2.1.1 Complete two years of college, to equate to a minimum of forty-eight (48) semester hours of course work from a regionally accredited post-secondary institution in business, professional office training, accounting or other related areas; or
2.2.1.2 Pass the Certified Administrative Professional (CAP) examination administered by the International Association of Administrative Professionals (IAAP); or
2.2.1.3 Pass the National Association of Educational Office Professionals, Professional Standards Program (PSP), Certificate Level, Option I or Option II, BASIC or above; or
2.3 Certified Secretary Certificate, Salary Supplement Qualifications
2.3.1 Hold a high school diploma or certificate of equivalency; and
2.3.1.1 Meet the eligibility requirements for Professional Secretary Certificate and complete twelve (12) semester hours of course work from a regionally accredited post-secondary institution in business, professional office training, accounting or other related area; and have a minimum of five years successful experience as an office professional; or
2.3.1.2 Pass the Certified Administrative Professional (CAP) examination administered by the International Association of Administrative Professionals (IAAP); complete twelve (12) semester hours of course work from a regionally accredited post-secondary institution in business, professional office training, accounting or other related area; and have a minimum of five years successful experience as an office professional; or
2.3.1.3 Pass the National Association of Educational Office Professionals, Professional Standards Program (PSP), Certificate Level, Option I; complete twelve (12) semester hours of course work from a regionally accredited post-secondary institution in business, professional office training, accounting or other related area; and have a minimum of five years successful experience as an office professional; or
2.3.1.4 Pass the National Association of Educational Office Professionals, Professional Standards Program (PSP), Certificate Level, Option II which includes the completion of at least twelve (12) semester hours of course work from a regionally accredited post-secondary institution in professional office training, accounting or other related area; and have a minimum of five years successful experience as an office professional;
2.4 Bachelor's Degree Certificate, Salary Supplement Qualifications
2.4.1 Hold a Bachelor's degree from a regionally accredited college.
**History**
- *20 DE Reg. 804 (04/01/17)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *10 DE Reg. 1143 (01/01/07)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
##### **14 Del. Admin. Code § 750-3.0** Requirements for a Certificate {#sec-750-3.0 omnilex-key=us-de-regs-official--title-14--750-3.0}
The Department shall issue Certificates to Support Personnel in local school districts, charter schools and in the Department who have met the requirements for additional training in subsections 2.2, 2.3, and 2.4.
**History**
- *20 DE Reg. 804 (04/01/17)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *10 DE Reg. 1143 (01/01/07)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
##### **14 Del. Admin. Code § 750-4.0** Application Procedures {#sec-750-4.0 omnilex-key=us-de-regs-official--title-14--750-4.0}
4.1 Applicants for a Certificate for additional training shall submit to the Department the appropriate evidence required to meet the requirements for the type of Certificate requested in subsections 2.2, 2.3, and 2.4 as described in subsections 4.1.1 through 4.1.3.
4.1.1 Official transcripts forwarded directly from the issuing institution or by the applicant in an unopened, unaltered envelope.
4.1.2 Evidence of passing scores on the Certified Administrative Professional (CAP) examination as administered by the International Association of Administrative Professionals (IAAP) or passing scores on the Associate Professional Certificate from the Professional Standards Program (PSP), Options I or II, as administered by the National Association of Educational Office Professionals.
4.1.3 Documentation of years of experience if appropriate.
4.1.4 Reapplication is not required unless an applicant intends to apply for a different level of certification under Section 2.0.
**History**
- *20 DE Reg. 804 (04/01/17)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *10 DE Reg. 1143 (01/01/07)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
##### **14 Del. Admin. Code § 750-5.0** Denial of Certificate {#sec-750-5.0 omnilex-key=us-de-regs-official--title-14--750-5.0}
5.1 An applicant may be denied a Certificate for an additional training supplement upon a finding that the applicant has failed to meet the requirements set forth herein or is found to have made a materially false or misleading statement on his or her application or supporting materials.
5.2 The Secretary shall give written notice to the applicant of the denial and the reasons therefore. The notice of denial shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary or his or her designee within 10 days of the receipt of the notice of denial. The Secretary's decision shall be final.
**History**
- *20 DE Reg. 804 (04/01/17)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *10 DE Reg. 1143 (01/01/07)*
- *15 DE Reg. 1711 (06/01/12)*
- *20 DE Reg. 804 (04/01/17)*
- *22 DE Reg. 585 (01/01/19)*
### **764** Credentials for an Interpreter Tutor for the Deaf/Hard of Hearing
##### **14 Del. Admin. Code § 764** Credentials for an Interpreter Tutor for the Deaf/Hard of Hearing {#sec-764 omnilex-key=us-de-regs-official--title-14--764}
700 Finance and Personnel
764 Credentials for an Interpreter Tutor for the Deaf/Hard of Hearing
1.0 Purpose
1.1 This regulation shall apply to the requirements for a Permit, pursuant to the authority provided in Title 14 of the Delaware Code, for Interpreter/Tutor for the Deaf/Hard of Hearing in public schools.
1.2 No person shall be employed by a public school as an Interpreter/Tutor for the Deaf/Hard of Hearing without obtaining a Permit under this section.
14 DE Reg. 1222 (05/01/11)
2.0 Definitions
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Department” means the Delaware Department of Education.
“EIPA” means Educational Interpreter Performance Assessment. For purposes of this regulation, EIPA includes both the Written Test and video stimulus tapes evaluation.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of the interpreter tutor and may reasonably be found to impair an individual’s effectiveness by reason of his or her unfitness or otherwise.
“Permit” means a document issued by the Department of Education that verifies an individual’s qualifications and training to serve as an Interpreter/Tutor for the Deaf/Hard of Hearing. A permit shall be valid for five (5) years.
“RID” means the National Registry of Interpreters for the Deaf.
“Secretary” means the Secretary of the Delaware Department of Education.
“Unfit” means immorality, misconduct in office, incompetence, neglect of duty, disloyalty, willful and persistent insubordination or falsification of credentials.
14 DE Reg. 1222 (05/01/11)
3.0 Requirements for a Permit
3.1 Subject to the provisions in 6.0 below, the Department shall issue a Permit as an Interpreter/Tutor for the Deaf/Hard of Hearing to an individual who has a minimum of a Bachelor’s degree in any field from a regionally accredited college or university and either:
3.2 Holds national certification as a Generalist by RID; or
3.3 Is a certified member of RID as an EIPA credentialed interpreter who achieved a level 4.0 or higher on the Elementary or Secondary American Sign Language video stimulus tapes evaluation.
14 DE Reg. 1222 (05/01/11)
4.0 Application and Renewal Procedures
4.1 Applicants for a Permit as an Interpreter/Tutor for the Deaf/Hard of Hearing shall submit to the Department:
4.1.1 Official transcripts forwarded directly from the issuing institution or by the applicant in an unopened, unaltered envelope.
4.1.2 Evidence of national certification as a Generalist from RID or evidence which documents that the applicant has met the requirements defined in Section 3.2.
4.2 The permit holder shall be required to renew the Permit every five (5) years by submitting documentation that the minimum standards in 3.0 of the regulation have been met.
14 DE Reg. 1222 (05/01/11)
5.0 Criminal Conviction History
An applicant shall disclose his or her criminal conviction history upon application for the Permit. Failure to disclose a criminal conviction history is grounds for denial or revocation of a Permit.
14 DE Reg. 1222 (05/01/11)
6.0 Denial of Permit
6.1 An applicant shall be denied a Permit for an Interpreter/Tutor for the Deaf/Hard of Hearing upon a finding that the applicant:
6.1.1 Failed to meet the requirements set forth herein; or
6.1.2 Is Unfit; or
6.1.3 Had a Permit, certificate or license revoked in another jurisdiction; or
6.1.4 Is under official investigation by any state or local authority with the power to issue educator licenses, permits, or certifications, where the alleged conduct meets the definition of “Unfit” in 2.0 of this regulation, until the applicant provides evidence of the investigation’s resolution.
6.2 The Secretary shall give written notice to the applicant of the denial and the reasons therefore. The notice of denial shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary or his or her designee within 10 days of the receipt of the notice of denial. The Secretary’s decision shall be final.
14 DE Reg. 1222 (05/01/11)
7.0 Revocation of Permit
7.1 A Permit issued under the provisions of this regulation may be revoked upon a finding of conduct that meets the definition of “Unfit” in 2.0 of this regulation and must be revoked upon finding that the permit holder made a materially false or misleading statement in his or her permit application or upon finding that the permit holder failed to maintain the requirements for a Permit as designated in 3.0 herein.
7.2 The Secretary shall give written notice to the permit holder of the proposed revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary, or his or her designee, within 10 days of the receipt of the notice of denial. The Secretary’s decision shall be final.
14 DE Reg. 1222 (05/01/11)
8.0 Effect on Current Certificate or Permit Holders
8.1 This regulation shall be effective immediately.
8.2 Notwithstanding this provision, individuals who are employed as Interpreter/Tutors on May 11, 2011 shall be grandfathered for 5 years subsequent to May 11, 2011. After May 11, 2011, any Delaware Interpreter/Tutor shall meet the requirements of 3.0 herein.
9 DE Reg. 113 (7/1/05)
14 DE Reg. 1222 (5/1/11)
### **765** Credentials for a Resident Advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing
##### **14 Del. Admin. Code § 765** Credentials for a Resident Advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing {#sec-765 omnilex-key=us-de-regs-official--title-14--765}
700 Finance and Personnel
765 Credentials for a Resident Advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing
1.0 Content
This regulation shall apply to the requirements for a Permit for Resident Advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing
14 DE Reg. 1226 (05/01/11)
2.0 Definitions
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Department” means the Delaware Department of Education.
“Immorality” means conduct which is inconsistent with the rules and principals of morality expected of a resident advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing and may reasonably be found to impair an individual’s effectiveness by reason of his or her unfitness or otherwise.
“Permit” means a document issued by the Department of Education that verifies an individual’s qualifications and training to serve as a Resident Advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing.
“Secretary” means the Secretary of the Delaware Department of Education.
“Unfit” means immorality, misconduct in office, incompetence, neglect of duty, disloyalty, willful and persistent insubordination or falsification of credentials.
14 DE Reg. 1226 (05/01/11)
3.0 Requirement for a Permit
Subject to the provisions in 6.0 below, the Department shall issue a Permit as a Resident Advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing to an applicant who has a minimum of a Bachelor’s degree in any field from a regionally accredited college or university.
14 DE Reg. 1226 (05/01/11)
4.0 Application Procedures
Applicants for a Permit as a Resident Advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing shall submit to the Department official transcripts forwarded directly from the issuing institution or by the applicant in an unopened, unaltered envelope.
14 DE Reg. 1226 (05/01/11)
5.0 Criminal Conviction History
An applicant shall disclose his or her criminal conviction history upon application for the Permit. Failure to disclose a criminal conviction history is grounds for denial or revocation of a Permit.
14 DE Reg. 1226 (05/01/11)
6.0 Denial of a Permit
6.1 An applicant shall be denied a Permit for Resident Advisor in the Statewide Programs for Autism and for the Deaf/Hard of Hearing upon a finding that the applicant:
6.1.1 Failed to meet the requirements set forth herein; or
6.1.2 Is Unfit; or
6.1.3 Had a Permit, certificate or license revoked in another jurisdiction; or
6.1.4 Is under official investigation by any state or local authority with the power to issue educator licenses, permits, or certifications, where the alleged conduct meets the definition of “Unfit” in 2.0 of this regulation, until the applicant provides evidence of the investigation’s resolution.
6.2 The Secretary shall give written notice to the applicant of the denial and the reasons therefore. The notice of denial shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary or his or her designee within 10 days of receipt of the notice of denial. The Secretary’s decision shall be final.
14 DE Reg. 1226 (05/01/11)
7.0 Revocation of Permit
7.1 A Permit issued under the provisions of this regulation may be revoked upon a finding of conduct that meets the definition of “Unfit” in 2.0 of this regulation and must be revoked upon a finding that the permit holder made a materially false or misleading statement in his or her Permit application.
7.2 The Secretary shall give written notice to the permit holder of the proposed revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary, or his or her designee, within 10 days of the receipt of the notice of denial. The Secretary’s decision shall be final.
9 DE Reg. 115 (7/1/05)
14 DE Reg. 1226 (05/01/11)
## **800** Health and Safety
### **805** The School Health Tuberculosis (TB) Control Program
##### **14 Del. Admin. Code § 805-1.0** Definitions {#sec-805-1.0 omnilex-key=us-de-regs-official--title-14--805-1.0}
The following words and terms when used in this regulation have the following meaning:
“New school enrollee” means any child enrolling in a Delaware public school for the first time. For purposes of this regulation, “new school enrollee” shall also include any child who is re-enrolled in a Delaware public school following travel or residency of 1 month in a location or facility identified by the Delaware Division of Public Health as an area at risk for tuberculosis exposure.
"School staff and extended services personnel" means all persons hired as full or part time employees in a public school. This includes teachers, administrators, substitutes, contract employees, bus drivers, and student teachers whether compensated or not.
"Tuberculosis risk assessment" means a formal assessment by a healthcare professional, including the primary healthcare physician, Division of Public Health's TB Elimination Program, and school nurse, to determine possible tuberculosis exposure through the use of a health history or questionnaire.
"Tuberculosis test" means a Mantoux skin test, QuantiFERON-TB Gold blood test, or other test approved by the Delaware Division of Public Health.
“Verification” means a documented evaluation of the individual’s disease status.
“Volunteers” means those persons who give their time to help others for no monetary reward and who share the same air space with public school students and staff on a regularly scheduled basis.
**History**
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *1 DE Reg. 1971 (06/01/98)*
- *3 DE Reg. 440 (09/01/99)*
- *8 DE Reg. 1134 (02/01/05)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
##### **14 Del. Admin. Code § 805-2.0** School Staff and Extended Services Personnel {#sec-805-2.0 omnilex-key=us-de-regs-official--title-14--805-2.0}
2.1 School staff and extended services personnel shall provide the tuberculosis test results from a test administered within the past 12 months during the first 15 working days of employment.
2.1.1 Tuberculosis test requirements may be waived for public school staff and extended services personnel who present a notarized statement that tuberculosis testing is against their religious beliefs.
2.1.1.1 In such cases, the individual shall complete the Delaware Department of Education TB Health Questionnaire for School Employees or provide, within 2 weeks, verification from a licensed healthcare provider or the Division of Public Health that the individual does not pose a threat of transmitting tuberculosis to students or other staff.
2.1.1.2 If a school staff member or extended services person, who has submitted a waiver because of religious beliefs, answers affirmatively to any of the questions in the Delaware Department of Education TB Health Questionnaire for School Employees the individual shall complete a symptom screener and provide, within 2 weeks, verification from a licensed healthcare provider or the Division of Public Health that the individual does not pose a threat of transmitting tuberculosis to students or other staff.
2.1.2 School staff and extended services personnel need not be retested if they change employment within Delaware within a 5 year period; however, a copy of the result of the latest tuberculosis test shall be provided to the new employer within 60 days.
2.2 Every fifth year, by October 15th, all school staff and extended services personnel shall complete the Delaware Department of Education TB Health Questionnaire for School Employees or, within 2 weeks, provide tuberculosis test results administered within the last 12 months. If a school staff member or extended services staff member answers affirmatively to any of the questions in the Delaware Department of Education TB Health Questionnaire for School Employees the individual shall complete a symptom screener and provide, within 2 weeks, verification from a licensed healthcare provider or the Division of Public Health that the individual does not pose a threat of transmitting tuberculosis to students or other staff.
2.3 All documentation related to the School Health Tuberculosis (TB) Control Program shall be retained in the same manner as other confidential personnel medical information.
**History**
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *1 DE Reg. 1971 (06/01/98)*
- *3 DE Reg. 440 (09/01/99)*
- *8 DE Reg. 1134 (02/01/05)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
##### **14 Del. Admin. Code § 805-3.0** Volunteers {#sec-805-3.0 omnilex-key=us-de-regs-official--title-14--805-3.0}
3.1 Volunteers shall complete the Delaware Department of Education’s TB Health Questionnaire for Volunteers in Public Schools prior to their assignment and every fifth year thereafter. If the volunteer answers affirmatively to any of the questions, the individual shall complete a symptom screener and provide, within 2 weeks, verification from a licensed healthcare provider or the Division of Public Health that the individual does not pose a threat of transmitting tuberculosis to the students or staff.
3.2 All documentation related to the School Health Tuberculosis (TB) Control Program shall be retained in the same manner as other confidential personnel medical information.
**History**
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *1 DE Reg. 1971 (06/01/98)*
- *3 DE Reg. 440 (09/01/99)*
- *8 DE Reg. 1134 (02/01/05)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
##### **14 Del. Admin. Code § 805-4.0** New School Enrollees {#sec-805-4.0 omnilex-key=us-de-regs-official--title-14--805-4.0}
4.1 New school enrollees shall provide tuberculosis screening results from either a tuberculosis test or the results of a tuberculosis risk assessment administered within the past 12 months prior to school enrollment. If the new school enrollee is in compliance with the other school enrollment health requirements, a school nurse who is trained in the use of the Delaware Department of Education TB Risk Assessment Questionnaire for Students may administer the questionnaire to the student’s parent, guardian, or relative caregiver, or to a new school enrollee who has reached the statutory age of majority (18). If a student’s parent, guardian, or relative caregiver, or a student 18 years or older answers affirmatively to any of the questions, the individual shall complete a symptom screener and provide, within 2 weeks, proof of tuberculosis testing results or provide verification from a licensed healthcare provider or the Division of Public Health that the student does not pose a threat of transmitting tuberculosis to staff or other students.
4.2 All documentation related to the School Health Tuberculosis (TB) Control Program shall be retained in the same manner as other confidential student medical information.
**History**
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *1 DE Reg. 1971 (06/01/98)*
- *3 DE Reg. 440 (09/01/99)*
- *8 DE Reg. 1134 (02/01/05)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
##### **14 Del. Admin. Code § 805-5.0** Tuberculosis Status Verification and Follow-up {#sec-805-5.0 omnilex-key=us-de-regs-official--title-14--805-5.0}
5.1 Tuberculosis status shall be determined through the use of a tuberculosis risk assessment, tuberculosis test, or other testing, which may include x-ray or sputum culture. Individuals who either refuse the tuberculosis test or have positive reactions to the same, or give positive responses to a tuberculosis risk assessment shall provide verification from a licensed healthcare provider or the Division of Public Health that the individual does not pose a threat of transmitting tuberculosis to staff or other students.
5.1.1 Verification shall include Mantoux results recorded in millimeters (if the test was administered), or other tuberculosis test results, current disease status (i.e. contagious or noncontagious), current treatment (or completion of preventative treatment for tuberculosis) and date when the individual may return to the individual’s school assignment without posing a risk to the school setting.
5.1.2 Verification from a healthcare provider or Division of Public Health shall be required only once if treatment was completed successfully.
5.1.3 Updated information regarding disease status and treatment shall be provided to the public school by October 15 every fifth year if treatment was previously contraindicated, incomplete or unknown.
5.1.4 Individuals with a positive tuberculosis test, without active disease, who do not receive prophylactic treatment shall be excluded from school in the event of showing any signs or symptoms of active, infectious disease as described by the Division of Public Health.
5.2 In the event an individual shows any signs or symptoms of active tuberculosis infection, the individual shall be excluded from school until all required medical verification is received by the school. During the specified verification and follow-up an asymptomatic individual, as described by the Division of Public Health, may remain in school until testing and evaluations are completed, but no longer than 10 weeks. If an individual's testing and evaluations have not been completed within the 10-week period, the individual is not permitted to remain in school unless the Division of Public Health provides verification that the individual has an evaluation pending and the individual does not pose a threat of transmitting tuberculosis to staff or other students.
Non regulatory note: See 14 DE Admin. Code 930 Supportive Instruction (Homebound) for students who are not permitted to remain in school.
**History**
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
- *1 DE Reg. 1971 (06/01/98)*
- *3 DE Reg. 440 (09/01/99)*
- *8 DE Reg. 1134 (02/01/05)*
- *13 DE Reg. 1205 (03/01/10)*
- *23 DE Reg. 448 (12/01/19)*
- *27 DE Reg. 971 (06/01/24)*
### **811** School Health Recordkeeping Requirements
##### **14 Del. Admin. Code § 811-1.0** Purpose {#sec-811-1.0 omnilex-key=us-de-regs-official--title-14--811-1.0}
The purpose of this regulation is to outline the required school health record documents and forms, and recordkeeping responsibilities, including entry into eSchool, in order to ensure student safety in schools.
**History**
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
##### **14 Del. Admin. Code § 811-2.0** Definitions {#sec-811-2.0 omnilex-key=us-de-regs-official--title-14--811-2.0}
The following words and terms, when used in this regulation, have the following meaning:
“Delaware Emergency Treatment Card” means a form containing contact information and general school emergency procedures for the care of a student who becomes sick or injured at school. The card contains the student's name, birth date, school district, school, grade or class assignment, home address, and telephone number; the name, place of employment and work telephone number of the parent, guardian or Relative Caregiver; 2 other names, addresses, and telephone numbers of individuals who can be contacted at times when the parent, guardian or Relative Caregiver cannot be reached; the name and telephone number of the primary health care provider and family dentist; any medical conditions or allergies the student has; and the student's medical insurance. NONREGULATORY NOTE: 14 DE Admin. Code 252 contains the same definition for "Delaware Emergency Treatment Card."
“Delaware School Health Record” means an electronic document containing information about a student’s health, which includes but is not limited to the student’s name, gender, birth date, immunizations, results of testing and screenings, medical diagnoses, issued or prescribed medications and treatments, student athlete health records compiled in compliance with DIAA regulations and referrals.
“Department” means the Delaware Department of Education.
“Student Accident Report Form” means a form developed by the Department that is used by the district or charter to review school accidents resulting in medical evaluation or referral.
“Student Health History Update” means a form developed by the Department that is used to obtain current student health information from the parent, guardian, or Relative Caregiver, or the student if 18 years or older, or an unaccompanied homeless youth.
“Summary of School Health Services” means an annual report created by the Department on school health services that have been provided and electronically documented by school nurses.
**History**
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
##### **14 Del. Admin. Code § 811-3.0** Delaware Emergency Treatment Card {#sec-811-3.0 omnilex-key=us-de-regs-official--title-14--811-3.0}
3.1 A Delaware Emergency Treatment Card for each public school student shall be on file in the electronic student health record.
3.1.1 The information on the Delaware Emergency Treatment Card shall be shared only on a need to know basis as related to the education and health needs of the student and consistent with state and federal laws.
3.1.2 The parent, guardian or Relative Caregiver or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 U.S.C. 11434(a)) shall sign the Delaware Emergency Treatment Card to assure they understand the purpose of the form and acknowledge the accuracy of the information.
3.1.3 The Delaware Emergency Treatment Card is used to update the student’s medical information on the Delaware School Health Record and student’s contact information in the district or charter electronic pupil accountability system.
3.1.4 The contact information on the Delaware Emergency Treatment Card shall be used by the school nurse to contact the parent, guardian or Relative Caregiver regarding any health-related matter and to identify a person to pick up or provide consultation regarding the student’s acute illness or injury.
**History**
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
##### **14 Del. Admin. Code § 811-4.0** Delaware School Health Record {#sec-811-4.0 omnilex-key=us-de-regs-official--title-14--811-4.0}
4.1 The Delaware School Health Record shall be current and shall be part of the student’s health record within the Cumulative Record File (14 DE Admin. Code 252) which accompanies the student when the student moves to another school.
4.2 The Delaware School Health Record shall be maintained for the duration of the student's schooling and the school nurse shall use the Student Health History Update to keep health records current.
4.2.1 The Delaware School Health Record shall be maintained within an electronic documentation program and transferred electronically with the student.
4.2.2 If the Delaware School Health Record cannot be transferred electronically, a hard copy shall be created and transferred to the receiving school.
4.3 Documentation received on the student’s health, including parent medication permission slips and immunization records, shall be recorded in the student's electronic Delaware School Health Record. Hard copies of the documents shall be maintained in the student's school health folder.
NONREGULATORY NOTE: also see 14 DE Admin. Code 251 and 252 and the Delaware Public Archives Document Delaware School Districts General Records Retention Schedule.
**History**
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
##### **14 Del. Admin. Code § 811-5.0** Other Required Documentation {#sec-811-5.0 omnilex-key=us-de-regs-official--title-14--811-5.0}
5.1 The school nurse shall document in the state, district, or charter electronic health record system for individual student health data any nursing care provided including the school name, a 3 point date, the person's (student, staff or visitor) first and last name, the time of arrival and departure, the presenting complaint, the nurse's assessment intervention and the outcome, including the disposition of the situation, the parent or other contact, if appropriate, and the nurse's complete signature or initials.
5.2 The school nurse shall document the care given at the time of a school-based accident by completing the Student Accident Report Form if the student missed more than one-half day because of the accident or if the school nurse referred the student for a medical evaluation regardless of whether the parent, guardian or Relative Caregiver or student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 U.S.C. 11434(a)) followed through on that request.
**History**
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
##### **14 Del. Admin. Code § 811-6.0** Submission of Records {#sec-811-6.0 omnilex-key=us-de-regs-official--title-14--811-6.0}
The Department will annually create the Summary of School Health Services report provided by districts and charters. Data from the previous school year shall be collected from the state’s pupil accountability system after August 15th. Any district or charter using an alternative electronic health record shall submit an electronic version of the Summary of School Health Services report to the Department by August 31st of each year.
**History**
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
- *10 DE Reg. 1807 (06/01/07)*
- *19 DE Reg. 490 (12/01/15)*
- *26 DE Reg. 764 (03/01/23)*
### **815** Health Examinations and Screening
##### **14 Del. Admin. Code § 815-1.0** Content {#sec-815-1.0 omnilex-key=us-de-regs-official--title-14--815-1.0}
Pursuant to 14 Del.C. §§122(b)(2) and 406A, this regulation sets forth the health examination and screening requirements for students seeking to enroll or enrolled in Delaware public schools.
**History**
- *15 DE Reg. 838 (12/01/11)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *25 DE Reg. 410 (10/01/21)*
- *28 DE Reg. 223 (09/01/24)*
- *7 DE Reg. 68 (07/01/03)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *23 DE Reg. 208 (09/01/19)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
##### **14 Del. Admin. Code § 815-2.0** Definitions {#sec-815-2.0 omnilex-key=us-de-regs-official--title-14--815-2.0}
The following words and terms, when used in this regulation, have the following meaning:
“Health examination” means the medical examination done by a healthcare provider to determine health status and conditions.
"Healthcare provider" means a currently licensed physician, advanced practice nurse, nurse practitioner, or physician's assistant.
“Lead screening” means a capillary blood lead test, including where a drop of blood is taken from a finger or heel of the foot (16 Del.C. §2601(b)(5)).
"Local Education Agency" or "LEA" means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency and any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
"Oral health screening" means the screening done by a dental hygienist or dentist coordinated with the school by the Bureau of Oral Health and Dental Services.
“School enterer” means any child between birth and 20 years inclusive enrolling and attending a Delaware public school district or public school for the first time, including but not limited to, foreign exchange students, immigrants, students from other states or territories, and children entering from non-public schools.
“Screening” or “screenings” means the vision, hearing, postural gait, lead, and oral health screenings performed by the school nurse or other qualified healthcare professional, as provided in this regulation.
**History**
- *15 DE Reg. 838 (12/01/11)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *25 DE Reg. 410 (10/01/21)*
- *28 DE Reg. 223 (09/01/24)*
- *7 DE Reg. 68 (07/01/03)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *23 DE Reg. 208 (09/01/19)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
##### **14 Del. Admin. Code § 815-3.0** Health Examinations {#sec-815-3.0 omnilex-key=us-de-regs-official--title-14--815-3.0}
3.1 All public school students shall have 2 health examinations, as provided in this section, that have been administered by a healthcare provider.
3.1.1 The first health examination shall have been done within the 2 years prior to enrollment into a Delaware public school. Within 30 calendar days after enrollment, any public school student who has not complied with the health examination requirement shall have received the health examination or shall have a documented appointment with a healthcare provider for the health examination. If this documentation is not provided within 30 calendar days, the student shall be excluded from school until this documentation is received.
3.1.2 The second required health examination shall be done within the 2 years prior to entry into grade 9. Within 30 calendar days after entry, any grade 9 student who has not complied with the second health examination requirement shall have received the health examination or shall have a documented appointment with a healthcare provider for the health examination. If this documentation is not provided within these 30 calendar days, the student shall be excluded from school until this documentation is received.
3.1.3 Notwithstanding subsections 3.1.1 and 3.1.2, all students must meet the requirements under 14 DE Admin. Code 804 Immunizations.
3.1.4 The requirement for the health examination may be waived for students whose parent, guardian or relative caregiver as defined in 14 Del.C. §202(f), or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC §11434a) presents a written declaration acknowledged before a notary public, that because of individual religious beliefs, they reject the concept of health examinations.
3.1.5 Notwithstanding the above, a second health examination shall not be required if the first health examination is within 2 years of entering Grade 9.
3.1.6 The Delaware School Health Examination Form or the Delaware Interscholastic Athletic Association Pre-Participation Physical Evaluation Form may be used as documentation of the health examination. For the purpose of this regulation, the "Delaware School Health Examination Form" means the age-appropriate form developed by the Delaware Department of Education or a substantially similar form for documenting information from the parent, guardian or relative caregiver, and healthcare provider on the student's health status. In addition, a district or charter school may accept a health examination or evaluation documentation on a form which includes, at a minimum, health history, immunizations, results of medical tests and screenings, medical diagnoses, prescribed medications and treatments, and healthcare plans.
3.1.7 The school nurse shall record all findings within the student’s electronic health record (see 14 DE Admin. Code 811) and maintain the original copy in the child’s medical file.
Non regulatory note: See 14 DE Admin. Code 1034 DIAA Health and Safety Requirements for physical or health examination requirements associated with participation in interscholastic sports.
**History**
- *15 DE Reg. 838 (12/01/11)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *25 DE Reg. 410 (10/01/21)*
- *28 DE Reg. 223 (09/01/24)*
- *7 DE Reg. 68 (07/01/03)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *23 DE Reg. 208 (09/01/19)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
##### **14 Del. Admin. Code § 815-4.0** Screening {#sec-815-4.0 omnilex-key=us-de-regs-official--title-14--815-4.0}
4.1 Vision and Hearing Screening
4.1.1 Each public school student in kindergarten and in grades 2, 4, 7 and grades 9 or 10 shall receive both a vision screening and a hearing screening by January 15th of each school year.
4.1.1.1 In addition to the screening requirements in subsection 4.1.1, screening shall also be provided to school enterers, students referred by a teacher or an administrator, and students considered for special education.
4.1.1.2 Driver education students shall have a vision screening within 1 year of their in-car driving hours.
4.1.2 The school nurse shall record the results of the vision and hearing screenings within the student’s electronic health record (see 14 DE Admin. Code 811) and shall notify the parent, guardian or relative caregiver as defined in 14 Del.C. §202(f), or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC §11434a) if the student has a suspected problem.
4.2 Postural and Gait Screening
4.2.1 Each public school student in grades 5 through 9 shall receive a postural and gait screening by December 15th of each school year.
4.2.2 The school nurse shall record the findings of the postural and gait screening within the student’s electronic health record (see 14 DE Admin. Code 811) and shall notify the parents, guardian or relative caregiver as defined in 14 Del.C. §202(f), or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC §11434a) if a suspected deviation has been detected. If a suspected deviation is detected, the school nurse shall refer the student for further evaluation through an on-site follow up evaluation or a referral to the student’s healthcare provider.
4.3 Lead Screening
4.3.1 School enterers at kindergarten or at age 5 or prior, shall be required to provide documentation of lead screening as per 16 Del.C. §2603. Except in the case of enrollment in kindergarten, the screen may be done 60 calendar days of the date of enrollment.
4.3.2 The school nurse shall document the lead screening within the student’s electronic health record. See 14 DE Admin. Code 811.
Non-regulatory note: The Childhood Lead Poisoning Prevention Act, 16 Del.C. Ch. 26, requires healthcare providers to order lead screening for children at or around 12 and 24 months of age. A child is not required to undergo the screening if the child's parent or guardian objects on the grounds that the screening conflicts with the parent's or guardian's religious beliefs. 16 Del.C. §2602(e).
4.4 Oral Health Screening
4.4.1 Beginning with the 2024-2025 school year, and for each school year thereafter subject to 14 Del.C. §4123(f), each school, through the Bureau of Oral Health and Dental Services shall provide an oral health screening to each student enrolled in kindergarten by the last student attendance day of the school year.
4.4.2 The school shall record the results of the oral health screening within the student's electronic health record.
4.4.3 If a student fails the oral health screening, the school shall notify the student's parent, guardian, or relative caregiver.
Non-regulatory note: Pursuant to 14 Del.C. §4123(e), the Bureau of Oral Health and Dental Services is required to inform a parent or guardian of each student's oral health status by sending home, with the student, a copy of the dental screening results and to refer students who need a dental referral or restorative care to a dentist.
**History**
- *15 DE Reg. 838 (12/01/11)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *25 DE Reg. 410 (10/01/21)*
- *28 DE Reg. 223 (09/01/24)*
- *7 DE Reg. 68 (07/01/03)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *23 DE Reg. 208 (09/01/19)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
##### **14 Del. Admin. Code § 815-5.0** Health Records {#sec-815-5.0 omnilex-key=us-de-regs-official--title-14--815-5.0}
If the student is at risk of exclusion because of not meeting the health examinations or immunization documentation requirements, the school nurse may contact the previous Delaware public school nurse to obtain health examinations and immunization records.
**History**
- *15 DE Reg. 838 (12/01/11)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *25 DE Reg. 410 (10/01/21)*
- *28 DE Reg. 223 (09/01/24)*
- *7 DE Reg. 68 (07/01/03)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *23 DE Reg. 208 (09/01/19)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
##### **14 Del. Admin. Code § 815-6.0** Special Considerations {#sec-815-6.0 omnilex-key=us-de-regs-official--title-14--815-6.0}
6.1 School districts and charter schools shall ensure that policies concerning immunization, guardianship and birth certificates do not create barriers to the school enrollment and participation of identified special populations.
6.2 Special consideration should be given to the following populations:
6.2.1 Homeless Children and Youth - The federal McKinney-Vento Homeless Assistance Act, 42 USC §11301 et seq., requires immediate enrollment and entry to school, even if students are unable to produce immunization or other medical records. The Delaware public school nurse and the LEA Homeless Education Liaison at the enrolling school shall work together to obtain the necessary immunization records as soon as possible. If a student has not had immunizations, the school nurse and LEA Homeless Education Liaison shall assist homeless children and youth in meeting the immunization requirements.
6.2.2 Youth in Foster Care – The federal Elementary and Secondary Education Act of 1965, Section 1111(g)(1)(E) requires that when a determination is made that it is not the best interest of a youth in foster care to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment. The enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records. The school nurse and LEA foster care liaison at the enrolling school shall work together to obtain the necessary immunization records as soon as possible.
6.2.3 Military-Connected Youth - In accordance with the provisions of 14 Del.C. Ch. 1, Subchapter III-A Interstate Compact on Education For Children of Military Families (MIC3) and its enabling regulation, a school enterer or secondary school student who is subject to MIC3 shall be allowed 30 calendar days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, to obtain or to initiate a series of immunizations required by this regulation. The Delaware public school nurse of the enrolling school shall work with the parent or guardian of the school enterer to obtain the necessary immunization records as soon as possible.
**History**
- *15 DE Reg. 838 (12/01/11)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
- *25 DE Reg. 410 (10/01/21)*
- *28 DE Reg. 223 (09/01/24)*
- *7 DE Reg. 68 (07/01/03)*
- *10 DE Reg. 1807 (06/01/07)*
- *15 DE Reg. 838 (12/01/11)*
- *16 DE Reg. 283 (09/01/12)*
- *23 DE Reg. 208 (09/01/19)*
- *25 DE Reg. 410 (10/01/21)*
- *25 DE Reg. 755 (02/01/22)*
- *28 DE Reg. 223 (09/01/24)*
### **852** Child Nutrition
##### **14 Del. Admin. Code § 852** Child Nutrition {#sec-852 omnilex-key=us-de-regs-official--title-14--852}
(11/15/16) *Note: Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C. § 1751, et seq. governs these programs.
**History**
- *3 DE Reg. 524 (10/01/99)*
- *8 DE Reg. 540 (10/01/04)*
- *20 DE Reg. 635 (02/01/17)*
### **877** Tobacco and Smoking Policy
##### **14 Del. Admin. Code § 877-1.0** Purpose {#sec-877-1.0 omnilex-key=us-de-regs-official--title-14--877-1.0}
1.1 The purpose of this regulation is to specify for district and charter schools the elements of a required Tobacco and Smoking Policy, including specifying areas where the policy is in effect, and outlining reporting requirements and timelines.
1.2 This regulation aligns with 16 Del.C., Chapter 29, Delaware’s Clean Indoor Air Act, and 11 Del.C., Chapter 5, Subchapter V.
**History**
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *1 DE Reg. 1807 (05/01/98)*
- *6 DE Reg. 1504 (05/01/03)*
- *11 DE Reg. 1463 (05/01/08)*
- *23 DE Reg. 651 (02/01/20)*
##### **14 Del. Admin. Code § 877-2.0** Definitions {#sec-877-2.0 omnilex-key=us-de-regs-official--title-14--877-2.0}
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
“Electronic Smoking Device” means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate Smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor or as this term may be amended by 16 Del.C. §2902.
“Smoking” means:
a. The burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco; or
b. The use of an Electronic Smoking Device which creates an aerosol or vapor, in any manner or in any form or as this term may be amended by 16 Del.C. §2902.
“Tobacco Product” means:
a. Any product that is made from or derived from tobacco or that contains nicotine, including: cigarettes, cigars, pipe tobacco, hookah tobacco, chewing tobacco, snuff, snus, or smokeless tobacco and is intended for human consumption by any means including Smoking, heating, chewing, absorbing, dissolving, inhaling, or ingesting as this term may be amended by 11 Del.C. §1115; or
b. A component or accessory used in the consumption of a Tobacco Product, including filters, rolling papers, and pipes or as this term may amended by 11 Del.C. §1115.
Tobacco Product does not mean a drug, device, or combination product authorized for sale by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.) or as this term may be amended by 11 Del.C. §1115.
“Tobacco Substitute” means:
a. An Electronic Smoking Device employing a mechanical heating element, battery, or circuit to produce aerosol or vapor for inhalation into the body of an individual or as this term may be amended by 11 Del.C. §1115, or
b. A liquid used in a device under paragraph a. above, including liquids that contain nicotine and liquids that do not contain nicotine or as this term may be amended by 11 Del.C. §1115.
Tobacco Substitute does not mean a drug, device, or combination product authorized for sale by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or as this term may amended by 11 Del.C. §1115.
**History**
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *1 DE Reg. 1807 (05/01/98)*
- *6 DE Reg. 1504 (05/01/03)*
- *11 DE Reg. 1463 (05/01/08)*
- *23 DE Reg. 651 (02/01/20)*
##### **14 Del. Admin. Code § 877-3.0** Required Policy {#sec-877-3.0 omnilex-key=us-de-regs-official--title-14--877-3.0}
3.1 To improve the health of students, school personnel, and visitors, each school district and charter school in Delaware shall have a Tobacco and Smoking Policy which at a minimum:
3.1.1 Prohibits smoking and the use of or distribution of tobacco products and electronic smoking devices in school buildings, on school grounds, in school leased or owned vehicles, even when they are not used for student purposes, and at all school affiliated functions.
3.1.2 Includes procedures for communicating the policy to students, school staff, parents, guardians or relative caregivers, families, visitors and the community at large.
3.1.3 Makes provisions for or refers individuals to voluntary cessation education and support programs that address the physical and social issues associated with nicotine addiction.
**History**
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *1 DE Reg. 1807 (05/01/98)*
- *6 DE Reg. 1504 (05/01/03)*
- *11 DE Reg. 1463 (05/01/08)*
- *23 DE Reg. 651 (02/01/20)*
##### **14 Del. Admin. Code § 877-4.0** The Tobacco and Smoking Policy Shall Apply to {#sec-877-4.0 omnilex-key=us-de-regs-official--title-14--877-4.0}
4.1 Any building, property or vehicle leased, owned or operated by a school district, charter school or assigned contractor.
4.1.1 School bus operators under contract shall be considered staff for this policy.
4.2 Any private building or other property including automobiles or other vehicles used for school activities when students and staff are present.
4.3 Any non-educational groups utilizing school buildings or other educational assets.
4.4 Any individual or a volunteer who supervises students off school grounds.
**History**
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *1 DE Reg. 1807 (05/01/98)*
- *6 DE Reg. 1504 (05/01/03)*
- *11 DE Reg. 1463 (05/01/08)*
- *23 DE Reg. 651 (02/01/20)*
##### **14 Del. Admin. Code § 877-5.0** No School or School District Property May Be Used for the Advertising of any Tobacco Product, Tobacco Substitute or Electronic Smoking Device {#sec-877-5.0 omnilex-key=us-de-regs-official--title-14--877-5.0}
**History**
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *1 DE Reg. 1807 (05/01/98)*
- *6 DE Reg. 1504 (05/01/03)*
- *11 DE Reg. 1463 (05/01/08)*
- *23 DE Reg. 651 (02/01/20)*
##### **14 Del. Admin. Code § 877-6.0** Reporting Requirements and Timelines {#sec-877-6.0 omnilex-key=us-de-regs-official--title-14--877-6.0}
6.1 Each school district and charter school shall have an electronic copy of its current Tobacco and Smoking Policy on file with the Department of Education.
6.2 Each school district and charter school shall provide an electronic copy of any Tobacco and Smoking Policy within ninety (90) days of such revisions regardless of whether said revisions were made as a result of changes to federal, state or local law, regulations, guidance or policies.
**History**
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *23 DE Reg. 651 (02/01/20)*
- *1 DE Reg. 1807 (05/01/98)*
- *6 DE Reg. 1504 (05/01/03)*
- *11 DE Reg. 1463 (05/01/08)*
- *23 DE Reg. 651 (02/01/20)*
### **885** Safe Management and Disposal of Chemicals
##### **14 Del. Admin. Code § 885-1.0** Purpose {#sec-885-1.0 omnilex-key=us-de-regs-official--title-14--885-1.0}
The purpose of this regulation is to outline the criteria and processes for chemical storage and use in the classroom, laboratory, or other instructional areas. This regulation sets forth the requirements for the safe procurement, management, storage, and disposal of chemicals. Additional information may be found in the Safety First: Safe Instructional Practices in the Classroom and Laboratory manual.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-2.0** Definitions: {#sec-885-2.0 omnilex-key=us-de-regs-official--title-14--885-2.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly states otherwise:
“Carcinogen” means any known or suspected chemical that can cause cancer.
“Chemical” means any element, compound, or mixture of elements or compounds.
"Chemical Inventory" means a list of all materials and chemicals for which a Safety Data Sheet or "SDS" must be maintained.
“Chemical Name” means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or "IUPAC" or the Chemical Abstracts Service or "CAS" rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard analysis.
"Chemical Procurement" means the acquisition of any chemicals.
“Common Name” means any designation or identification such as a code name, code number, trade name, brand name, or generic name used to identify a chemical other than its chemical name.
“Corrosive” means causing visible destruction of or irreversible alterations in living tissue by chemical action at the site of contact.
"Department" means the Delaware Department of Education.
"Engineering Control" means a physical modification to a process, or process equipment, or the installation of further equipment with the goal of preventing the release of contaminants and improve safety conditions.
“Explosive” means causing a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.
“Expose” or "Exposure" means an instance where an individual is subjected to or potentially subjected to a hazardous chemical through any route of entry (inhalation, ingestion, skin contact or absorption, etc.).
“Hazardous Chemical” means any element, compound or mixture of elements which presents a physical hazard or health hazard.
“Health Hazard” means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed persons. The term "Health Hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. The Safety Data Sheet or "SDS" will provide information to determine whether or not the chemical is a health hazard.
“Instructional Area” means a room or defined space used for an educational activity such as a classroom, a laboratory, a field, a special building, greenhouse, or any other space where educational activities may take place.
“Long-Term Storage” means the storage of any chemical for a time period past the end of the school day.
“Non-hazardous Chemical” means any element, compound or mixture of elements or compounds which do not present a physical hazard or health hazard as indicated by the Safety Data Sheet.
“Occupational Safety and Health Administration” or "OSHA" means the government agency which is part of the United States Department of Labor that develops guidelines to maintain a healthy and safe working environment.
"Personal Protective Equipment" or "PPE" means equipment worn to minimize exposure to hazards that cause serious injuries and illnesses. These injuries and illnesses may result from contact with chemical, radiological, physical, electrical, mechanical, or other hazards. Personal protective equipment may include, but is not limited to, items such as gloves, safety glasses and shoes, earplugs or muffs, hard hats, respirators, or coveralls, vests and full body suits.
“Physical Hazard” means a chemical which is identified by the Safety Data Sheet as a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
“Safety Data Sheet” or "SDS" means a document that contains information on the potential health effects of exposure to chemicals, or other potentially dangerous substances, and on safe working procedures when handling chemical products. It contains hazard evaluations on the use, storage, handling and emergency procedures related to that material. The Safety Data Sheet contains more information about the material than the label and is prepared by the supplier. It is intended to tell what the hazards of the product are, how to use the product safely, what to expect if the recommendations are not followed, what to do if accidents occur, how to recognize symptoms of overexposure, and what to do if such incidents occur.
“Safety First: Safe Instructional Practices in the Classroom and Laboratory Manual” means the collection of documents that outline the mandatory safety procedures regarding the safe management, storage, and disposal of chemicals for instructional areas in Delaware public schools and which may be amended from time to time as published in the Delaware Register of Regulations. The manual also provides safety practices that are governed by this regulation. This document is available on Digital DE: https://education.delaware.gov/digital-de/instructional-resources/content-specific-resources/.
“Short-Term Storage” means the storage of any chemical for a time period before the end of the school day.
“Storage” means a space for the containment of chemicals or other materials.
“Surplus Chemical” means any chemical that is no longer useable or needed.
“Useable” means that the chemical or other material has not surpassed its expiration date.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-3.0** Applicable Areas {#sec-885-3.0 omnilex-key=us-de-regs-official--title-14--885-3.0}
This regulation is applicable to all public schools, including charter schools and all programs they offer, not already regulated by OSHA standards, including but not limited to science education (including classrooms, laboratories, combination classroom and laboratory settings, and outdoor education settings); Career and Technical Education; Technology and Engineering Education; Agricultural Education; Family and Consumer Science Education, Art Education; and Athletics or Athletic Training.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-4.0** Chemical Hygiene Plan {#sec-885-4.0 omnilex-key=us-de-regs-official--title-14--885-4.0}
4.1 All Delaware public schools shall have a Chemical Hygiene Plan that outlines specific school district’s or charter school’s procedures in the area of staff and student chemical safety. The plan shall include at least the following:
4.1.1 Identification of at least one Chemical Hygiene Officer for the school district or charter school who shall:
4.1.1.1 Act as liaison between teachers, building administration, facilities staff, and the Department regarding chemical safety issues;
4.1.1.2 Maintain the chemical inventory for the school;
4.1.1.3 Approve all chemical procurement by the school district or charter school;
4.1.1.4 Maintain a supply of SDS for all chemicals in the chemical inventory. The SDS may be paper or electronic, and be easily accessible from outside of the facility;
4.1.1.5 Assist with maintenance requests related to safety equipment;
4.1.1.6 Identify and coordinate disposal of hazardous chemical wastes with the Department and chemical disposal vendors; and
4.1.1.7 Provide prior approval for new laboratory operations, procedures, or activities proposed by educators.
4.1.2 Standard operating procedures associated with chemical procurement, chemical use, chemical storage, chemical disposal (both hazardous and non-hazardous), and the handling of chemical spills.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-5.0** Inventory of Chemicals {#sec-885-5.0 omnilex-key=us-de-regs-official--title-14--885-5.0}
5.1 Each school district and charter school shall prepare a chemical inventory for each of its schools by September 15 of each year. A copy of this chemical inventory, along with the respective SDS, shall be maintained by the school principal or head of school, chief custodian, and the identified Chemical Hygiene Officer. Additionally, copies shall be maintained in the chemical storage area and with the school nurse or school health manager. The chemical inventory, both hazardous and non-hazardous, shall contain at least the following information:
5.1.1 The name of the chemical;
5.1.2 The amount of the chemical (in appropriate measurement units);
5.1.3 The location where the chemical is stored;
5.1.4 The date of procurement. If the date of procurement is unknown, the earliest known date of ownership shall be indicated; and
5.1.5 The form or state (e.g. powder, solution, vapor, etc.) of the chemical.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-6.0** Chemicals with Special Conditions {#sec-885-6.0 omnilex-key=us-de-regs-official--title-14--885-6.0}
6.1 Mercury and mercury compounds, both organic and inorganic, shall not be present in or used in public schools, including charter schools in Delaware. Schools may continue to use mercury discharge tubes and fluorescent lights even though they contain a small amount of mercury gas because the mercury is enclosed in the glass container.
6.2 Known carcinogens shall not be present in or used in public schools, including charter schools in Delaware. A listing of known carcinogens can be found in Safety First: Safe Instructional Practices in the Classroom and Laboratory.
6.3 All public schools, including charter schools, shall comply with current Environmental Protection Agency (EPA) regulations regarding regulated refrigerants.
6.4 Further provided chemicals may be identified as "chemicals with special conditions" or "banned" are not to be present or used in public schools, including charter schools because of updated knowledge of the chemicals.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-7.0** Storage of Chemicals {#sec-885-7.0 omnilex-key=us-de-regs-official--title-14--885-7.0}
7.1 The storage of all chemicals shall conform to the mandatory specifications stated in Safety First: Safe Instructional Practices in the Classroom and Laboratory.
7.2 Chemicals in the instructional area shall be for immediate use only (short-term storage). All long-term storage of chemicals shall be in a properly equipped chemical storage room.
7.3 Pressurized storage of liquids and gases shall conform to current OSHA storage and handling regulations.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-8.0** Management of Chemicals {#sec-885-8.0 omnilex-key=us-de-regs-official--title-14--885-8.0}
8.1 Instructional staff shall provide annual training in the safe management of chemicals to all students in instructional areas that use chemicals. All students shall sign a student safety acknowledgement at the conclusion of this training. The training shall be age and grade appropriate for the students and shall include at least the following:
8.1.1 An overview of the school safety program;
8.1.2 The location of all hazardous chemical containers in the instructional area;
8.1.3 An explanation of how to read labels on containers;
8.1.4 The location, availability and content of SDS and an explanation of how they are used;
8.1.5 An explanation of the nature of physical and health hazards associated with the use of all hazardous chemicals (regardless of quantity) to which they may be exposed;
8.1.6 An explanation of the proper handling, storage and disposal methods for each of the hazardous chemicals present in the instructional area; and
8.1.7 Measures taken by the instructional staff and school personnel to prevent or control exposure such as engineering controls, personal protective equipment, and emergency procedures for spills or leaks.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-9.0** Disposal of Surplus Chemicals {#sec-885-9.0 omnilex-key=us-de-regs-official--title-14--885-9.0}
9.1 Disposal of surplus non-hazardous chemicals shall be carried out by the school district or charter school in accordance with procedures outlined in the SDS.
9.2 Disposal of surplus hazardous chemicals shall only be disposed of through the use of a licensed waste hauler.
9.2.1 Each school district and charter school shall prepare a list of surplus hazardous chemicals and submit it to the Department’s Education Associate, Science by November 15 of each year. The Department shall arrange for a licensed waste hauler to take the chemicals to a proper waste facility for disposal. The cost of disposal shall be prorated among the participating schools. Alternatively, a school district or charter school may independently contract with a licensed waste hauler. An official letter shall be sent to the Education Associate, Science describing the school’s intentions and naming the licensed waste hauler. The licensed waste hauler shall provide the school district or charter school with a manifest of items removed. This manifest shall be retained by the school district or charter school for at least five years from the collection date.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-10.0** Facility Requirements for Instructional Areas that use Hazardous Chemicals {#sec-885-10.0 omnilex-key=us-de-regs-official--title-14--885-10.0}
10.1 Basic safety equipment shall be installed in all instructional areas that use hazardous chemicals and shall conform to the requirements outlined in Safety First: Safe Instructional Practices in the Classroom and Laboratory. Non-traditional instructional areas such as an outdoor classroom or an agricultural field shall include all of the safety equipment as warranted and deemed necessary based on the hazard level of the lesson and materials being used in the instruction of students. Basic safety equipment shall include at least the following items:
10.1.1 Eyewash (running water, continuous flow style);
10.1.2 Acid or chemical shower (continuous flow style);
10.1.3 Eye protection (wrap-around, splash-shield style goggles);
10.1.4 ABC Fire extinguisher;
10.1.5 Fire blanket; and
10.1.6 Chemical spill equipment.
10.2 A properly functioning fume hood or other industry-standard ventilation system shall be used when mixing chemicals, using chemicals, or for short-term storage of chemicals that release hazardous fumes. The determination that hazardous fumes may be released is made by a hazard analysis and a review of the SDS document. Fume hoods and other ventilation systems shall conform to the requirements outlined in Safety First: Safe Instructional Practices in the Classroom and Laboratory.
10.3 All instructional areas that use hazardous chemicals which are constructed, reconfigured, or renovated after September 1, 2011 shall provide adequate space for student work at a minimum of 50 square feet per student.
10.4 All instructional areas that use hazardous chemicals shall have at least two means of egress. The second exit may pass through another room or a non-chemical storage room if it is used only as an emergency exit.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
##### **14 Del. Admin. Code § 885-11.0** Assurance of Safety Practices {#sec-885-11.0 omnilex-key=us-de-regs-official--title-14--885-11.0}
Each school district or charter school shall submit an assurance letter annually to the Department's Education Associate, Science no later than November 15. The assurance letter shall verify that the school district or charter school's hazardous chemical management program has been reviewed for compliance, and is compliant with this regulation and the corresponding sections of Safety First: Safe Instructional Practices in the Classroom and Laboratory.
**History**
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
- *8 DE Reg. 346 (08/01/04)*
- *10 DE Reg. 1432 (03/01/07)*
- *15 DE Reg. 1002 (01/01/12)*
- *20 DE Reg. 975 (06/01/17)*
- *26 DE Reg. 51 (07/01/22)*
## **900** Special Populations
### **901** Dispute Resolution Process for Educational Placement for Children and Youth Experiencing Homelessness
##### **14 Del. Admin. Code § 901-1.0** Purpose {#sec-901-1.0 omnilex-key=us-de-regs-official--title-14--901-1.0}
This regulation outlines the resolution process for disputes related to the educational placement of children and youth experiencing homelessness.
**History**
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *12 DE Reg. 444 (10/01/08)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *1 DE Reg. 963 (01/01/98)*
- *7 DE Reg. 620 (11/01/03)*
- *12 DE Reg. 444 (10/01/08)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
##### **14 Del. Admin. Code § 901-2.0** Definitions {#sec-901-2.0 omnilex-key=us-de-regs-official--title-14--901-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Charter school" means a public school that is operated under a charter granted by, or transferred to, the Department or other authorizing body pursuant to 14 Del.C. Ch. 5.
"Department" means the Delaware Department of Education.
"Guardian" means a non-parent legally appointed by the court with the powers, rights, and duties which are necessary to protect, manage, and care for a child.
"Homeless children and youths" as defined by the provisions of the 42 U.S.C. §11434a(2), means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of 42 U.S.C. §11302(a)(1)); and includes:
“Inter-Local Education Agency” or “inter-LEA” means between local education agencies.
"LEA homeless liaison" means the local educational agency's liaison for homeless children and youths designated under 42 U.S.C. §11432(g)(1)(J)(ii).
“Local Education Agency” or “LEA" means a reorganized traditional school district, vocational-technical school district, or charter school, legally constituted and established under Delaware law for either administrative control or direction of public elementary or secondary schools.
“Relative caregiver” means an adult who by blood, marriage or adoption is the child's great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, niece, nephew, first cousin or first cousin once removed but who does not have legal custody or legal guardianship of the child.
"School district" means a reorganized school district or vocational-technical school district or both.
“School of origin” means the specific public school building that the student attended when permanently housed, the public school in which the student was last enrolled before becoming homeless or the next receiving public school the student would attend for all feeder schools.
“School of residence” means the specific public school building that the student would attend based on where the student is currently residing.
"Secretary" means the Delaware Secretary of Education.
"State coordinator" means the Delaware coordinator for the education of homeless children and youths designated under 42 U.S.C. §11432(d)(3).
"Unaccompanied youth" means a homeless child or youth not in the physical custody of a parent or guardian.
**History**
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *12 DE Reg. 444 (10/01/08)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *1 DE Reg. 963 (01/01/98)*
- *7 DE Reg. 620 (11/01/03)*
- *12 DE Reg. 444 (10/01/08)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
##### **14 Del. Admin. Code § 901-3.0** Compliance with Federal Law {#sec-901-3.0 omnilex-key=us-de-regs-official--title-14--901-3.0}
School districts and charter schools shall comply with the provisions of the federal McKinney-Vento Homeless Assistance Act as reauthorized by the Every Student Succeeds Act (ESSA), 42 U.S.C. §§11431 - 11435, and any regulations issued pursuant thereto.
**History**
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *12 DE Reg. 444 (10/01/08)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *1 DE Reg. 963 (01/01/98)*
- *7 DE Reg. 620 (11/01/03)*
- *12 DE Reg. 444 (10/01/08)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
##### **14 Del. Admin. Code § 901-4.0** Procedures for the Resolution of Disputes Concerning the Educational Placement of Homeless Children and Youths {#sec-901-4.0 omnilex-key=us-de-regs-official--title-14--901-4.0}
4.1 The school shall provide the parents, guardians, relative caregivers or unaccompanied youth with a written notice of the school's decision regarding school selection or enrollment. The notice shall include:
4.1.1 A written explanation of the school's decision regarding school selection or enrollment;
4.1.2 Contact information for the LEA homeless liaisons and state coordinator, with a brief description of their roles;
4.1.3 A form that parents, guardians, relative caregivers or unaccompanied youth can complete and turn in to the school to initiate the dispute resolution process;
4.1.4 Instructions as to how to dispute the school's decision at the school district or charter school level;
4.1.5 Notice of the right to enroll immediately in the school of choice pending resolution of the dispute;
4.1.6 Notice that immediate enrollment includes full participation in all school activities for which the student is eligible;
4.1.7 Notice of the right to appeal to the State if the school district or charter school level resolution is not satisfactory; and
4.1.8 Timelines for resolving school district or charter school and State-level appeals.
4.2 If a dispute arises over school selection or enrollment, the child or youth shall be immediately enrolled in either the school of origin or the school of residence in which enrollment is sought by the parents, guardians, relative caregivers or unaccompanied youth, pending final resolution of the dispute, including all available appeals.
4.3 School District and Charter School Level Dispute Resolution Process
4.3.1 School districts and charter schools shall develop a dispute resolution process at the school district or charter school level. The dispute resolution process shall be as informal and accessible as possible, but shall allow for impartial and complete review. Parents, guardians, relative caregivers or unaccompanied youth shall be able to initiate the dispute resolution process directly at the school they choose, the school district or charter school, or the LEA homeless liaison's office.
4.3.2 Within 10 business days of the initiation of the school district and charter school level dispute resolution process, the school district or charter school shall inform the parties in writing of its determination, along with notice of the right to appeal to the State if the school district or charter school level resolution is not satisfactory.
4.4 Inter-LEA Resolution Process
4.4.1 When inter-LEA issues arise, including transportation, representatives from all involved school districts and charter schools, the state coordinator, or their designee, and the parents, guardians, relative caregivers or unaccompanied youth shall meet within 10 business days of the initiation of the dispute process to attempt to resolve the dispute.
4.4.2 The state coordinator's role is to facilitate the meeting.
4.4.3 If the parties are unable to resolve the inter-LEA dispute, it shall be referred to the Secretary or designee within 10 business days of the meeting. Subsection 4.5 shall govern the Secretary’s or designee’s determination. The Secretary or designee shall consider the entire record of the dispute, including any written statements submitted and shall make a determination based on the child's or youth's best interest, as defined in 42 U.S.C. §11432(g)(3).
4.4.3.1 Notwithstanding subsection 4.4.3, where the inter-LEA dispute is limited solely to the issue of the apportionment of responsibility and costs for providing the child transportation to and from the school of origin, there shall be no referral to the Secretary.
4.4.3.2 Pursuant to 42 USC 11432 (g)(1)(J)(iii)(II), if the school districts and charter schools are unable to agree upon such a method of appropriation, the responsibility for the costs for transportation shall be shared equally.
4.5 State Level Dispute Resolution Process
4.5.1 The State-level dispute resolution process is available for appeals from school district or charter school level decisions and inter-LEA disputes. Appeals may be filed by parents, guardians, relative caregivers or unaccompanied youth, school districts or charter schools. Appeals filed by a local school board within a school district shall not be accepted.
4.5.2 To initiate the State-level dispute resolution process, the appellant must file a written notice of appeal with the Secretary no later than 10 business days after receiving written notification of the school district or charter school level or inter-LEA decision. The notice of appeal shall state with specificity the grounds of the appeal, and shall be signed by the appellant. Where the appeal is being initiated by a school district or charter school, the superintendent of the school district or charter school head of school must sign the notice of appeal.
4.5.3 A copy of the notice of appeal shall be delivered by hand or certified mail or electronically to all other parties to the proceeding at the time it is sent to the Secretary. A copy of any other paper or document filed with the Secretary or designee shall, at the time of filing, also be provided to all other parties to the proceeding.
4.5.4 Upon receipt of a notice of appeal, the Secretary or designee, shall within 5 business days decide whether to hear the appeal or assign it to an independent and impartial review official and shall so advise the parties.
4.5.5 The school district or charter school shall file a certified record of the school district or charter school or inter-LEA level dispute proceeding with the Secretary or designee within 5 business days of the date the Secretary notifies the parties that an appeal has been filed. The record shall contain any written decision, any written minutes of the meetings at which the disputed action was taken, all exhibits or documentation presented at the LEA or inter-LEA level dispute proceeding, and any other evidence relied on by the school district or charter school in making its decision.
4.5.6 Appeals are limited to the record. The parties may support their positions in written statements limited to matters in the existing record. In order to be considered, written statements must be filed with the Secretary or designee no later than 15 business days after the appeal is filed.
4.5.7 The Secretary or designee shall consider the entire record of the dispute, including any written statements submitted in reaching a decision. The Secretary or designee shall overturn the school district or charter school or inter-LEA decision only if it is decided that the school district or charter school decision was not supported by substantial evidence or was arbitrary or capacious or is inconsistent with state and federal law or regulation.
4.5.8 Within 30 business days of the receipt of the notice of appeal, the Secretary or designee shall inform the parties of the appeal determination.
4.5.9 The determination of the Secretary or designee shall be final and is not subject to further appeal within the Department.
**History**
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *12 DE Reg. 444 (10/01/08)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
- *1 DE Reg. 963 (01/01/98)*
- *7 DE Reg. 620 (11/01/03)*
- *12 DE Reg. 444 (10/01/08)*
- *23 DE Reg. 33 (07/01/19)*
- *27 DE Reg. 423 (12/01/23)*
### **902** Gifted or Talented Education Plan
##### **14 Del. Admin. Code § 902-1.0** Purpose {#sec-902-1.0 omnilex-key=us-de-regs-official--title-14--902-1.0}
The purpose of this regulation is to establish that a gifted or talented student, as identified by a professionally qualified person or persons, may require differentiated educational programs or services beyond those normally provided by the regular school program in order to address the individual student's capabilities. The school districts' or charter schools' capacity to provide differentiated educational programs or services should also be considered as this varies between school districts and charter schools. Capacity means the way in which a school district or charter school chooses to identify its areas of giftedness and the types of services they choose to provide. A school district or charter school is not required to provide programming for all giftedness areas.
**History**
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *19 DE Reg. 48 (07/01/15)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
##### **14 Del. Admin. Code § 902-2.0** Definitions {#sec-902-2.0 omnilex-key=us-de-regs-official--title-14--902-2.0}
The following words and terms, when used in this regulation, have the following meaning:
"Gifted or talented education plan" or “plan” means a Delaware Department of Education approved-document created by a school district or charter school for the development, implementation, and evaluation of an identification process and appropriate services for gifted or talented students.
"Gifted or talented student" means a child enrolled in a Delaware public school who has been identified by a professionally qualified person or persons as meeting the following definition of gifted or talented:
A child capable of high performance with demonstrated achievement or potential ability in any of the following giftedness areas, singularly or in combination:
General intellectual ability;
Specific academic aptitude;
Creative or productive thinking;
Leadership ability;
Visual and performing arts ability; or
Psychomotor ability.
"Relative caregiver" means, pursuant to 14 Del.C. §202(f)(2), an adult who, by blood, marriage or adoption, is the child's great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, step parent, brother, sister, step brother, step sister, half brother, half sister, niece, nephew, first cousin, or first cousin once removed but who does not have legal custody or legal guardianship of the student.
**History**
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *19 DE Reg. 48 (07/01/15)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
##### **14 Del. Admin. Code § 902-3.0** Development, Components and Plan Review {#sec-902-3.0 omnilex-key=us-de-regs-official--title-14--902-3.0}
3.1 Each school district or charter school shall have a plan which, at a minimum, shall:
3.1.1 Outline the anticipated services to be provided and giftedness areas to be covered based upon each individual district or charter school's capacity.
3.1.2 Outline goals and specific outcomes;
3.1.3 Be developed with input from various stakeholder groups including parents;
3.1.4 Provide the process for identification of gifted or talented students by professionally qualified persons;
3.1.5 Outline an identification process that includes how each district or charter identifies gifted learners and in which defined giftedness areas that ensures all students have an equal opportunity to be identified and participate in the program;
3.1.6 Provide for a communication process, which shall include procedures to inform parents, guardians, or relative caregivers of a student's participation in the gifted or talented education program;
3.1.7 Establish procedures for requiring that, at a minimum, each teacher assigned to teach a student identified as gifted or talented be certified in accordance with the applicable Professional Standards Board regulations.
3.1.8 Establish procedures for students who transfer into the school district or charter school who have been identified as gifted or talented in their prior school; and
3.1.9 Provide for an evaluation of the plan.
3.2 Implementation of the gifted or talented programs and services shall be aligned to the plan.
3.3 The Department of Education shall review each plan periodically, but not less than every 5 years for compliance with this regulation and equitable practices. If a school district or charter school makes any substantive changes to the gifted or talented education plan, the plan shall be provided to the Department of Education within 1 year of the change for review for compliance with this regulation.
**History**
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *19 DE Reg. 48 (07/01/15)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
##### **14 Del. Admin. Code § 902-4.0** Resources {#sec-902-4.0 omnilex-key=us-de-regs-official--title-14--902-4.0}
The Department of Education shall maintain a resource guide of best practices on its website that a school district or charter school may use in the development and implementation of its plan.
**History**
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
- *19 DE Reg. 48 (07/01/15)*
- *23 DE Reg. 568 (01/01/20)*
- *27 DE Reg. 672 (03/01/24)*
### **903** Best Interest Determination Process for School Placement- Students in Foster Care
##### **14 Del. Admin. Code § 903-1.0** Purpose {#sec-903-1.0 omnilex-key=us-de-regs-official--title-14--903-1.0}
Under 14 Del.C. §202A, a student in the custody of the Delaware Department of Services for Children, Youth and Their Families (DSCYF) who is in foster care must remain in the student's school of origin unless a determination is made that it is not in the student's best interest to attend such school. The purpose of this regulation is to provide the process for the determination of best interest in school placement decisions for students in foster care.
**History**
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *21 DE Reg. 420 (11/01/17)*
- *26 DE Reg. 98 (08/01/22)*
##### **14 Del. Admin. Code § 903-2.0** Definitions {#sec-903-2.0 omnilex-key=us-de-regs-official--title-14--903-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Best Interest Meeting" means the convening of certain individuals as noted within this regulation to determine if the student should remain in the school of origin.
"Best Interest Meeting Determination Form (Foster Care)" means the document, which may be amended from time to time, approved by the Delaware Department of Education for use in the determination of best interest in school placement decisions for students in foster care.
"Charter School" means a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code.
"Court Appointed Special Advocate" or "CASA" means a volunteer authorized and appointed under 14 Del.C. §9010A, who is supervised by a coordinator and who works in conjunction with the child's attorney to accomplish the duties set forth in 29 Del.C. § 9007A(c).
"Department" means the Delaware Department of Education.
"DFS" means the Division of Family Services, a unit of the Delaware Department of Services for Children, Youth and Their Families.
"DFS Caseworker" means the caseworker assigned to the student in foster care.
"DSCYF" means the Delaware Department of Services for Children, Youth and Their Families.
"LEA Foster Care Liaison" means the local education agency liaison for students in foster care.
"Local School District" shall mean a reorganized school district or vocational technical school district established by 14 Del.C. Ch. 10.
"School of Origin" means the following:
"Secretary" means the Secretary of the Delaware Department of Education.
"State Coordinator" means the Delaware Coordinator for Education of Students in Foster Care.
"Student in Foster Care" means a student in the custody of the Delaware Department of Services for Children, Youth and Their Families (DSCYF) pursuant to Chapter 25 of Title 13 of the Delaware Code.
**History**
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *21 DE Reg. 420 (11/01/17)*
- *26 DE Reg. 98 (08/01/22)*
##### **14 Del. Admin. Code § 903-3.0** Best Interest Meeting Timeline {#sec-903-3.0 omnilex-key=us-de-regs-official--title-14--903-3.0}
3.1 A Best Interest Meeting must occur within 5 school days based on the School of Origin's school instructional calendar or 7 business days in the event of the summer recess:
3.1.1 When a student is placed into foster care;
3.1.2 When there is a change in foster care placement; or
3.1.3 When the student leaves the custody of DSCYF.
3.2 If it is determined a Best Interest Meeting under subsection 3.1 cannot occur within the specified time, documentation identifying the reason for the meeting delay shall be provided to the State Coordinator within 10 working days. This information shall be provided annually to the chief school officer of the local school district or charter school.
3.3 If subsection 3.1 is not applicable, a Best Interest Meeting shall be held at least once a year, preferably within the last 2 months of the school calendar.
**History**
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *21 DE Reg. 420 (11/01/17)*
- *26 DE Reg. 98 (08/01/22)*
##### **14 Del. Admin. Code § 903-4.0** Process for the Determination of Best Interest {#sec-903-4.0 omnilex-key=us-de-regs-official--title-14--903-4.0}
4.1 The DFS Caseworker and LEA Foster Care Liaison shall be responsible for the coordination of the date, time, and method for the Best Interest Meeting using available technology; however, in person attendance is preferred.
4.1.1 The LEA Foster Care Liaison shall:
4.1.1.1 Invite needed educationally related participants; and
4.1.1.2 Invite the special education administrator or designee from the student's school of residence, based on the address of the DSCYF custody placement at the time of the meeting, and the student's school of origin, and the educational surrogate parent when applicable to participate in the Best Interest Meeting if the student is eligible for or receiving special education services.
4.1.2 The DFS Caseworker shall:
4.1.2.1 Invite the parents, legal guardian, or relative caregiver, foster care parents, attorney for the child or CASA, and educational decision maker, as applicable; and
4.1.2.2 Invite the student to attend when it is determined to be developmentally appropriate by the DFS Caseworker.
4.2 The Best Interest Meeting shall be conducted in a manner that results in the Best Interest Meeting Determination Form (Foster Care) being completed.
4.3 The Best Interest determination shall be made by the following individuals:
4.3.1 A representative of DSCYF, preferably the DFS Caseworker,
4.3.2 A representative of the student's school of origin, and
4.3.3 A representative of the student's school of residence based on the address of the DSCYF custody placement at the time of the meeting.
4.4 If no agreement is reached by all of the representatives specified in subsection 4.3 for changing the school placement from the school of origin to the student's school of residence, based on the address of the DSCYF custody placement at the time of the meeting, then the student shall remain in the school of origin pending finalization of any applicable dispute resolution process.
4.4.1 Except in accordance with subsection 4.4.2, a subsequent Best Interest Meeting shall not occur unless subsection 3.1 or subsection 3.3 applies.
4.4.2 If exigent circumstances exist for a subsequent Best Interest Meeting to occur, an application shall be submitted on a form approved by the Department to the State Coordinator. The Secretary or designee will determine whether to approve the application for the requested subsequent Best Interest Meeting.
**History**
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *21 DE Reg. 420 (11/01/17)*
- *26 DE Reg. 98 (08/01/22)*
##### **14 Del. Admin. Code § 903-5.0** Applicability {#sec-903-5.0 omnilex-key=us-de-regs-official--title-14--903-5.0}
5.1 Nothing in this regulation shall alter a local school district or charter school's duties under the Individuals with Disabilities Education Act (IDEA) or 14 DE Admin. Code 922 through 929.
5.2 Nothing in this regulation shall prevent a local school district or charter school from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and Delaware Department of Education regulations.
5.3 Nothing in this regulation shall alter a local school district or charter school's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a local school district or charter school from providing supportive instruction to such students.
**History**
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *26 DE Reg. 98 (08/01/22)*
- *21 DE Reg. 420 (11/01/17)*
- *26 DE Reg. 98 (08/01/22)*
### **910** Delaware Requirements for Issuance of the Secondary Credential
##### **14 Del. Admin. Code § 910-1.0** Purpose {#sec-910-1.0 omnilex-key=us-de-regs-official--title-14--910-1.0}
Pursuant to 14 Del.C. §122(b)(18), a Delaware secondary credential is given to persons who satisfactorily pass a secondary credential assessment approved and recognized by the Delaware Department of Education.
**History**
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *2 DE Reg. 375 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 862 (11/01/06)*
- *15 DE Reg. 1008 (01/01/12)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
##### **14 Del. Admin. Code § 910-2.0** Definitions {#sec-910-2.0 omnilex-key=us-de-regs-official--title-14--910-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Assessment” means a set of tests that evaluates high school skill levels in the content areas of English Language Arts, Math, Science and Social Studies.
“Department” means the Delaware Department of Education.
“Secondary Credential” means a document that verifies the successful completion of the assessment that evaluates high school level skills in the areas of English Language Arts, Math, Science and Social Studies.
**History**
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *2 DE Reg. 375 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 862 (11/01/06)*
- *15 DE Reg. 1008 (01/01/12)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
##### **14 Del. Admin. Code § 910-3.0** Eligibility for a Secondary Credential Assessment {#sec-910-3.0 omnilex-key=us-de-regs-official--title-14--910-3.0}
3.1 For persons 18 years of age or older, the person shall:
3.1.1 Be a resident of Delaware or, if a resident of another state, be currently employed in Delaware and have been employed for a minimum of 6 months prior to taking the test; and
3.1.2 Certify by signature on the secondary credential assessment application form that the person is not enrolled in a public or nonpublic school program.
3.2 For a person 16 or 17 years of age, the person shall:
3.2.1 Seek a waiver of the 18 years of age requirement by completing a written application to the Department that includes showing good cause for taking the test early and designating where the test will be taken; and
3.2.2 Be a resident of Delaware; and
3.2.3 Verify that the person is at least 16 years of age at the time of the application for the waiver of the age requirement using a birth certificate, driver’s license, a State of Delaware Identification Card or other comparable and reliable documentation of age; and
3.2.4 Provide verification of withdrawal from the applicant’s public or nonpublic school program; and
3.2.5 Provide a transcript from the applicant’s public or nonpublic school program.
**History**
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *2 DE Reg. 375 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 862 (11/01/06)*
- *15 DE Reg. 1008 (01/01/12)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
##### **14 Del. Admin. Code § 910-4.0** Scores Required for a Delaware Secondary Credential {#sec-910-4.0 omnilex-key=us-de-regs-official--title-14--910-4.0}
An individual shall attain a minimum score of 145 on each subject test of the GED®.
**History**
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *2 DE Reg. 375 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 862 (11/01/06)*
- *15 DE Reg. 1008 (01/01/12)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
##### **14 Del. Admin. Code § 910-5.0** Assessment Approval Process {#sec-910-5.0 omnilex-key=us-de-regs-official--title-14--910-5.0}
5.1 The assessment provider must complete a Department-approved application. The application must include, at a minimum, all of the following:
5.1.1 Provider’s qualification and experience;
5.1.2 Assessment content and form;
5.1.3 Validation and norming processes;
5.1.4 Assessment delivery;
5.1.5 Technology processes;
5.1.6 Security provisions;
5.1.7 Accommodations processes;
5.1.8 Assessment scoring and reporting processes;
5.1.9 Assessment data access requirements;
5.1.10 Practice test and supplementary instructional materials;
5.1.11 Staff training;
5.1.12 Alignment with college and career readiness standards and Delaware accountability system; and
5.1.13 Cost and timeframe for implementation.
5.2 Completed applications shall be submitted to the Department.
5.3 The Department will evaluate the application based on the criteria in subsections 5.1.1 through 5.1.13.
**History**
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *2 DE Reg. 375 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 862 (11/01/06)*
- *15 DE Reg. 1008 (01/01/12)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
##### **14 Del. Admin. Code § 910-6.0** Currently Recognized Assessments and Publication {#sec-910-6.0 omnilex-key=us-de-regs-official--title-14--910-6.0}
The GED® Test has been approved and is currently the only Department-recognized secondary credential assessment.
**History**
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
- *2 DE Reg. 375 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 862 (11/01/06)*
- *15 DE Reg. 1008 (01/01/12)*
- *17 DE Reg. 724 (01/01/14)*
- *22 DE Reg. 944 (05/01/19)*
- *27 DE Reg. 520 (01/01/24)*
### **915** James H. Groves High School
##### **14 Del. Admin. Code § 915-1.0** Definitions {#sec-915-1.0 omnilex-key=us-de-regs-official--title-14--915-1.0}
The following words and terms, when used in this regulation, have the following meaning:
“Certificate of Educational Attainment” or “CEA3” means that the holder of the certificate has passed the designated assessments with the required scores in each sub test area and has written an approved Groves content area research paper.
“Department” means the Delaware Department of Education.
“Groves Leadership Team” means an advisory group composed of the Groves Center administrators, the Director of Adult and Prison Education Resources, a representative from the Groves student association and prison education teacher supervisors. The Associate Secretary, Student Supports shall be an ex officio member of the leadership team.
"In School Credit Program" means an alternative education program operated by the James H. Groves High School that provides an opportunity for students who are age 14 or older and enrolled in their local day school to attain credits needed to fulfill high school graduation requirements.
“James H Groves Center” or “Center” or “Centers” means the specific location in a school district, agency or organization where instruction is provided for the James H. Groves High School program.
“James H. Groves High School” or “Groves” means an adult high school established by the State of Delaware to provide the opportunity for adults and out of school youth to earn and obtain a high school diploma. The James H. Groves High School is a single school with multiple centers established and operated through a proposal application process. The James H. Groves High School is administered by the Delaware Department of Education.
“Sex Offender” means an offender convicted of offenses specified in 11 Del.C. §4121(a)(4).
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
##### **14 Del. Admin. Code § 915-2.0** Admission Criteria and Process {#sec-915-2.0 omnilex-key=us-de-regs-official--title-14--915-2.0}
2.1 The following individuals may enroll in the James H. Groves High School:
2.1.1 An adult 18 years of age and older, who resides in Delaware or is a resident of another state and is currently employed in Delaware and has been so employed for a minimum of 6 months prior to enrollment.
2.1.1.1 The applicant shall:
2.1.1.1.1 Submit an application on forms approved by the Department;
2.1.1.1.2 Qualify as meeting secondary level skills, as determined by the Department, on a standardized assessment or a review of high school credits attained.
2.1.2 Out of school youth 16 to 17 years of age, who have officially withdrawn from a day school and who have not been expelled or have an expulsion pending shall enroll under a waiver process.
2.1.2.1 To apply for an age waiver, the prospective student shall submit to the Groves Center administrator the following information:
2.1.2.1.1 A letter of request for admission with the rationale for granting a waiver;
2.1.2.1.2 A letter of recommendation from the high school of record;
2.1.2.1.3 Proof of exit from high school; and
2.1.2.1.4 Proof of age.
2.1.2.2 The prospective student seeking the age waiver shall be subject to the requirements in subsection 2.1.1.1.
2.1.2.3 The decision regarding admission shall be made by the Center administrator.
2.1.2.4 The names of all students receiving an age waiver shall be forwarded within 5 working days of approval by the Center administrator or designee to the Department’s Director of Adult and Prison Education Resources for reporting purposes.
2.2 High school students who are at least 14 years of age, have completed at least one semester of high school and enrolled for at least 1 credit in their high school of record may earn an unrestricted number of credits in the Groves In School Credit Program and still graduate from their high school of record.
2.2.1 To enroll in the In School Credit Program, students shall have the permission of their high school of record, their parent, guardian or relative caregiver and the Groves High School principal or designee.
2.2.2 All students enrolled in the Groves In School Credit Program shall be included in the September 30th unit count of their high school of record.
2.2.3 Students who withdraw from their high school of record and transfer to the Groves High School shall no longer be considered a student in the Groves In School Credit Program and shall be assessed the materials fee for that semester.
2.2.4 Students in the Groves In School Credit Program shall not receive instruction during the school’s regularly scheduled school day.
2.3 Individuals expelled or pending expulsion from a local school district or charter school shall not be enrolled in Groves High School during the period of expulsion or pending expulsion without a waiver from the Department. Individuals who enroll without a waiver shall lose credits earned during the expulsion period.
2.3.1 An applicant for an expulsion or pending expulsion waiver shall meet the following requirements:
2.3.1.1 Be 16 or 17 years of age;
2.3.1.2 Intend to graduate from the James H. Groves High School;
2.3.1.3 Be expelled or be pending expulsion for a nonviolent reason and not be a security threat;
2.3.1.4 Submit a letter of recommendation signed by the principal or designee of their high school of record;
2.3.1.5 Meet with the Department’s Director of Adult and Prison Education Resources or designee to orally present their case for entry into Groves. The decision regarding admission shall be made by the Director or designee; and
2.3.1.6 Meet the requirements in subsection 2.1.1.1.
2.4 An adult 18 years of age and older who is a registered Sex Offender and who resides in Delaware or is a resident of another state and is currently employed in Delaware and has been continuously employed in Delaware for a minimum of 6 months prior to enrollment shall:
2.4.1 Present a letter to the Groves Center administrator from a licensed counselor, psychologist or physician including a summary of past behavior and a statement that the individual does not pose a safety threat to students or staff. The letter shall be dated within 2 months prior to enrollment in the Groves Center.
2.4.2 An adult 18 years of age and older who is a registered Sex Offender may be enrolled in the Diploma-At-A-Distance without the letter described in subsection 2.4.1.
2.4.3 The names of all students that are registered Sex Offenders and enrolled in the James H. Groves Adult High School shall be reported to the Director of Adult and Prison Education Resources within 5 working days.
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
##### **14 Del. Admin. Code § 915-3.0** Acceptable Methods for Offering Units of Credit and Granting Units of Credit for the James H. Groves High School Diploma {#sec-915-3.0 omnilex-key=us-de-regs-official--title-14--915-3.0}
3.1 The Groves School is authorized to offer credit for the following methods or any combination of the following methods of accruing credit that were used prior to enrollment as well as while enrolled in the Groves program:
3.1.1 High school classroom courses;
3.1.2 Summer school courses offered through a district or charter school;
3.1.3 Groves classroom courses;
3.1.4 Distance learning courses;
3.1.5 Independent study courses;
3.1.6 Correspondence courses;
3.1.7 Courses completed through schools in foreign countries and evaluated in terms of content equivalent to the State’s high school graduation requirements;
3.1.8 Career technical courses and apprenticeship courses;
3.1.9 Higher education courses;
3.1.10 Internships designed to provide practical real-life experiences and based on the skills gained and the length of time of the experience;
3.1.11 Military experience based on military training and experience;
3.1.12 Employment or training experience based on the length of employment, the level of job responsibility and the scope of work;
3.1.13 Community service that recognizes the community life experiences of the student and encourages the student to assume civic responsibility. The emphasis is upon volunteer service within a non-profit or governmental agency given freely for the betterment of the community and other persons and is based on verification of length of service;
3.1.14 The knowledge assessments approved by the Groves Leadership Team for students to demonstrate their knowledge of course content; and
3.1.15 The Certificate of Educational Attainment (CEA 3) that may provide up to 10 units of credit toward graduation.
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
##### **14 Del. Admin. Code § 915-4.0** Attendance, Grading and Graduation Criteria {#sec-915-4.0 omnilex-key=us-de-regs-official--title-14--915-4.0}
4.1 A graduation plan shall be developed for each student enrolled in the James H. Groves High School by the Groves Administrator or the student’s designee.
4.2 Students enrolled in James H. Groves High School courses which have an attendance requirement, shall attend a minimum of 85% of the course hours to receive a unit of credit.
4.3 The grading system for the James H. Groves High School shall be based on a 10 point numeric scale. An alpha conversion chart to determine level of performance shall be:
4.3.1 Students receiving a grade of "A" (90 to 100) demonstrate superior understanding of the content and have demonstrated knowledge and competence at the highest level.
4.3.2 Students receiving a grade of "B" (80-89) demonstrate better than average understanding of the content and have demonstrated above average knowledge and competence.
4.3.3 Students receiving a grade of "C" (70-79) demonstrate average understanding of the content and have demonstrated knowledge and competence.
4.3.4 Students receiving a grade of "D" (60-69) demonstrate satisfactory understanding of the content and have demonstrated knowledge and competence.
4.3.5 No credit is awarded for grades less than 60.
4.4 Groves High School students shall be eligible to receive a State of Delaware diploma when they have met the State graduation requirements, pursuant to 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas, in effect at the time of their graduation, except as noted below:
4.4.1 Physical education is waived in lieu of another credit.
4.4.2 All course content shall be based on the State Content Standards. Notwithstanding the above, students enrolled in the James H. Groves High School shall successfully complete and receive credit for a minimum of 1 Groves course to receive a State of Delaware diploma.
4.4.3 The James H. Groves High School must offer at least 1 computer science course pursuant to 14 Del.C. §4139 and 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas.
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
##### **14 Del. Admin. Code § 915-5.0** Fees {#sec-915-5.0 omnilex-key=us-de-regs-official--title-14--915-5.0}
All fees for the James H. Groves High School shall be set by the Delaware Secretary of Education.
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
##### **14 Del. Admin. Code § 915-6.0** Students Rights and Responsibilities {#sec-915-6.0 omnilex-key=us-de-regs-official--title-14--915-6.0}
Students enrolled in each Center shall have such rights and be subject to such responsibilities as set forth in the James H. Groves Student Rights and Responsibilities document, and as such may be amended from time to time by the Department.
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
##### **14 Del. Admin. Code § 915-7.0** Establishing a Center {#sec-915-7.0 omnilex-key=us-de-regs-official--title-14--915-7.0}
7.1 A school district, agency or organization may seek to establish a James H. Groves Center for service delivery by following the process outlined below. No district, agency or organization shall have more than 1 Groves Center.
7.1.1 An affiliation shall be established with an existing Groves Center as a satellite site or obtain approval from the Groves Leadership Team to establish a pilot Center.
7.1.2 After a 2-year affiliation as a satellite Center of an existing Groves Center or 2-year success as a pilot Center, the Department may grant full Center status to the satellite site or the pilot Center.
7.1.2.1 A formal request for full Center status shall be made to the Department at the end of the first year as a satellite or pilot Center. The request shall include:
7.1.2.1.1 A needs assessment documenting program need for services in the district's adult community, potential population to be served, impact on existing Centers, and rationale for requesting a Groves Center;
7.1.2.1.2 A description of the district, agency or organization's experience and success in adult program delivery;
7.1.2.1.3 An explanation of the commitment to the Groves adult education program and assurances;
7.1.2.1.4 Budget requirements including in kind contributions;
7.1.2.1.5 Submission of an annual performance report; and
7.1.2.1.6 Submission of the State Evaluation Report completed in the tenth month of the first year.
7.1.3 The district agency or organization representatives shall meet with the Groves Leadership Team to review the Center request.
7.1.4 The Groves Leadership Team shall make a recommendation for Center status through the Department’s Director of Adult and Prison Education Resources to the Secretary of Education.
7.1.5 Approval or denial shall be communicated to the district, agency or organization by the Department within 60 days of the Center status application.
7.1.6 If approved, the Department shall apply for Center funding in the upcoming State budget cycle. If State funding is allocated for the additional Center, full Center status shall be given to the program provided the annual performance report and State Evaluation Report are satisfactory.
7.1.7 Appeal Process: In the event Center status is denied by the Department a hearing may be requested by the district, agency or organization. The hearing shall be conducted by the Secretary of Education or the Secretary’s designee.
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
##### **14 Del. Admin. Code § 915-8.0** Closing a Center {#sec-915-8.0 omnilex-key=us-de-regs-official--title-14--915-8.0}
8.1 Voluntary Closing: A school district, agency or organization shall close a James H. Groves Center in their service delivery area by following the process outlined below. For a voluntary closing, a school district, agency or organization shall announce by November its intention to discontinue service at the end of the fiscal year. The following steps shall be followed:
8.1.1 Within 2 months of closing, the district, agency or organization shall:
8.1.1.1 Notify all current students of the Center closing and provide them with information to transfer to another Center. Records of active students shall be sent to the new Center;
8.1.1.2 Provide all current and past student and administrative records to the Department;
8.1.1.3 Send all equipment purchased for the Center to the Department or to the designated Centers for redistribution; and
8.1.1.4 Return unspent funds to the Department.
8.1.2 District, agency or organization representatives shall meet with the Groves Leadership Team at the monthly meetings to implement a smooth closing.
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
##### **14 Del. Admin. Code § 915-9.0** Non-Voluntary Closing {#sec-915-9.0 omnilex-key=us-de-regs-official--title-14--915-9.0}
9.1 A non-voluntary closing shall be made by the Secretary of Education when:
9.1.1 There is insufficient enrollment or graduates to sustain a Center; or
9.1.2 The Center does not follow the policies, procedures, rules, regulations, or instructional program set forth for the James H. Groves High School; or
9.1.3 The Secretary of Education determines the Center is not providing a quality instructional program to the students at that Center.
9.2 The Secretary of Education shall provide notice to the school district, agency, or organization of the closing by November giving 8 months to close the Center.
9.2.1 Within 2 months of closing, the district, agency, or organization shall:
9.2.1.1 Notify all current students of the Center closing and provide them with information to transfer to another Center.
9.2.1.2 Provide all current and past student and administrative records to the Department;
9.2.1.3 Send all equipment purchased for the Center to the Department or to the designated Centers for redistribution; and
9.2.1.4 Return unspent funds to the Department.
9.3 The District, agency or organization representatives shall meet with the James H. Groves Leadership Team at the monthly meetings to implement a smooth closing.
**History**
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 940 (05/01/23)*
- *10 DE Reg. 988 (12/01/06)*
- *24 DE Reg. 1060 (06/01/21)*
- *2 DE Reg. 378 (09/01/98)*
- *5 DE Reg. 1285 (12/01/01)*
- *10 DE Reg. 988 (12/01/06)*
- *12 DE Reg. 63 (07/01/08)*
- *18 DE Reg. 561 (01/01/15)*
- *22 DE Reg. 587 (01/01/19)*
- *24 DE Reg. 1060 (06/01/21)*
- *26 DE Reg. 102 (08/01/22)*
- *26 DE Reg. 940 (05/01/23)*
### **917** Accelerated Academic Programs
##### **14 Del. Admin. Code § 917-1.0** Definitions {#sec-917-1.0 omnilex-key=us-de-regs-official--title-14--917-1.0}
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
“Academic work” means work in the areas of writing, reading, science, math, or engineering, or work in other areas (including history, social studies and visual and/or performing arts) that specifically incorporates one of those academic areas.
“Accelerated academic work” shall have the same meaning as “advanced academic work.”
“Advanced academic work” means academic work that would meet the content standard dictated by 14 DE Admin. Code 501 or its successor at least one semester earlier than anticipated by the standard. For example, a course targeted at having students meet content standards in academic work by the middle of their school year which they otherwise would not be expected to meet until the end of their school year would consist of advanced academic work.
**History**
- *17 DE Reg. 427 (10/01/13)*
- *23 DE Reg. 301 (10/01/19)*
##### **14 Del. Admin. Code § 917-2.0** Applications for Accelerated Academic Program Grants {#sec-917-2.0 omnilex-key=us-de-regs-official--title-14--917-2.0}
2.1 By August 1 of each calendar year, the Department of Education shall determine if the state has allocated funds for grants under this regulation and 14 Del.C. §3113. If such grants have been allocated, the Department shall ensure that applications for such grants are delivered by September 1 of the same calendar year to each public school in the state.
2.2 Applications for grants under this regulation shall be due by October 1 of each calendar year, and decisions regarding grants shall be made by November 1 of each calendar year.
2.3 All decisions regarding the awarding of grants shall be made according the numeric scoring rubric outlined in Section 3.0 of this regulation, and the scoring sheets used to determine grantees shall be preserved and considered public information.
2.4 Grants under this regulation and 14 Del.C. §3113 shall be for a one-year period. Absent some affirmative showing by the Department as to why a grant awarded under this regulation should not be renewed, it will be renewed for a second year to a recipient that complies with the conditions of the grant. Grants under this regulation shall not be awarded for more than two years.
2.5 Only programs that offer educational services specifically targeted at students who are capable of performing advanced academic work may receive grants under this regulation and 14 Del.C. §3113. Proposed programs may include programming in areas that are not academic work as defined by this regulation provided that the stated purpose of the program and effect of its curriculum is improved student performance in academic work.
2.6 Only programs that propose a method for assessing the impact of the proposed program on participating students’ academic growth may receive grants under this regulation and 14 Del.C. §3113.
2.7 Proposed programs that do not meet the requirements of subsection 2.5 and 2.6 cannot receive grant funds and will not be scored under the rubric established by Section 3.0.
2.8 Grants under this regulation and 14 Del.C. §3113 are limited to new programs and existing programs whose funding sources are expiring. Grants shall not be awarded to supplant existing funds for current programs. Any proposal for an existing program to receive funds must specify the existing funding source for the program, specify the reason that the existing funding source is expiring, and explain why the proposed grant would not be supplanting existing funds.
**History**
- *17 DE Reg. 427 (10/01/13)*
- *23 DE Reg. 301 (10/01/19)*
##### **14 Del. Admin. Code § 917-3.0** Scoring of Applications {#sec-917-3.0 omnilex-key=us-de-regs-official--title-14--917-3.0}
All applications for grants under this regulation shall receive a specific numerical score from the panel of persons assigned by the Department to rate the applications. Those programs receiving the top possible scores shall receive grants to the extent that funds are available. Scoring shall be done on formal score sheets.
3.1 Quality of proposed curriculum (zero to 20 points). What is the proposed curriculum for the program, from what sources is the curriculum derived, and how likely is it to enable students to learn the advanced academic work that is the subject of the proposed program? A proposed program that is not based upon a reliable source and is not likely to enable students to learn the advanced academic work that is the subject of the proposed program should receive zero points under this measure. A proposed program that is based upon a reliable source but does not adequately explain how that curriculum will enable students to learn the advanced academic work that is the subject of the proposed program should receive five points under this measure. A proposed program that is based upon a reliable source and adequately explains how that curriculum will enable students to learn the advanced academic work that is the subject of the proposed program should receive fifteen points under this measure. The Department shall have the discretion to award up to five additional points for proposed curriculums that have exceptional features which the Department can articulate.
3.2 Qualifications of instructors (zero to 20 points). Who are the persons who will teach the proposed curriculum, what is their experience generally and specifically with respect to teaching material similar to the proposed curriculum, are there any objective criteria that qualify them as outstanding instructors? A proposed program that offers no specific information regarding the instructors who will teach students in the proposed program should receive zero points under this measure. A proposed program that demonstrates subject matter expertise among the teachers for the proposed program that is directly aligned with the subject matter of the program should receive ten points under this measure. A proposed program that demonstrates both subject matter expertise and additional indicia of high teacher quality, which may include licensures, certifications, recommendations, accreditations, or other equivalent criteria, should receive fifteen points under this measure. The Department shall have the discretion to award up to five additional points for proposed programs that will use instructors who demonstrate extraordinary credentials or qualifications which the Department can articulate.
3.3 Integration with existing school programs (zero to 8 points). How will this new program be integrated with the existing programming at the school, both to ensure that the program is logistically feasible and to ensure that participating students are able to participate in other school activities outside the program? A proposed program that does not demonstrate how it will be integrated with existing school programming should receive zero points under this measure. A proposed program that demonstrates that it is logistically coordinated with other activities occurring within the school where the program is sited should receive four points under this measure. A proposed program that demonstrates that its curriculum is integrated in a substantive way with other school activities which are available to participating students should receive eight points under this measure.
3.4 Sustainability (zero to 8 points). Has the applicant described how it will sustain the proposed program after the requested grant expires in one to two years, either by showing how the program can be sustained with existing state and local funds or by identifying the funding sources that will be used to sustain the program? A program that does not identify how it will be sustained should receive zero points under this measure. A program that provides information and/or commitments making it likely that the program can be sustained after expiration of the requested grant should receive four points under this measure. A program that provides information and/or commitments providing a high level of certainty that the program can be sustained after expiration of the requested grant should receive eight points under this measure.
3.5 Transportation issues (zero to 8 points). Is the program offered during the normal school day where bus transportation is available, and if not, how does the program propose to provide transportation to participating students? If the program is not offered during the normal school day and does not propose to provide transportation to participating students, the program should receive zero points under this measure. If the program is either (a) offered during the normal school day or (b) specifies how it will provide transportation for participating students, the program should receive eight points under this measure.
3.6 Incorporation of successful program designs (zero to 8 points). Does the proposed program incorporate elements of existing programs targeted at students capable of doing advanced academic work, or adequately explain why it has considered existing models and decided to use a different model? If the proposed program does not incorporate elements of any existing programs and fails to indicate why it has examined existing programs targeted at students capable of doing advanced academic work and elected to choose a different design, the proposed program should receive zero points under this measure. If the proposed program does not incorporate elements of any existing programs but satisfactorily explains its decision, after examining existing programs, to not incorporate elements of those programs, the proposed program should receive four points under this measure. If the proposed program specifically incorporates elements of existing programs, it should receive eight points under this measure.
3.7 Efficiency of spending (zero to 6 points). Does the proposed program target the maximum possible percentage of its funds on activities that will directly impact students? Professional development and program assessment are considered activities that will directly impact students. If the proposed program does not address the degree to which the funds it requests will be dedicated to activities that directly impact students, the program should receive zero points under this measure. If the proposed program demonstrates that more than 85% of the requested funds will be dedicated to activities that directly impact students (which include professional development, purchase of books and supplies, and program assessment), the proposed program should receive three points under this measure. If the proposed program demonstrates that more than 95% of the requested funds will be dedicated to activities that directly impact students (which include professional development, purchase of books and supplies, and program assessment), the proposed program should receive six points under this measure.
3.8 Encouragement of participation by students from diverse backgrounds (zero to 8 points). Does the proposed program encourage students from diverse backgrounds, including students with disabilities, low-income students, African-American students, and ESL students, to participate in the program provided that they are capable of doing advanced academic work? To the extent that accommodations are needed for students with disabilities who are otherwise capable of doing advanced academic work, does the proposed program provide for such accommodations? A proposed program that does not specifically describe any efforts that will be made to encourage participation by students from diverse backgrounds should receive zero points under this measure. A proposed program that proposes credible steps that will be taken to encourage participation by students from diverse backgrounds should receive four points under this measure. A proposed program that proposes credible steps that will be taken to encourage participation by students from diverse backgrounds and demonstrates advance consideration of accommodating otherwise-qualified students with disabilities should receive eight points under this measure.
3.9 Identification of eligible students (zero to 8 points). Does the proposed program have a transparent, reliable, fair, and robust method to determine which students are eligible to participate? A proposed program that does not specify the means by which students will be determined to be eligible for the program should receive zero points under this measure. A proposed program that specifies a single, reliable method for determining eligibility for the proposed program, tied specifically to the proposed curriculum, should receive four points under this measure. A proposed program that demonstrates multiple reliable methods for determining eligibility for the proposed program, tied specifically to the proposed curriculum, should receive eight points under this measure.
3.10 Program evaluation (zero to 6 points). How reliable and accurate is the program evaluation component of the applicant's proposal? A program that proposes a single, reliable method for evaluating the success of the proposed program after students have completed the program should receive three points under this measure. A proposed program that proposes multiple reliable methods for evaluating the success of the proposed program after students have completed the program should receive six points under this measure.
**History**
- *17 DE Reg. 427 (10/01/13)*
- *23 DE Reg. 301 (10/01/19)*
### **920** Educational Programs for English Learners (ELs)
##### **14 Del. Admin. Code § 920** Educational Programs for English Learners (ELs) {#sec-920 omnilex-key=us-de-regs-official--title-14--920}
This regulation shall apply to any district or charter school applying for or receiving funds to provide services or programs for English Learners (ELs).
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
##### **14 Del. Admin. Code § 920-1.0** Definitions {#sec-920-1.0 omnilex-key=us-de-regs-official--title-14--920-1.0}
The following words and terms, when used in this regulation shall have the following meaning unless the context clearly indicates otherwise:
“ACCESS” means a suite of secure, large-scale, summative English language proficiency assessments.
“Department” means the Delaware Department of Education.
“English Learners” or “ELs” means individuals who, among other things, have English language speaking, reading, writing, or understanding difficulties sufficient to deny the individual the ability to meet challenging state academic standards as defined using Delaware’s standardized entrance and exit procedures.
“ESSA Plan” means a document that reflects the goals of the Delaware education system that are in compliance with applicable federal requirements outlined in the Elementary and Secondary Education Act (ESEA) of 1965, reauthorized in December 2015 as the Every Student Succeeds Act (ESSA).
“Home Language Survey” means a questionnaire that is given to a student’s parent, guardian or relative caregiver to help schools and local education agencies identify students who are potential ELs, and who will require assessment of their English language proficiency to determine whether they are eligible for a LIEP.
“Language Instruction Education Program” or “LIEP” means an instruction course: (1) in which an English learner is placed for the purpose of developing and attaining English proficiency while meeting challenging State academic standards; and (2) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language.
“WIDA English Language Development Standards” means the social, instructional, and academic language that students need to engage with peers, educators, and the curriculum in schools.
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
##### **14 Del. Admin. Code § 920-2.0** Home Language Survey {#sec-920-2.0 omnilex-key=us-de-regs-official--title-14--920-2.0}
2.1 A state standardized home language survey or the questions contained in the survey shall be administered as part of the registration process for all registering students and shall elicit from the student's parent, guardian or relative caregiver the student's first acquired language and the language or languages spoken in the student's home or by the student.
2.2 For any student whom a language other than English is reported on the home language survey, the school or district shall follow Delaware’s statewide entrance criteria as outlined in Delaware’s approved ESSA Plan and further described in Delaware’s English Learner Guidebook. When appropriate, an initial screening assessment of English language proficiency shall be conducted as soon as practicable, but not later than twenty-five (25) school days after enrollment and shall be conducted by qualified personnel trained in the administration of the assessment instrument.
2.2.1 The English language proficiency screening assessment shall be based on the WIDA English Language Development Standards. The assessment shall be validated for this purpose and approved by the Department for use statewide.
2.2.2 Any student who achieves a score on the English language proficiency screening assessment that is lower than the eligibility cut off score established by the Department shall be identified as an EL and shall be entitled to a program of instruction for ELs.
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
##### **14 Del. Admin. Code § 920-3.0** Programs of Instruction for ELs {#sec-920-3.0 omnilex-key=us-de-regs-official--title-14--920-3.0}
3.1 Programs of instruction for ELs shall include formal instruction to increase English language proficiency and instruction in academic subjects which is designed to provide ELs with access to the regular curriculum. All instruction for ELs must be aligned to the WIDA English Language Development Standards as adopted by the State Board of Education. In selecting programs, each district or charter school shall choose programs that have been demonstrated to be effective in the education of ELs.
3.2 Programs shall be implemented consistent with the goal of prompt acquisition of full English proficiency. Programs shall include instruction in academic subjects which is equivalent in scope to the instruction that is provided to students who are not ELs.
3.3 Instruction shall be delivered by individuals who meet Department licensure and certification requirements and who are trained in the delivery of instruction to ELs.
3.4 The student’s parent, guardian or relative caregiver has a right to refuse placement of their child or children in a LIEP, and also has the right to withdraw an identified student from either program. Parents, guardians or relative caregivers of eligible students who refuse placement of their student in either program or withdraw students from either program shall do so in writing.
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
##### **14 Del. Admin. Code § 920-4.0** English Language Proficiency Assessment {#sec-920-4.0 omnilex-key=us-de-regs-official--title-14--920-4.0}
4.1 Every student identified as an EL will be administered the ACCESS English language proficiency assessment annually.
4.2 Any student who achieves a score on the annual ACCESS English language proficiency assessment that is higher than the eligibility cut off score established by the Department shall be reclassified as fully English proficient.
4.2.1 For at least two school years following the reclassification, the district or charter school shall monitor the academic performance of the student. Students who experience academic difficulty in the regular classroom during the transition period shall, based on further assessment, reenter a LIEP or shall be provided with additional instructional services as necessary and appropriate.
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
##### **14 Del. Admin. Code § 920-5.0** Annual Evaluation {#sec-920-5.0 omnilex-key=us-de-regs-official--title-14--920-5.0}
Each district and charter school with ELs shall annually evaluate its program and make programmatic changes as necessary.
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
##### **14 Del. Admin. Code § 920-6.0** Data and Information Required {#sec-920-6.0 omnilex-key=us-de-regs-official--title-14--920-6.0}
Each district and charter school shall enter such data and information concerning ELs as instructed by the Department and as otherwise required by the Department into the statewide database.
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
##### **14 Del. Admin. Code § 920-7.0** Communication {#sec-920-7.0 omnilex-key=us-de-regs-official--title-14--920-7.0}
Each district and charter school shall ensure that communication with parents, guardians and relative caregivers, including notices of eligibility for programs for ELs, notices about the student's educational performance and progress in such programs, and school information that is made available to other parents, guardians and relative caregivers shall be provided in English or in a language the parent, guardian or relative caregiver can understand.
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
##### **14 Del. Admin. Code § 920-8.0** Inclusion in Delaware System of Student Assessments {#sec-920-8.0 omnilex-key=us-de-regs-official--title-14--920-8.0}
ELs and students reclassified as fully English proficient shall be included in the Delaware System of Student Assessments (DeSSA) as provided for in the Department’s Accessibility Guidelines for the Delaware System of Student Assessments, or any amended version thereafter.
**History**
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *9 DE Reg. 398 (09/01/05)*
- *23 DE Reg. 653 (02/01/20)*
- *4 DE Reg. 467 (09/01/00)*
- *9 DE Reg. 398 (09/01/05)*
- *14 DE Reg. 103 (08/01/10)*
- *23 DE Reg. 653 (02/01/20)*
### **922** Children with Disabilities Subpart A, Purposes and Definitions
##### **14 Del. Admin. Code § 922** Children with Disabilities Subpart A, Purposes and Definitions {#sec-922 omnilex-key=us-de-regs-official--title-14--922}
Non-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 U.S.C. §1407(a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
**History**
- *24 DE Reg. 671 (01/01/21)*
- *10 DE Reg. 1816 (06/01/07)*
- *24 DE Reg. 671 (01/01/21)*
- *28 DE Reg. 727 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *28 DE Reg. 727 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1053 (04/01/11)*
- *15 DE Reg. 339 (09/01/11)*
- *20 DE Reg. 116 (08/01/16)*
- *24 DE Reg. 671 (01/01/21)*
- *26 DE Reg. 841 (04/01/23)*
- *28 DE Reg. 727 (04/01/25)*
##### **14 Del. Admin. Code § 922-1.0** Purposes {#sec-922-1.0 omnilex-key=us-de-regs-official--title-14--922-1.0}
1.1 Regulations 922 to 929 (14 DE Admin. Code 922 to 929) implement, complement, and supplement the Individuals with Disabilities Education Act, as amended (20 U.S.C. 1400 et seq.), its implementing regulations (34 CFR part 300), and 14 Del.C. Ch. 31 (except for Subchapter IV).
1.2 Regulations 922 through 929 are designed and intended to ensure compliance with state and federal laws concerning the education of children with disabilities.
1.3 To the extent these regulations conflict with the federal regulations implementing Part B of the Individuals with Disabilities Education Act, the federal regulations shall prevail. Further, the purposes of these regulations are:
1.3.1 To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
1.3.2 To ensure that the rights of children with disabilities and their parents are protected;
1.3.3 To assist local educational agencies, educational service agencies, and public agencies to provide for the education of all children with disabilities; and
1.3.4 To assess and ensure the effectiveness of efforts to educate children with disabilities.
(Authority: 20 U.S.C. 1400(d); 14 Del.C. §3110)
**History**
- *24 DE Reg. 671 (01/01/21)*
- *10 DE Reg. 1816 (06/01/07)*
- *24 DE Reg. 671 (01/01/21)*
- *28 DE Reg. 727 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *28 DE Reg. 727 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1053 (04/01/11)*
- *15 DE Reg. 339 (09/01/11)*
- *20 DE Reg. 116 (08/01/16)*
- *24 DE Reg. 671 (01/01/21)*
- *26 DE Reg. 841 (04/01/23)*
- *28 DE Reg. 727 (04/01/25)*
##### **14 Del. Admin. Code § 922-2.0** Applicability of These Regulations to State and Local Agencies {#sec-922-2.0 omnilex-key=us-de-regs-official--title-14--922-2.0}
2.1 These regulations apply to the State of Delaware as a recipient of payments under Part B of the Individuals with Disabilities Education Act, as amended.
2.2 Public agencies within the State of Delaware. The provisions of these regulations apply to all political subdivisions of the State of Delaware that are involved in the education of children with disabilities, including:
2.2.1 The Delaware Department of Education.
2.2.2 Local educational agencies (“LEAs”), educational service agencies (“ESAs”), and public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA.
2.2.3 Any other State agency or school involved in the education of children with disabilities, including the Delaware School for the Deaf, the Delaware Autism Program, the Department of Services for Children, Youth and Their Families, and its divisions, programs, or schools, and the Department of Health and Social Services, and its divisions, units, or programs.
2.2.4 Any juvenile or adult correctional facility involved in the education of children with disabilities, including facilities operated by the Department of Services for Children, Youth and Their Families and its divisions, and the Department of Corrections (through "the Prison Education Program") and are binding on each public agency in Delaware that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Act.
2.2.5 Private Schools and Facilities: Each public agency in the State of Delaware is responsible for ensuring that the rights and protections under Part B of the Act are given to children with disabilities referred to or placed in private schools and facilities by that public agency; or placed in private schools by their parents under the provisions of 14 DE Admin. Code 923.48.0.
(Authority: 20 U.S.C. 1412; 14 Del.C. §3110)
**History**
- *24 DE Reg. 671 (01/01/21)*
- *10 DE Reg. 1816 (06/01/07)*
- *24 DE Reg. 671 (01/01/21)*
- *28 DE Reg. 727 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *28 DE Reg. 727 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1053 (04/01/11)*
- *15 DE Reg. 339 (09/01/11)*
- *20 DE Reg. 116 (08/01/16)*
- *24 DE Reg. 671 (01/01/21)*
- *26 DE Reg. 841 (04/01/23)*
- *28 DE Reg. 727 (04/01/25)*
##### **14 Del. Admin. Code § 922-3.0** Definitions Applicable to Regulations 922 to 929: {#sec-922-3.0 omnilex-key=us-de-regs-official--title-14--922-3.0}
“Act” means the Individuals with Disabilities Education Act, as amended.
(Authority: 20 U.S.C. 1400(a); 14 Del.C. §3110)
"Adverse Effect on Educational Performance" means a significant and consistent negative influence of the disability on the student's educational performance, as evidenced by their skills in the academic, developmental, or functional domains (e.g. literacy, mathematics, adaptive skills, mobility, pre-vocational and vocational skills, behavior, social and emotional adaptation, self-help skills, and communication).
(Authority: 14 Del.C. §3110)
“Assistive Technology Device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.
(Authority: 20 U.S.C. 1401(1); 14 Del.C. §3110)
“Assistive Technology Service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:
The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
Training or technical assistance for a child with a disability or, if appropriate, that child's family; and
Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.
(Authority: 20 U.S.C. 1401(2); 14 Del.C. §3110)
“Charter School” means the same as the term in section 5210(1) of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. 6301 et seq. (ESEA).
(Authority: 20 U.S.C.7221i(1); 14 Del.C. §§3110 and 505(a))
“Child” or “Student” means a person between birth and August 31st of the school year in which the person turns 22.
(Authority: 20 U.S.C. § 1412(a)(1); 14 Del.C. §3110)
“Child with a Disability” means a child or student evaluated in accordance with 14 DE Admin. Code 925, Sections 4.0 through 6.0 and determined to be eligible for 1 or more of the following educational classifications: Autism, Developmental Delay, Deaf-Blind (also referred to as “Dual Sensory Impairment”), Emotional Disability, Hearing Impairment (also referred to as “deaf” or “hard of hearing”), Specific Learning Disability, Intellectual Disability, Orthopedic Impairment, Other Health Impairment, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment Including Blindness, and who, by reason thereof, needs special education and related services.
A child will not be considered a child with a disability under these regulations if it is determined, through an appropriate evaluation under 14 DE Admin. Code 925, Sections 4.0 through 6.0, that a child is eligible for an educational classification, but only needs a related service and not special education. If, consistent with the definition of Special Education in this section, the related service required by the child is considered special education rather than a related service, the child would be determined to be a child with a disability.
(Authority: 20 U.S.C. 1401; 14 Del.C. §3110)
“Consent” means that the parent has been fully informed of all information relevant to the activity for which consent is sought, in their native language, or other mode of communication; the parent understands and agrees in writing to the carrying out of the activity for which their consent is sought; the consent describes that activity and lists the records (if any) that will be released and to whom; and the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). If the parent revokes consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.
(Authority: 20 U.S.C. 1414(a)(1)(D); 14 Del.C. §3110)
“Core Academic Subjects” means English, reading or language arts, mathematics, science, world languages, civics and government, economics, arts, history, and geography.
(Authority: 20 U.S.C. 1401(4); 14 Del.C. §3110)
“Day” means calendar day unless otherwise indicated as business day or school day.
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
“Business Day” means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day).
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
“School Day” means any day, including a partial day that children are in attendance at school for instructional purposes. School day has the same meaning for all children in school, including children with and without disabilities.
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
“Department of Education” or “DOE” means the Delaware Department of Education.
"Educational Classification" means 1 of the 12 disability categories under which children may be eligible for special education and related services in Delaware.
(Authority: 14 Del.C. §3110)
“Educational Service Agency” or “ESA” means a regional public multi-service agency authorized by the State of Delaware to develop, manage, and provide services or programs to LEAs; and is recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State of Delaware. The term includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school and includes entities that meet the definition of intermediate educational unit in section 602(23) of the Act as in effect prior to June 4, 1997.
(Authority: 20 U.S.C. 1401(5); 14 Del.C. §3110)
“Elementary School” means a nonprofit institutional day or residential school (including a public elementary charter school) that provides elementary education, as determined under Delaware law.
(Authority: 20 U.S.C. 1401(6); 14 Del.C. §3110)
“Equipment” means machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.
(Authority: 20 U.S.C. 1401(7); 14 Del.C. §3110)
“ESEA” means the Elementary and Secondary Education Act of 1965 (20 U.S.C. §7801). It was reauthorized in 2015 as the Every Student Succeeds Act (ESSA).
“ESSA” means the Every Student Succeeds Act, which is the reauthorization of the Elementary and Secondary Education Act of 1965 (ESEA), 20 U.S.C. §6300 et seq.
“Evaluation” means procedures used in accordance with 14 DE Admin. Code 925, Sections 4.0 through 6.0 to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.
(Authority: 20 U.S.C. 1414(a) (c); 14 Del.C. §3110)
"Evaluation Summary Report" or "ESR" means a report that documents the IEP Team's review of data and discussion of the eligibility determination. A template can be provided by the Delaware Department of Education.
(Authority: 20 U.S.C. 1414(b)(4); 14 Del.C. §3110)
“Excess Costs” means those costs that are in excess of the average annual per-student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting amounts received under Part B of the Act; under Part A of Title I of the ESEA; under Parts A and B of Title III of the ESEA; and any State or local funds expended for programs that would qualify for assistance under any of the foregoing federal programs, but excluding any amounts for capital outlay or debt service.
(Authority: 20 U.S.C. 1401(8); 14 Del.C. §3110)
“Free Appropriate Public Education” or “FAPE” means special education and related services that: are provided at public expense, under public supervision and direction, and without charge; meet the standards of the DOE, including the requirements of these regulations; include an appropriate preschool, elementary school, or secondary school education in Delaware; are provided in conformity with an individualized education program (IEP) that meets the requirements of 14 DE Admin. Code 925, Sections 7.0 through 11.0; provide significant learning to the child with a disability; and confer meaningful benefit on the child with disability gauged to the child with a disability’s potential.
(Authority: 20 U.S.C. 1401(9); 14 Del.C. §3110)
"Homebound or Hospital Placement" means a special education setting where instruction is provided to a child with a disability in the home, hospital, or other non-school location as determined by the IEP Team. This placement could be the result of medical, disciplinary, or mental health needs.
(Authority: 20 U.S.C. 1401(29); 34 CFR § 300.39 (a) (1) (i))
“Homeless Children” means the same as the term homeless children and youths in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.
(Authority: 20 U.S.C. 1401(11); 14 Del.C. §3110)
“Include” or “Such As” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
“Individualized Education Program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with 14 DE Admin. Code 925, Sections 7.0 through 11.0.
(Authority: 20 U.S.C. 1401(14); 14 Del.C. §3110)
“Individualized Education Program Team” or “IEP Team” means a group of individuals responsible for developing, reviewing, or revising an IEP for a child with a disability.
(Authority: 20 U.S.C. 1414(d)(1)(B); 14 Del.C. §3110)
“Institution of Higher Education” means the same as the term in section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. 1021 et seq. (HEA); and also includes any community college receiving funds from the Secretary of the Interior under the Tribally Controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801, et seq.
(Authority: 20 U.S.C. 1401(17); 14 Del.C. §3110)
“Limited English Proficient” or “English Learner” means an individual who meets the following 4 requirements: (1) aged 3 until the end of the school year in which the student turns 22; (2) who is enrolled or preparing to enroll in an elementary school or secondary school; (3) who was not born in the United States or whose native language is a language other than English, who is a Native American or Alaska Native, or a native resident of the outlying areas, and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency, or who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (4) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the State’s proficient level of achievement on State assessments; the ability to successfully achieve in classrooms where the language of instruction is English; or the opportunity to participate fully in society.
(Authority: 20 U.S.C. 1401(18); 14 Del.C. §3110)
“Local Educational Agency” or “LEA” means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency, as defined in this section, and any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
(Authority: 20 U.S.C. 1401(19); 14 Del.C. §3110)
"Multi-Tiered System of Support" or "MTSS" means a framework that is designed to meet the needs of the whole child through an integrated multi-level prevention system that optimizes team-based leadership and data-driven decision-making to meet the academic and nonacademic needs of all students. High quality core academic instruction and nonacademic practices are provided as universal supports to all children. Evidence-based intervention and supports are matched to student needs and informed by ongoing progress monitoring and additional formative assessments.
“Native Language” means, when used with respect to an individual who is limited English proficient, the language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except that when used in reference to direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, “native language” means the mode of communication that is normally used by the individual (such as sign language, Braille, or oral communication).
(Authority: 20 U.S.C.1401(20); 14 Del.C. §3110)
“Parent” means a biological or adoptive parent of a child; a guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives and for whom a Relative Caregiver’s School Authorization executed in compliance with 14 Del.C. §202(f)(1) is on file; an individual who is otherwise legally responsible for the child's welfare; or a surrogate parent who has been appointed in accordance with 14 DE Admin. Code 926, Section 19.0 or section 639(a)(5) of the Act.
The biological or adoptive parent, when attempting to act as the parent under these regulations, and when more than 1 party is qualified under this definition to act as a parent, shall be presumed to be the parent for purposes of this definition unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
If a judicial decree or order identifies a specific person or persons to act as the parent of a child, or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the parent for purposes of this definition.
(Authority: 20 U.S.C. 1401(23); 14 Del.C. §3110)
“Parent Training and Information Center” means a center assisted under sections 671 or 672 of the Act, and includes the Parent Information Center of Delaware, Inc.
(Authority: 20 U.S.C. 1401(25); 14 Del.C. §3110)
“Personally Identifiable” means information that contains the name of the child, the child's parent, or other family member; the address of the child; a personal identifier (such as the child's social security number or student number); or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
(Authority: 20 U.S.C. 1415(a); 14 Del.C. §3110)
"Print Disability" means a child who is identified with a disability and receiving special education services who requires instructional materials in accessible format. This is not a unique eligibility classification as referred to under 14 DE Admin. Code 925, subsections 6.6 through 6.17.
(Authority: 20 U.S.C §1140K)
“Public Agency” means the Department of Education, LEAs, ESAs, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.
(Authority: 20 U.S.C. 1412(a)(11); 14 Del.C. §3110)
“Related Services” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.
Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device, or the replacement of that device. However, nothing in this exception limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in the preceding paragraph) that are determined by the IEP Team to be necessary for the child to receive FAPE; or limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required in 14 DE Admin. Code 923, subsection 13.2.
Definitions of Related Services Terms: The specific related services terms used in this definition are defined as follows:
“Audiology” includes the identification of children with hearing loss, and determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation; creation and administration of programs for prevention of hearing loss; counseling and guidance of children, parents, and teachers regarding hearing loss; and determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.
“Counseling Services” includes services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.
“Early Identification and Assessment of Disabilities in Children” means the implementation of a formal plan for identifying a disability as early as possible in a child's life.
“Interpreting Services” means the following when used with respect to children who are deaf or hard of hearing: Oral transliteration services; cued language transliteration services; sign language transliteration and interpreting services and transcription services such as communication access real time translation (CART), C Print, and Type Well; and special interpreting services for children who are deaf-blind.
“Medical Services” includes services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.
“Occupational Therapy” means services provided by a qualified occupational therapist and includes: improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function.
“Orientation and Mobility Services” means services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and includes teaching children the following, as appropriate:
Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);
The use of a long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision;
To understand and use remaining vision and distance low vision aids; and
Other concepts, techniques, and tools.
“Parent Counseling and Training” means assisting parents in understanding the special needs of their child, providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.
“Physical Therapy” means services provided by a qualified physical therapist.
“Psychological Services” includes administering psychological and educational tests and other assessment procedures; interpreting assessment results; obtaining, integrating, and interpreting information about child behavior and conditions relating to learning; consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations; planning and managing a program of psychological services, including psychological counseling for children and parents; and assisting in developing positive behavioral intervention strategies.
“Recreation” includes assessment of leisure function, therapeutic recreation services, recreation programs in schools and community agencies, and leisure education.
“Rehabilitation Counseling Services” means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.
“School Health Services” and “School Nurse Services” means health services designed to enable a child with a disability to receive FAPE as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or another qualified person.
“Scientifically Based Research” means the same as the term defined in section 9101(37) of the ESEA.
(Authority: 20 U.S.C. 1411(e)(2)(C)(xi); 14 Del.C. §3110)
“Secondary School” means a nonprofit institutional day or residential school, (including a public secondary charter school) that provides secondary education, as determined under Delaware law, except that it does not include any education beyond grade 12.
(Authority: 20 U.S.C. 1401(27); 14 Del.C. §3110)
“Secretary” means the Secretary of Education of the Delaware Department of Education unless otherwise indicated in the text of these regulations.
(Authority: 14 Del.C. §3110)
“Services Plan” means a written statement that describes the special education and related services the LEA will provide to a parentally-placed child with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with 14 DE Admin. Code 923, Section 32.0, and is developed and implemented in accordance with 14 DE Admin. Code 923, Sections 37.0 through 39.0.
(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. §3110)
“Social Work Services” in schools includes preparing a social or developmental history on a child with a disability; group and individual counseling with the child and family; working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; mobilizing school and community resources to enable the child to learn as effectively as possible in their educational program; and assisting in developing positive behavioral intervention strategies.
“Special Education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, and instruction in physical education. Special education includes each of the following, if the services otherwise meet the requirements of this definition: Speech-language pathology services, travel training and vocational education.
“Speech Language Pathology Services” includes identifying children with speech or language impairments; diagnosis and appraisal of specific speech or language impairments; referral for medical or other professional attention necessary for the habilitation of speech or language impairments; provision of speech and language services for the habilitation or prevention of communicative impairments; and counseling and guidance of parents, children, and teachers regarding communicative impairments.
“Transportation” includes travel to and from school and between schools, travel in and around school buildings; and specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.
(Authority: 20 U.S.C. 1401(26); 14 Del.C. §3110)
Definitions of Special Education Terms: The specific terms used in the definition of special education are defined as follows:
“At No Cost” means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.
“Physical Education” means the development of physical and motor fitness, fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports) and includes special physical education, adapted physical education, movement education, and motor development.
“Specially Designed Instruction” means adapting, as appropriate to the needs of an eligible child under these regulations, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child's disability and to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.
“State” means the State of Delaware.
(Authority: 20 U.S.C. 1401(31); 14 Del.C. §3110)
“State Educational Agency” or “SEA” means the Delaware Department of Education.
(Authority: 20 U.S.C. 1401(32); 14 Del.C. §3110)
(Authority: 20 U.S.C. § 1412(a)(1))
“Supplementary Aids and Services” means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with 14 DE Admin. Code 923, Sections 14.0 through 16.0.
(Authority: 20 U.S.C. 1401(33); 14 Del.C. §3110)
"These Regulations" means 14 DE Admin. Code 922 through 929, Children with Disabilities, Subparts A through I unless the context clearly indicates otherwise.
(Authority: 14 Del.C. §3110)
“Transition Services” means a coordinated set of activities for a child with a disability that is designed to be within a results oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; and is based on the individual child's needs, taking into account the child's strengths, preferences, and interests.
Transition services include instruction, related services, community experiences, the development of employment and other post school adult living objectives and, if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.
(Authority: 20 U.S.C. 1401(34); 14 Del.C. §3110)
“Travel Training” means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live; and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).
“Universal Design” means the term in section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002.
(Authority: 20 U.S.C. 1401(35); 14 Del.C. §3110)
“Vocational Education” means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.
(Authority: 20 U.S.C. 1401(29); 14 Del.C. §3110)
“Ward of the State” means a child who, as determined by the state where the child resides, is a foster child, a ward of the state; or in the custody of a public child welfare agency, including, but not limited to, the Delaware Department of Services for Children, Youth, and Their Families.
(Authority: 20 U.S.C. 1401(36); 14 Del.C. §3110)
**History**
- *24 DE Reg. 671 (01/01/21)*
- *10 DE Reg. 1816 (06/01/07)*
- *24 DE Reg. 671 (01/01/21)*
- *28 DE Reg. 727 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *28 DE Reg. 727 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1053 (04/01/11)*
- *15 DE Reg. 339 (09/01/11)*
- *20 DE Reg. 116 (08/01/16)*
- *24 DE Reg. 671 (01/01/21)*
- *26 DE Reg. 841 (04/01/23)*
- *28 DE Reg. 727 (04/01/25)*
### **923** Children with Disabilities Subpart B General Duties and Eligibility of Agencies
##### **14 Del. Admin. Code § 923** Children with Disabilities Subpart B General Duties and Eligibility of Agencies {#sec-923 omnilex-key=us-de-regs-official--title-14--923}
Non-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 USC §14079(a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-1.0** Eligibility for Assistance and Free Appropriate Public Education (FAPE) Requirements {#sec-923-1.0 omnilex-key=us-de-regs-official--title-14--923-1.0}
1.1 Eligibility for assistance: To maintain eligibility for assistance under Part B of the Act, the DOE shall submit a plan that provides assurances to the Secretary of the U.S. Department of Education that the State has in effect policies and procedures to ensure that the State meets the conditions in subsection 1.2 through Section 75.0.
(Authority: 20 U.S.C. 1412(a); 14 Del.C. §3110)
1.2 Free appropriate public education: A free appropriate public education (FAPE) shall be available to all children with disabilities residing in Delaware beginning no later than the child’s third birthday, or an earlier age as otherwise provided in these regulations, until the receipt of a regular high school diploma or until August 31st of the school year in which the child attains the age of 22, whichever occurs first. FAPE shall also be available to children with disabilities who have been suspended or expelled from school, as provided for in this section and 14 DE Admin. Code 926, subsection 30.4.
1.2.1 Each public agency receiving funds under part of the Act, or receiving state funding for the education of children, shall ensure that FAPE is made available to each eligible child beginning no later than the child's third birthday, or an earlier age as otherwise provided in these regulations; and that an IEP is in effect for the child by that date, in accordance with 14 DE Admin. Code 925, subsection 10.1.
1.2.2 If a child's third birthday occurs during the summer, the child's IEP Team shall determine the date when services under the IEP will begin.
1.2.3 Children advancing from grade to grade: Each public agency shall ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade and is advancing from grade to grade.
1.2.4 The determination that a child described in subsection 1.1 is eligible under these regulations, shall be made on an individual basis by the group responsible within the child's LEA for making eligibility determinations.
(Authority: 20 U.S.C. 1412(a)(1)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-2.0** Limitation Exception to FAPE for Certain Ages {#sec-923-2.0 omnilex-key=us-de-regs-official--title-14--923-2.0}
2.1 General: The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:
2.1.1 Reserved
2.1.2 Reserved
2.1.3 Children with disabilities who have graduated from high school with a regular high school diploma.
2.1.3.1 The exception in subsection 2.1.3 does not apply to children who have graduated from high school but have not been awarded a regular high school diploma.
2.1.3.2 Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with 14 DE Admin. Code 926, Section 3.0.
2.1.3.3 As used in subsections 2.1.3, 2.1.3.1 and 2.1.3.2, the term regular high school diploma does not include an alternative degree that is not fully aligned with the State's academic standards, such as a certificate or a general educational development credential (GED).
2.1.4 Children with disabilities who are eligible under 34 CFR §§300.800 through 300.818 (preschool grants), but who receive early intervention services under Part C of the Act.
2.2 Documents relating to exceptions. The State shall assure that the information it has provided to the Secretary of the United States Department of Education regarding the exceptions in this section, as required by 34 CFR §300.700 (for purposes of making grants to States under these regulations), is current and accurate.
(Authority: 20 U.S.C. 1412(a)(1)(B)-(C); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-3.0** FAPE, Methods and Payments {#sec-923-3.0 omnilex-key=us-de-regs-official--title-14--923-3.0}
3.1 The State may use whatever State, local, Federal, and private sources of support are available to it to meet the requirements of these regulations. For example, if it is necessary to place a child with a disability in a residential facility, the State may use joint agreements between the agencies involved for sharing the cost of that placement.
3.2 Nothing in these regulations relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability.
3.3 Consistent with 14 DE Admin. Code 925, subsection 10.2, each public agency shall ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.
(Authority: 20 U.S.C. 1401(8), 1412(a)(1); 14 Del.C. §3110).
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-4.0** Residential Placement {#sec-923-4.0 omnilex-key=us-de-regs-official--title-14--923-4.0}
If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, shall be at no cost to the parents of the child.
(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(10)(B); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-5.0** Assistive Technology {#sec-923-5.0 omnilex-key=us-de-regs-official--title-14--923-5.0}
Each public agency shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in 14 DE Admin. Code 922, Section 3.0, are made available to a child with a disability if required as a part of the child's special education, related services, or supplementary aids and services. On a case-by-case basis, the use of school purchased assistive technology devices in a child's home or in other settings is required if the child's IEP Team determines that the child needs access to those devices in order to receive FAPE.
(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(B)(i); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-6.0** Extended School Year Services {#sec-923-6.0 omnilex-key=us-de-regs-official--title-14--923-6.0}
6.1 General: Each public agency shall ensure that extended school year services are available as necessary to provide FAPE, consistent with subsection 6.2.
6.2 Extended school year services shall be provided only if a child's IEP Team determines, on an individual basis, in accordance with 14 DE Admin. Code 925, Sections 7.0 through 11.0, that the services are necessary for the provision of FAPE to the child or are otherwise specifically authorized by statute.
6.3 In implementing the requirements of this section, a public agency may not limit extended school year services to particular categories of disability; or unilaterally limit the type, amount, or duration of those services.
6.4 Definition, as used in this section:
“Extended School Year Services” means special education and related services that are provided to a child with a disability beyond the normal school year of the public agency in accordance with the child's IEP and at no cost to the parents of the child; and meets the standards of the DOE.
6.5 Determining need for Extended School Year Services: Full consideration must be given to the educational needs of each child. The following factors are to be considered by the IEP Team in making a decision that, without extended school year services over the summer months, the child would not receive a free appropriate public education (FAPE) during the regular school year.
6.5.1 Degree of Impairment: The team should determine whether, without extended school year services, appropriate and meaningful progress on IEP goals and objectives will not be achieved, given the nature or severity of the child's disability.
6.5.2 Regression and recoupment: Regression refers to a decline in skills specified on the IEP which results from an interruption in programming. Recoupment period is the amount of time required to relearn the skills following the interruption. In deciding whether extended school year services are required, the team should consider that this criterion focuses on children who have a consistent pattern of substantial regression in critical skill areas and for whom the amount of time needed to relearn the skills becomes so significant as to preclude educational progress. The team may utilize predictive data for children in their initial year of programming.
6.5.3 Breakthrough opportunities: The team should determine whether, without extended school year services, the attainment of a nearly acquired critical skill would be significantly jeopardized over the summer break.
6.5.4 Vocational factor: For children ages 16-20 whose IEPs contain vocational or employment goals and objectives, the team should determine whether paid employment opportunities will be significantly jeopardized if training and job coaching are not provided during the summer break.
6.5.5 Other rare and unusual extenuating circumstances: The team should determine whether any special or extenuating circumstances exist which justify provision of extended school year services to meet FAPE requirements.
6.6 Extended school year services are to be based on needs and goals or objectives found within the child's IEP of the school year, though activities may be different.
6.7 Reading acquisition: Notwithstanding any contrary provision in this section, if a child is not beginning to read by age 7, or is beyond age 7 and not yet beginning to read, the team shall presumptively include extended year services in the IEP which incorporate evidence-based interventions that address the child’s inability to read. The parent may decline reading-based extended school year services. In addition, the team may decline to include such extended school year services in the IEP only if the team provides a specific explanation in the IEP why such services are inappropriate.
6.7.1 For purposes of this subsection, a child is beginning to read if the child demonstrates phonological awareness and ability to use letter sound knowledge and decode unknown words.
6.8 This regulation does not diminish a child's entitlement to participate, with or without accommodations, in summer school programs. Normally scheduled summer school programs may be an option for providing extended school year services if such programs can meet the individual needs of each child, as identified on the child’s IEP.
6.9 The decision of the setting for the delivery of extended school year services shall be an IEP Team decision. The team shall document that the Least Restrictive Environment (LRE) was considered in making a decision. Districts are not required to establish school programs for nondisabled children for the sole purpose of satisfying the LRE requirements for children receiving extended school year services.
6.10 Transportation shall be provided to children except for service provided in the home or hospital. Mileage reimbursement to the family may be used as a transportation option if the parent voluntarily transports the student.
6.11 Written notice shall be provided to parents advising them that the IEP Team shall document that extended school year services were considered and indicate the basis for a decision on the IEP. In cases where parents do not attend the IEP meeting, they would be advised of the decision on extended school year services through the usual IEP follow-up procedures used by the district.
6.12 In cases where parents do not agree with the decision on extended school year services, the use of normal procedural safeguards shall be followed. The process shall begin early enough to ensure settlement of the issue prior to the end of the school year.
Non-regulatory Note: LEAs are encouraged to complete this process by May 1 so that appropriate planning and preparation can occur.
(Authority: 20 U.S.C. 1412(a)(1); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-7.0** Non Academic Services; Transportation {#sec-923-7.0 omnilex-key=us-de-regs-official--title-14--923-7.0}
7.1 Each public agency shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.
7.2 Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.
7.3 Transportation: Transportation of all children to and from school shall be provided in accordance with 14 Del.C. Ch. 29.
7.3.1 When special transportation needs are identified in the IEP of a child with a disability, transportation shall be deemed a related service. Transportation provided to accommodate a related service shall be at the expense of the LEA or other public agency, including the costs of travel to and from school and between schools, and any required specialized equipment.
7.3.2 Transportation incidental to the educational program of a child with a disability shall not be at the expense of the public agency, including work study arrangements, cooperative work arrangements, and extracurricular activities.
7.3.3 Travel arrangements shall be made in consultation with the public agency’s transportation representative when unusual requirements are necessary for a child with a disability.
(Authority: 20 U.S.C. 1412(a)(1); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-8.0** Physical Education {#sec-923-8.0 omnilex-key=us-de-regs-official--title-14--923-8.0}
8.1 Each public agency shall comply with the following:
8.1.1 General: Physical education services, specially designed, if necessary, shall be made available to every child with a disability receiving FAPE, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.
8.1.2 Regular physical education: Each child with a disability shall be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless:
8.1.2.1 The child is enrolled full time in a separate facility; or the child needs specially designed physical education, as prescribed in the child's IEP.
8.1.3 Special physical education: If specially designed physical education is prescribed in the child’s IEP, the public agency responsible for the education of that child shall provide the services directly or make arrangements for those services to be provided through other public or private programs.
8.1.4 Education in separate facilities. The public agency responsible for the education of a child with a disability who is enrolled in a separate facility shall ensure that the child receives appropriate physical education services in compliance with this section.
(Authority: 20 U.S.C. 1412(a)(5)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-9.0** Full Educational Opportunity; Length of School Day; Compulsory School Attendance {#sec-923-9.0 omnilex-key=us-de-regs-official--title-14--923-9.0}
9.1 Full educational opportunity: Each public agency shall ensure full educational opportunity is offered to its eligible children with disabilities.
9.2 Length of school day: The minimum length of the instructional school day for a child with a disability in kindergarten through grade 12 shall be the same as it is for nondisabled children in those grades. The minimum length of the school day for disabled pre-kindergarten children shall approximate that of nondisabled pre-kindergarten children, except in a program for the hearing impaired in which the parent is involved in the educational program. In such a program, the school and the parent together shall determine the schedule for at least 5 hours per week of instruction. Provision of fewer hours of instructional time than required by these regulations is authorized only in unusual circumstances where a child is medically unable to endure the required length of school day, and then only by decision of the IEP Team after disclosure of the above standards to the child's parents, guardian, or Relative Caregiver.
9.3 Compulsory school attendance: Compulsory school attendance requirements shall be in accordance with 14 Del.C. §2702 and §705, and shall apply to children with disabilities between the ages of 5 and 16. Attendance of children with disabilities under or over the compulsory school attendance age range, as provided in 14 Del.C. §2702, shall be determined by the IEP Team and subject to the eligibility criteria and procedural safeguards provided in these regulations.
(Authority: 20 U.S.C. 1412(a)(2); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-10.0** Program Options; Vocational and Career Technical Programs and Services {#sec-923-10.0 omnilex-key=us-de-regs-official--title-14--923-10.0}
10.1 Each public agency shall ensure children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education. Each public agency shall provide assurances to the DOE it will assist in fulfilling the transitional service requirement of these regulations.
10.2 Vocational Education and Career Technical Programs and Services: Vocational and career technical programs and services shall be provided to children with disabilities as determined appropriate by each child’s IEP Team. Each public agency shall ensure the provision of a vocational and career technical program in the least restrictive environment permitting children with disabilities equal access to:
10.2.1 Recruitment, enrollment and placement activities and the full range of vocational programs available to all students including occupational specific courses of study, cooperative education, apprenticeship programs and to the extent practicable, comprehensive career guidance and counseling services.
10.2.2 Supplementary services to children with disabilities, including:
10.2.2.1 Codification of curriculum, equipment and facilities as needed;
10.2.2.2 Supportive personnel;
10.2.2.3 Instructional aids and devices;
10.2.2.4 Guidance, counseling and career development staff who are associated with the provision of such special services
10.2.2.5 Counseling services designed to facilitate the transition from school to post school employment and career opportunities;
10.2.2.6 Regular career technical programs with supportive services as identified by the IEP Team; and
10.2.2.7 Special education career technical programs.
10.2.3 An appropriate career technical education to children with disabilities, including access to Career Pathways, through the availability of a continuum of career technical education programs, including, but not limited to:
10.2.3.1 Regular career technical programs with no supportive services;
10.2.3.2 Regular career technical programs with supportive services as identified by the IEP Team;
10.2.3.3 Special education career technical programs;
10.2.3.4 Self-contained career technical programs; and
10.2.3.5 Community based job training programs.
(Authority: 20 U.S.C. 1412(a)(2), 1413(a)(1); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-11.0** Child Find and Identification of Eligible Individuals {#sec-923-11.0 omnilex-key=us-de-regs-official--title-14--923-11.0}
11.1 General
11.1.1 As used in these regulations, identification has 2 purposes: to identify those individuals who require special education; and to identify individuals who need general education interventions. Except as noted in subsection 11.1.2 regarding parentally placed private school children, each LEA and any other public agency responsible for the education of children with disabilities shall establish and implement ongoing evaluation procedures consistent with this section to identify, locate and evaluate all children residing within the confines of the LEA or other public agency, including children with disabilities who are homeless children or are wards of the State, regardless of the severity of their disability, and who are in need of special education and related services.
11.1.2 Exception: Each LEA or other public agency shall further establish and implement ongoing evaluation procedures consistent with this section to identify, locate and evaluate children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located within the school district served by the LEA in accordance with this section and Section 31.0 (Child Find for Parentally Placed Private School Children with Disabilities).
11.2 Children with developmental delay: The following provisions apply with respect to implementing the Child Find requirements of this section:
11.3 The definition of developmental delay adopted by the State under 14 DE Admin. Code 925, subsection 6.7 applies to children aged 3 through 9.
11.4 An LEA is not required to adopt and use the term developmental delay for children within its boundaries.
11.5 If an LEA uses the term developmental delay for children, the LEA shall conform to both the State's definition of that term and to the age range that has been adopted by the State (i.e., ages 3 through 9).
11.6 Other children in Child Find: Child Find also shall include children who are suspected of being a child with a disability as defined in 14 DE Admin. Code 922, Section 3.0 and in need of special education, even though they are advancing from grade to grade; and highly mobile children, including migrant children.
11.7 Health, hearing, vision and orthopedic screening shall be conducted as specified in 14 DE Admin. Code 815.
11.8 Rule of Construction. Nothing in these regulations requires that children be classified by their disability so long as each child who has a disability that is listed in 14 DE Admin. Code 922, Section 3.0 (in the definition of child with a disability) and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under Part B of the Act.
11.9 Problem Solving in General Education and Instructional Support Teams
11.9.1 Problem solving in general education classroom and instructional support teams: The identification and Child Find procedures required in Section 11.0, shall include a systematic problem-solving process to examine the nature and severity of an educationally related problem. These procedures shall primarily focus on variables related to developing effective educationally related interventions. Active parent participation is an integral aspect of the process and is solicited throughout. At a minimum, the process shall include:
11.9.1.1 Description of problem: The presenting problem or behavioral concern is described in objective, measurable terms that focus on alterable characteristics of the individual and the environment. The individual and environment are examined through systematic data collection. The presenting problem or behavioral concern are defined in a problem statement that describes the differences between the demands of the educational setting and the individual’s performance.
11.9.1.2 Data collection and problem analysis: A systematic, data-based process for examining all that is known about the presenting problem or behaviors of concern is used to identify interventions that have a high likelihood of success. Data collected on the presenting problem or behaviors of concern are used to plan and monitor interventions. Data collected are relevant to the presenting problem or behaviors of concern and are collected in multiple settings using multiple sources of information and multiple data collection methods. Data collection procedures are individually tailored, valid for the concern addressed, and reliable, and allow for frequent and repeated measurement of intervention effectiveness.
11.9.1.3 Intervention design and implementation: Interventions are designed based on the preceding analysis, the defined problem, parent input, and professional judgments about the potential effectiveness of interventions. The interventions are described in an intervention plan that includes goals and strategies, a progress monitoring plan, a decision-making plan for summarizing and analyzing progress monitoring data, and responsible parties. Interventions are implemented as developed and modified on the basis of objective data and with the agreement of the responsible parties.
11.9.1.4 Progress monitoring: Systematic progress monitoring is conducted which includes regular and frequent data collection, analysis of individual performance across time, and modification of interventions as frequently as necessary based on systematic progress monitoring data.
11.9.1.5 Evaluation of intervention effects: The effectiveness of interventions is evaluated through a systematic procedure in which patterns of individual performance are analyzed and summarized. Decisions regarding the effectiveness of interventions focus on comparisons with initial levels of performance and rate of progress toward meeting grade level expectations.
11.9.2 The identification and Child Find procedures required in Section 11.0, shall also include procedures to establish, and to refer students to, school or program based instructional support teams. The agency’s procedures shall include the following requirements:
11.9.2.1 The instructional support team shall include members collectively qualified to assist in the identification of instructional and behavioral intervention strategies for learning and behavioral problems and needs.
11.9.2.2 The instructional support team process shall ensure that a student’s learning and behavioral needs are comprehensively assessed. It shall include consideration, as appropriate, of curriculum-based assessment measures, analyses of instructional variables, systematic observations, functional assessments and current health information.
11.9.2.3 Baseline and progress monitoring data shall be collected and used to inform intervention strategies.
11.9.2.4 All initial referrals to the instructional support team shall be in writing. Written documentation of the instructional support team process shall be maintained for each student.
11.9.2.5 The instructional support team process may or may not lead to referral for initial evaluation to determine eligibility for special education services.
11.9.2.5.1 When the instructional support team determines the student should be evaluated to determine eligibility for special education services, the team shall forward a written recommendation to an appropriate, designated staff member within 10 school days.
11.9.2.5.2 Within 10 school days of the recommendation, the student’s parents shall be notified in writing of the team’s recommendation that the student be evaluated for special education services. The notification shall include a request for parental consent for initial evaluation.
11.9.2.5.3 Referrals for an individual student that do not contain all required information and documentation, including the data and other evidence described in subsections 11.9.2.2 and 11.9.2.3, may be returned to the instructional support team with a request that they be supplemented. Parental notification of the team’s recommendation, and the request for consent for initial evaluation, shall still occur within 10 school days of the initial team recommendation.
(Authority: 20 U.S.C. 1401(3)); 1412(a)(3); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-12.0** Individualized Education Programs (IEP) {#sec-923-12.0 omnilex-key=us-de-regs-official--title-14--923-12.0}
Each public agency shall ensure that an IEP that meets the requirements of section 636(d) of the Act, is developed, reviewed, and revised for each child with a disability in accordance with 14 DE Admin. Code 925, Sections 7.0 through 11.0, except as provided in 14 DE Admin. Code 925, subsection 1.2.3.
(Authority: 20 U.S.C. 1412(a)(4); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-13.0** Routine Checking of Hearing Aids and External Components of Surgically Implanted Medical Devices {#sec-923-13.0 omnilex-key=us-de-regs-official--title-14--923-13.0}
13.1 Hearing aids: Each public agency shall ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.
13.2 External components of surgically implanted medical devices
13.2.1 Subject to subsection 13.2.2, each public agency shall ensure that the external components of surgically implanted medical devices are functioning properly.
13.2.2 For a child with a surgically implanted medical device who is receiving special education and related services under these regulations, a public agency shall not be responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device).
(Authority: 20 U.S.C. 1401(1), 1401(26)(B); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-14.0** Least Restrictive Environment (LRE) Requirement {#sec-923-14.0 omnilex-key=us-de-regs-official--title-14--923-14.0}
14.1 General: Except as provided in 14 DE Admin. Code 925, subsection 11.12 (regarding children with disabilities in adult prisons), each public agency shall meet the LRE requirements of Sections 15.0 through 20.0 of this regulation.
14.2 Each public agency shall ensure that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Additional requirement: No public agency shall make educational placement decisions on the basis of funding sources or amount of funding. Placement decisions shall be based on the unique needs of a child with a disability regardless of the manner or amount of funding available.
14.3 Interagency and Special Programs: When a child’s IEP Team determines the child’s needs cannot be met appropriately in the LEA of residence or other public agency, inter-LEA or interagency programs shall be considered within least restrictive environment requirements.
14.4 Interagency agreements: A written Interagency Agreement shall be developed between or among LEAs or other public agencies when special education and related services for children with disabilities are provided in whole, or in part, by an LEA or LEAs, other than the LEA of residence.
14.4.1 The agreement may be initiated by the LEA, public agency, or the DOE.
14.4.2 The DOE shall be a party to the agreement when the services are provided through a special school or program approved by the State Board of Education.
14.4.3 Each Interagency Agreement shall include the:
14.4.3.1 Title of the agreement;
14.4.3.2 Parties involved and their authority to provide special education and related services;
14.4.3.3 Purpose of the agreement;
14.4.3.4 Roles and responsibilities of each agency, including access to records and record transfer procedures, program implementation, dissemination, training activities, funding amounts and sources;
14.4.3.5 End dates and Reauthorization schedule;
14.4.3.6 Procedures to resolve disputes regarding program and fiscal issues; and
14.4.3.7 Signature and title of each party's authorized administrator.
14.5 Responsibility for Placement in Interagency Programs: For initial placement, the child's LEA of residence shall be responsible for identification, evaluation, and placement procedures including:
14.5.1 Setting the date, time, and place of all meetings;
14.5.2 Chairing, designating, or agreeing upon a chairperson for all meetings;
14.5.3 Communicating the name of the child to be discussed; the date and place of meeting to individuals involved; and
14.5.4 Communicating recommendations of staffing to all appropriate staff.
14.6 When it is suspected the child's need for special education can only be met in an inter-LEA or interagency program, then an IEP meeting shall be arranged by the LEA of residence. The following procedures for an IEP meeting shall be followed:
14.6.1 Representatives of the inter-LEA or interagency program shall participate in the IEP meeting;
14.6.2 A representative of the LEA of residence shall be a member of the child's IEP Team; and
14.6.3 Arrangements for all evaluation and diagnosis, whether initial or reevaluation, shall be the responsibility of the child's LEA of residence.
(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-15.0** Continuum of Alternative Placements {#sec-923-15.0 omnilex-key=us-de-regs-official--title-14--923-15.0}
15.1 Each public agency shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
15.2 The continuum required in subsection 15.1 shall include the alternative placements listed in the definition of special education under 14 DE Admin. Code 922, Section 3.0 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.
(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-16.0** Placements {#sec-923-16.0 omnilex-key=us-de-regs-official--title-14--923-16.0}
16.1 In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency shall ensure that the placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and is made in conformity with the LRE provisions of this regulation, including Sections 14.0 through 18.0.
16.2 The child's placement shall be determined at least annually; shall be based on the child's IEP; and shall be as close as possible to the child's home.
16.3 Unless the IEP of a child with a disability requires some other arrangement, the child shall be educated in the school that he or she would attend if nondisabled.
16.4 In selecting the LRE, consideration shall be given to any potential harmful effect on the child or on the quality of services that he or she needs.
16.5 A child with a disability shall not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.
16.6 If a child with a disability is a danger to themself or is so disruptive that the child’s behavior substantially interferes with the learning of other students in the class, the IEP Team may provide the child with supportive instruction and related services at home in lieu of the child's present educational placement.
16.6.1 Services provided under these conditions shall be considered a change in placement to homebound or hospital placement on an emergency basis and shall require IEP Team documentation that such placement is both necessary and temporary and is consistent with the requirements for the provision of a free, appropriate public education.
16.6.2 In instances of parental objection to such home instruction, parents may exercise any of the applicable procedural safeguards in these regulations. 14 DE Admin. Code 926.
16.6.3 To be eligible for homebound or hospital placement the following criteria shall be met:
16.6.3.1 The child shall be identified as a child with a disability and in need of special education and related services and enrolled in the LEA or other public educational program; and
16.6.3.2 If the placement is due to a medical condition, it shall be documented by a physician's statement where the absence will be for 2 weeks or longer; or
16.6.3.3 If the placement is due to severe behavior concerns, it shall be documented by an IEP Team that includes a licensed or certified school psychologist or psychiatrist, and such placement is both necessary and temporary; or
16.6.3.4 If for a transitional in school program, it shall be documented by the IEP Team that it is necessary for an appropriate return to the educational program.
16.6.4 IEPs specifying homebound or hospital placement shall be reviewed at intervals determined by the IEP Team, sufficient to ensure appropriateness of instruction and continued placement.
16.6.5 Supportive instruction, related services and necessary materials shall be made available within 10 school days following the IEP meeting. Such instruction and related services may continue upon return to school when it is determined by the IEP Team that the child needs a transitional program to facilitate their return to the school program.
(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-17.0** Non-Academic Settings {#sec-923-17.0 omnilex-key=us-de-regs-official--title-14--923-17.0}
In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in subsections 7.1 and 7.2, each public agency shall ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency shall ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.
(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-18.0** Children in Public or Private Institutions {#sec-923-18.0 omnilex-key=us-de-regs-official--title-14--923-18.0}
Each public agency shall ensure that Section 14.0 (LRE requirement) is effectively implemented, including, if necessary, making arrangements with public and private institutions (such as a memorandum of agreement or special implementation procedures).
(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-19.0** Technical Assistance and Training Activities {#sec-923-19.0 omnilex-key=us-de-regs-official--title-14--923-19.0}
Each public agency shall ensure that teachers and administrators are fully informed about their responsibilities for implementing Section 14.0 (LRE requirement); and are provided with technical assistance and training necessary to assist them in this effort.
(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-20.0** Monitoring Activities {#sec-923-20.0 omnilex-key=us-de-regs-official--title-14--923-20.0}
20.1 The DOE shall monitor public agencies to ensure that Section 14.0 (LRE requirement) is implemented by each public agency.
20.2 If there is evidence that a public agency makes placements that are inconsistent with Section 14.0 (LRE requirement), the DOE shall review the public agency's justification for its actions; and assist in planning and implementing any necessary corrective action.
(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-21.0** Procedural Safeguards {#sec-923-21.0 omnilex-key=us-de-regs-official--title-14--923-21.0}
21.1 General: Each public agency shall ensure compliance with the requirements of 14 DE Admin. Code 926 to the extent applicable to the agency.
21.2 Procedural safeguards identified: Children with disabilities and their parents shall be afforded the procedural safeguards identified in subsection 21.1 of this section.
(Authority: 20 U.S.C. 1412(a)(6)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-22.0** Evaluation {#sec-923-22.0 omnilex-key=us-de-regs-official--title-14--923-22.0}
Each public agency shall ensure children with disabilities are evaluated in accordance with 14 DE Admin. Code 925, Sections 1.0 through 12.0.
(Authority: 20 U.S.C. 1412(a)(7); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-23.0** Confidentiality of Personally Identifiable Information {#sec-923-23.0 omnilex-key=us-de-regs-official--title-14--923-23.0}
Each public agency shall take reasonable steps to ensure the confidentiality of personally identifiable information consistent with 14 DE Admin. Code 927, Sections 10.0 through 26.0.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-24.0** Transition of Children from the Part C Program to Preschool Programs {#sec-923-24.0 omnilex-key=us-de-regs-official--title-14--923-24.0}
24.1 Each public agency shall ensure that children participating in early intervention programs assisted under Part C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9) of the Act; and
24.2 By the third birthday of a child described in subsection 24.1, or an earlier age as otherwise provided in these regulations, an IEP has been developed and is being implemented for the child consistent with subsection 1.2.1; and each affected LEA will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10) of the Act.
(Authority: 20 U.S.C. 1412(a)(9); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-25.0** Parent Councils {#sec-923-25.0 omnilex-key=us-de-regs-official--title-14--923-25.0}
25.1 Each school district and charter school enrolling any child with a disability shall, on an annual basis, contact the parents of each such child to attempt to facilitate the creation and maintenance of a Parent Council for the parents of students with disabilities.
25.2 Parent Councils will advocate generally for students with disabilities and provide person-to-person support with individual parents and children.
25.3 Each school district and charter school shall collaborate and coordinate with existing parent groups and other information and support groups to facilitate creation, maintenance, and effectiveness of the Parent Councils.
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-26.0** to 28.0 Reserved {#sec-923-26.0 omnilex-key=us-de-regs-official--title-14--923-26.0}
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-29.0** State Responsibility Regarding Children in Private Schools {#sec-923-29.0 omnilex-key=us-de-regs-official--title-14--923-29.0}
LEAs, and the DOE as appropriate, shall meet the private school requirements in Sections 30.0 through 48.0.
(Authority: 20 U.S.C. 1412(a)(10); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-30.0** Definition of Parentally Placed Private School Children with Disabilities {#sec-923-30.0 omnilex-key=us-de-regs-official--title-14--923-30.0}
Definition: “Parentally Placed Private School Children with Disabilities” means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school or secondary school in 14 DE Admin. Code 922, Section 3.0, other than children with disabilities covered in Sections 45.0 through 47.0 of this regulation.
(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-31.0** Child Find for Parentally Placed Private School Children with Disabilities {#sec-923-31.0 omnilex-key=us-de-regs-official--title-14--923-31.0}
31.1 General: Each LEA shall locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, in accordance with subsections 31.2 through 31.5, and Section 11.0 of this regulation and with 14 DE Admin. Code 924, subsection 1.2.
31.2 Child Find design: The Child Find process shall be designed to ensure the equitable participation of parentally placed private school children; and an accurate count of those children.
31.3 Activities: In carrying out the requirements of this section, the LEA shall undertake activities similar to the activities undertaken for the agency's public school children.
31.4 Cost: The cost of carrying out the Child Find requirements in this section, including individual evaluations, may not be considered in determining if an LEA has met its obligation under Section 33.0.
31.5 Completion period: The Child Find process shall be completed in a time period comparable to that for students attending public schools in the LEA consistent with 14 DE Admin. Code 925, Section 2.0.
31.6 Out of State children: Each LEA in which private, including religious, elementary schools and secondary schools are located shall, in carrying out the Child Find requirements in this section, include parentally placed private school children who reside in a State other than the State of Delaware in which the private schools that they attend are located.
(Authority: 20 U.S.C. 1412(a)(10)(A)(ii); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-32.0** Provision of Services for Parentally Placed Private School Children with Disabilities, Basic Requirement {#sec-923-32.0 omnilex-key=us-de-regs-official--title-14--923-32.0}
32.1 General: To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, provision is made for the participation of those children in the program assisted or carried out under Part B of the Act by providing them with special education and related services, including direct services determined in accordance with Section 37.0.
32.2 Services plan for parentally placed private school children with disabilities: In accordance with subsection 32.1 and Sections 37.0 through 39.0, a services plan shall be developed and implemented for each private school child with a disability who has been designated by the LEA in which the private school is located to receive special education and related services under these regulations.
32.3 Record keeping: Each LEA shall maintain in its records, and provide to the DOE, the following information related to parentally placed private school children covered in Sections 30.0 through 44.0: the number of children evaluated; the number of children determined to be children with disabilities; and the number of children served.
(Authority: 20 U.S.C. 1412(a)(10)(A)(i); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-33.0** Expenditures {#sec-923-33.0 omnilex-key=us-de-regs-official--title-14--923-33.0}
33.1 Formula: To meet the requirement of subsection 32.1, each LEA shall spend the following on providing special education and related services (including direct services) to parentally placed private school children with disabilities:
33.1.1 For children aged 3 through 22, an amount that is the same proportion of the LEA's total sub grant under section 611(f) of the Act as the number of private school children with disabilities aged 3 through 22 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 22.
33.1.2 For children aged 3 through 5, an amount that is the same proportion of the LEA's total sub grant under section 619(g) of the Act as the number of parentally placed private school children with disabilities aged 3 through 5 who are enrolled by their parents in a private, including religious, elementary school located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 5.
33.1.3 As described in subsection 33.1.2 of this section, children aged 3 through 5 are considered to be parentally placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in 14 DE Admin. Code 922, Section 3.0.
33.1.4 If an LEA has not expended for equitable services all of the funds described in subsections 33.1.1, 33.1.2 and 33.1.3 by the end of the fiscal year for which Congress appropriated the funds, the LEA shall obligate the remaining funds for special education and related services (including direct services) to parentally placed private school children with disabilities during a carry-over period of 1 additional year.
33.2 Calculating proportionate amount: In calculating the proportionate amount of Federal funds to be provided for parentally placed private school children with disabilities, the LEA, after timely and meaningful consultation with representatives of private schools in Section 34.0 shall conduct a thorough and complete Child Find process to determine the number of parentally placed children with disabilities attending private schools located in the LEA.
33.3 Annual count of the number of parentally placed private school children with disabilities: Each LEA shall after timely and meaningful consultation with representatives of parentally placed private school children with disabilities (consistent with Section 34.0), determine the number of parentally placed private school children with disabilities attending private schools located in the LEA; and ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.
33.3.1 The count shall be used to determine the amount that the LEA shall spend on providing special education and related services to parentally placed private school children with disabilities in the next subsequent fiscal year.
33.4 Supplement, not supplant: State and local funds may supplement and in no case supplant the proportionate amount of Federal funds required to be expended for parentally placed private school children with disabilities under these regulations.
(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-34.0** Consultation {#sec-923-34.0 omnilex-key=us-de-regs-official--title-14--923-34.0}
34.1 To ensure timely and meaningful consultation, an LEA shall consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children regarding the following:
34.1.1 Child Find: The Child Find process, including how parentally placed private school children suspected of having a disability can participate equitably; and how parents, teachers, and private school officials will be informed of the process.
34.1.2 Proportionate share of funds: The determination of the proportionate share of Federal funds available to serve parentally placed private school children with disabilities in subsection 33.2 including the determination of how the proportionate share of those funds was calculated.
34.1.3 Consultation process: The consultation process among the LEA, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how the process will operate throughout the school year to ensure that parentally placed children with disabilities identified through the Child Find process can meaningfully participate in special education and related services.
34.1.4 Provision of special education and related services: How, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities, including a discussion of:
34.1.4.1 The types of services, including direct services and alternate service delivery mechanisms; and
34.1.4.2 How special education and related services will be apportioned if funds are insufficient to serve all parentally placed private school children; and
34.1.4.3 How and when those decisions will be made;
34.1.4.4 Written explanation by LEA regarding services: How, if the LEA disagrees with the views of the private school officials on the provision of services or the types of services (whether provided directly or through a contract), the LEA will provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.
(Authority: 20 U.S.C. 1412(a)(10)(A)(iii); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-35.0** Written Affirmation {#sec-923-35.0 omnilex-key=us-de-regs-official--title-14--923-35.0}
35.1 When timely and meaningful consultation, as required by Section 34.0, has occurred, the LEA shall obtain a written affirmation signed by the representatives of participating private schools.
35.2 If the representatives do not provide the affirmation within a reasonable period of time, the LEA shall forward the documentation of the consultation process to the DOE.
(Authority: 20 U.S.C. 1412(a)(10)(A)(iv); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-36.0** Compliance {#sec-923-36.0 omnilex-key=us-de-regs-official--title-14--923-36.0}
36.1 General: A private school official has the right to submit a complaint to the DOE that the LEA did not engage in consultation that was meaningful and timely; or did not give due consideration to the views of the private school official.
36.2 Procedure: If the private school official wishes to submit a complaint, the official shall provide to the DOE the basis of the noncompliance by the LEA with the applicable private school provisions in these regulations; and the LEA shall forward the appropriate documentation to the DOE.
36.2.1 If the private school official is dissatisfied with the decision of the DOE, the official may submit a complaint to the Secretary of the United States Department of Education by providing the information on noncompliance described in subsection 36.2 and the DOE shall forward the appropriate documentation to the Secretary of the United States Department of Education.
(Authority: 20 U.S.C. 1412(a)(10)(A)(v); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-37.0** Equitable Services Determined {#sec-923-37.0 omnilex-key=us-de-regs-official--title-14--923-37.0}
37.1 No individual right to special education and related services. No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.
37.2 Decisions: Decisions about the services that will be provided to parentally placed private school children with disabilities in Sections 30.0 through 44.0 shall be made in accordance with subsections 37.4 and 34.1.3.
37.3 The LEA shall make the final decisions with respect to the services to be provided to eligible parentally placed private school children with disabilities.
37.4 Services plan for each child served in Sections 30.0 through 44.0: If a child with a disability is enrolled in a religious or other private school by the child's parents and will receive special education or related services from an LEA, the LEA shall:
37.4.1 Initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with subsection 38.3; and
37.4.2 Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the LEA shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.
(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-38.0** Equitable Services Provided {#sec-923-38.0 omnilex-key=us-de-regs-official--title-14--923-38.0}
38.1 General: The services provided to parentally placed private school children with disabilities shall be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally placed private school children with disabilities do not have to meet the highly qualified special education teacher requirements under the definition in 14 DE Admin. Code 922, Section 3.0.
38.2 Parentally-placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools.
38.3 Services provided in accordance with a services plan: Each parentally placed private school child with a disability who has been designated to receive services in Section 32.0 shall have a services plan that describes the specific special education and related services that the LEA will provide to the child in light of the services that the LEA has determined, through the process described in Sections 34.0 and 37.0, it will make available to parentally placed private school children with disabilities. The services plan shall, to the extent appropriate meet the requirements of 14 DE Admin. Code 925, Section 7.0 (or for a child ages 3 through 5, meet the requirements of 14 DE Admin. Code 925, Section 23.0) with respect to the services provided; and be developed, reviewed, and revised consistent with 14 DE Admin. Code 925, Sections 8.0 through 11.0.
38.4 Provision of equitable services: The provision of services pursuant to this section and Sections 39.0 through 43.0 shall be provided by employees of a public agency; or through contract by the public agency with an individual, association, agency, organization, or other entity.
38.5 Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and nonideological.
(Authority: 20 U.S.C. 1412(a)(10)(A)(vi); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-39.0** Location of Services and Transportation {#sec-923-39.0 omnilex-key=us-de-regs-official--title-14--923-39.0}
39.1 Services on private school premises: Services to parentally placed private school children with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law.
39.2 Transportation, General: If necessary for the child to benefit from or participate in the services provided under these regulations, a parentally placed private school child with a disability shall be provided transportation from the child's school or the child's home to a site other than the private school; and from the service site to the private school, or to the child's home, depending on the timing of the services. LEAs are not required to provide transportation from the child's home to the private school.
39.3 Cost of transportation: The cost of the transportation described in subsection 39.2 may be included in calculating whether the LEA has met the requirement of Section 33.0.
(Authority: 20 U.S.C. 1412(a)(10)(A);) 14 Del.C. §3110
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-40.0** Due Process Complaints and State Complaints {#sec-923-40.0 omnilex-key=us-de-regs-official--title-14--923-40.0}
40.1 Due process not applicable, except for Child Find: Except as provided in subsection 40.2 of this section, the procedures in 14 DE Admin. Code 926, Sections 4.0 through 19.0 do not apply to complaints that an LEA has failed to meet the requirements of Sections 32.0 through 39.0 of this Subpart, including the provision of services indicated on the child's services plan.
40.2 Child Find complaints to be filed with the LEA in which the private school is located: The procedures in 14 DE Admin. Code 926, Sections 4.0 through 19.0 apply to complaints that an LEA has failed to meet the Child Find requirements in Section 31.0, including the requirements in 14 DE Admin. Code 925, Sections 1.0 through 12.0. Any due process complaint regarding the Child Find requirements (as described in subsection 40.2) shall be filed with the LEA in which the private school is located and a copy shall be forwarded to the DOE.
40.3 State complaints: Any complaint that an LEA has failed to meet the requirements in Sections 32.0 through 35.0 and Sections 37.0 through 44.0 shall be filed in accordance with the procedures described in Sections 51.0 through 53.0. A complaint filed by a private school official under subsection 36.1 shall be filed with the DOE in accordance with the procedures in subsection 36.2.
(Authority: 20 U.S.C. 1412(a)(10)(A);14 Del.C. §3110))
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-41.0** Requirement that Funds not Benefit a Private School {#sec-923-41.0 omnilex-key=us-de-regs-official--title-14--923-41.0}
41.1 An LEA may not use funds provided under section 611 or 619 of the Act to finance the existing level of instruction in a private school or to otherwise benefit the private school.
41.2 The LEA shall use funds provided under Part B of the Act to meet the special education and related services needs of parentally placed private school children with disabilities, but not for meeting the needs of a private school; or the general needs of the students enrolled in the private school.
(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-42.0** Use of Personnel {#sec-923-42.0 omnilex-key=us-de-regs-official--title-14--923-42.0}
42.1 Use of public school personnel: An LEA may use funds available under sections 611 and 619 of the Act to make public school personnel available in other than public facilities to the extent necessary to provide services under Sections 30.0 through 44.0 of this regulation for parentally placed private school children with disabilities; and if those services are not normally provided by the private school.
42.2 Use of private school personnel: An LEA may use funds available under sections 611 and 619 of the Act to pay for the services of an employee of a private school to provide services in Sections 30.0 through 44.0 of this regulation if the employee performs the services outside of his or her regular hours of duty; and the employee performs the services under public supervision and control.
(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-43.0** Separate Classes Prohibited {#sec-923-43.0 omnilex-key=us-de-regs-official--title-14--923-43.0}
An LEA may not use funds available under section 611 or 619 of the Act for classes that are organized separately based on school enrollment or religion of the children if the classes are at the same site; and the classes include children enrolled in public schools and children enrolled in private schools.
(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-44.0** Property, Equipment, and Supplies {#sec-923-44.0 omnilex-key=us-de-regs-official--title-14--923-44.0}
44.1 A public agency shall control and administer the funds used to provide special education and related services in Sections 37.0 through 39.0, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the Act.
44.2 The public agency may place equipment and supplies in a private school for the period of time needed for the Part B program.
44.3 The public agency shall ensure that the equipment and supplies placed in a private school are used only for Part B purposes; and can be removed from the private school without remodeling the private school facility.
44.4 The public agency shall remove equipment and supplies from a private school if the equipment and supplies are no longer needed for Part B purposes; or removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B of the Act purposes.
44.5 No funds under Part B of the Act may be used for repairs, minor remodeling, or construction of private school facilities.
(Authority: 20 U.S.C. 1412(a)(10)(A)(vii); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-45.0** Children with Disabilities in Private Schools Placed or Referred By Public Agencies {#sec-923-45.0 omnilex-key=us-de-regs-official--title-14--923-45.0}
Applicability: Sections 46.0 through 47.0 apply only to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services.
(Authority: 20 U.S.C. 1412(a)(10)(B); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-46.0** Responsibility of Public Agencies {#sec-923-46.0 omnilex-key=us-de-regs-official--title-14--923-46.0}
Each public agency that places a child with a disability at a private school or facility shall ensure the child is provided special education and related services in conformance with an IEP that meets the requirements of 14 DE Admin. Code 925, Sections 7.0 through 12.0; and at no cost to the parents; is provided a FAPE; and has all of the rights of a child with a disability who is served by a public agency.
(Authority: 20 U.S.C. 1412(a)(10)(B); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-47.0** Monitoring by DOE {#sec-923-47.0 omnilex-key=us-de-regs-official--title-14--923-47.0}
To monitor compliance of the requirements in Section 46.0 by public agencies, DOE shall use procedures such as written reports, on site visits, and parent questionnaires; disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a child with a disability; and provide an opportunity for those private schools and facilities to participate in the development and revision of State standards that apply to them.
(Authority: 20 U.S.C. 1412(a)(10)(B); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-48.0** Placement of Children by Parents when FAPE is at Issue {#sec-923-48.0 omnilex-key=us-de-regs-official--title-14--923-48.0}
48.1 General: These regulations do not require an LEA to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made FAPE available to the child and the parents elected to place the child in a private school or facility. However, the public agency shall include that child in the population whose needs are addressed consistent with Sections 31.0 through 44.0.
48.2 Disagreements about FAPE: Disagreements between the parents and a public agency regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures in 14 DE Admin. Code 926, Sections 4.0 through 20.0.
48.3 Reimbursement for private school placement: If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private preschool, elementary school, or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing panel finds that the agency had not made FAPE available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing panel or a court even if it does not meet the State standards that apply to education provided by the DOE and LEAs.
48.4 Limitation on reimbursement: The cost of reimbursement described in subsection 48.3 of this section may be reduced or denied if:
48.4.1 At the most recent IEP Team meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency to provide FAPE to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or
48.4.2 At least 10 business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in subsection 48.4.1; if, prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements described in 14 DE Admin. Code 926, subsection 3.1.1, of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for the evaluation; or upon a judicial finding of unreasonableness with respect to actions taken by the parents.
48.5 Exception: Notwithstanding the notice requirement in subsections 48.4.1 and 48.4.2 of this regulation the cost of reimbursement shall not be reduced or denied for failure to provide the notice if: the school prevented the parents from providing the notice; the parents had not received notice, 14 DE Admin. Code 926, Section 4.0, of the notice requirement in subsections 48.4.1 and 48.4.2 of this regulation or compliance with subsections 48.4.1 and 48.4.2 of this regulation would likely result in physical harm to the child; and may, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if the parents are not literate or cannot write in English; or compliance with subsections 48.4.1 and 48.4.2 would likely result in serious emotional harm to the child.
(Authority: 20 U.S.C. 1412(a)(10)(C); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-49.0** DOE Responsibility for General Supervision of Procedural Safeguards {#sec-923-49.0 omnilex-key=us-de-regs-official--title-14--923-49.0}
49.1 The DOE shall ensure that the requirements of these regulations are carried out; and that each educational program for children with disabilities administered within the State, including each program administered by any other State or local agency is under the general supervision of the DOE; and meets the educational standards of the DOE (including the requirements of these regulations).
49.2 In carrying out these regulations with respect to homeless children, the DOE shall ensure that the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) are met.
49.3 The State may carry out its General Supervisory responsibilities through any mechanism or procedure provided in these regulations or other applicable State or federal law, including, but not limited to, subsection 49.5 of this regulation and 14 DE Admin. Code 927 and 928.
49.4 Part B of the Act and these regulations do not limit the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of FAPE to children with disabilities in the State.
49.5 In addition to any other authority available under these regulations or State law, DOE may use any of the following activities and mechanisms to identify and correct noncompliance and to document and exercise its general supervisory responsibilities: interagency agreements; compliance monitoring; dispute resolution systems (due process hearings, state complaints and mediation); general project coordination and contracting; specific program evaluations; personnel systems; public dissemination of information; and financial and administrative audits and reporting.
49.5.1 Compliance monitoring: DOE may use any reasonable method to collect, analyze and verify information to monitor compliance with Part B and these regulations.
49.5.1.1 Monitoring methods may include, but are not limited to, use of offsite review, on site review, letters of inquiry, and follow up and verification of specific activities.
49.5.1.2 Potential noncompliance may be identified from any generally reliable source of information, including but not limited to, complaints, hearings and court decisions, evaluation and performance reports, and other formally submitted documents to determine if agencies and programs are in need of specific compliance interventions.
49.5.1.3 DOE shall document its monitoring activity through correspondence and reports.
49.5.1.4 DOE shall notify a public agency in writing when it identifies noncompliance. The notice shall describe each corrective action which shall be taken, including a reasonable time frame for submission of a corrective action plan, and require that the corrective action plan provide for: the immediate discontinuance of the violation; the prevention of the occurrence of any future violation; documentation of the initiation and completion of actions to achieve current and future compliance; the timeframe for achieving full compliance; and the description of actions the agency shall take to remedy the identified areas of noncompliance.
49.5.1.5 Within 60 days of receiving a corrective action plan, DOE shall determine whether the plan meets each of the requirements of the preceding paragraph, or if additional information is required from the agency, and notify the agency accordingly
49.5.1.6 In all events, noncompliance shall be corrected within 1 year of the date DOE identifies the noncompliance.
49.5.2 Enforcement: DOE shall have the authority to enforce legal obligations under these regulations, and to compel the correction of deficiencies in program operations and other identified noncompliance. DOE may enforce its authority by any mechanism available under State or federal law and these regulations, including but not limited to, directing public agencies to correct noncompliance; imposing specific conditions on funding; imposing appropriate sanctions for failing or refusing to correct noncompliance; and withholding funding in whole or part.
49.5.3 DOE shall distribute these regulations, required and model forms, guidance, and letters of general notification to all public and private agencies providing services to children with disabilities. DOE shall determine the method of dissemination, which may include regular mail, electronic mail, website postings and distribution at State or county meetings.
(Authority: 20 U.S.C. 1412(a)(11); 1416; 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-50.0** Implementation of Procedural Safeguards {#sec-923-50.0 omnilex-key=us-de-regs-official--title-14--923-50.0}
Each public agency is responsible for ensuring effective implementation of procedural safeguards for the children with disabilities served by that public agency.
(Authority: 20 U.S.C. 1412(a)(11); 1415(a); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-51.0** State Complaint Procedures {#sec-923-51.0 omnilex-key=us-de-regs-official--title-14--923-51.0}
51.1 General: The DOE shall resolve any complaint, including a complaint filed by an organization or individual from another State, that meets the requirements of Section 53.0 by implementing the State complaint procedures under Sections 51.0 through 53.0; and widely disseminate to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities, the State complaint procedures.
51.2 Remedies for denial of appropriate services: In resolving a complaint in which the DOE has found a failure to provide appropriate services, the DOE, pursuant to its general supervisory authority under Part B of the Act, shall address the failure to provide appropriate services, including corrective action appropriate to address the needs of the child (such as compensatory services or monetary reimbursement); and appropriate future provision of services for all children with disabilities.
51.3 Public agency compliance and noncompliance:
51.3.1 A report of the DOE’s findings shall be sent to the Chief Administrative Officer of the public agency, the Secretary, and the complaining party.
51.3.2 When the findings of the DOE indicate a public agency’s full compliance with Part B of the Act and these regulations, no further action by the DOE shall be taken.
51.3.3 When the findings of the DOE indicate noncompliance with Part B of the Act or these regulations, the public agency shall be presented with the DOE’s findings and a time frame for corrective action as specified by the DOE. If the public agency completes the specified corrective action within the time frame determined by the DOE, the DOE may nonetheless continue to monitor the public agency and request additional action to ensure full compliance with these regulations.
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-52.0** Time Limit and Extension for State Complaint, Final Decision, and Implementation {#sec-923-52.0 omnilex-key=us-de-regs-official--title-14--923-52.0}
52.1 Time limit; minimum procedures: Within 60 days following the DOE’s receipt of an adequately detailed complaint under Section 53.0 the DOE shall:
52.1.1 Carry out an independent on-site investigation, if the DOE determines that an investigation is necessary;
52.1.2 Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
52.1.3 Provide the public agency with the opportunity to respond to the complaint, including, at a minimum at the discretion of the public agency, a proposal to resolve the complaint; and an opportunity for a parent who has filed a complaint and the public agency to voluntarily engage in mediation consistent with 14 DE Admin. Code 926, Section 6.0;
52.1.4 Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or these regulations; and
52.1.5 Issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusions and the reasons for the DOE’s final decision.
52.2 Time extension; final decision; implementation: The DOE shall permit an extension of the time limit in subsection 52.1 only if:
52.2.1 Exceptional circumstances exist with respect to a particular complaint; or
52.2.2 The parent, individual, or organization and the public agency involved agree to extend the time to engage in mediation or in other alternative means of dispute resolution; and
52.3 DOE shall provide procedures for effective implementation of the DOE’s final decision, if needed, including technical assistance activities; negotiations; and corrective actions to achieve compliance.
52.4 Complaints filed under this section and due process hearings.
52.4.1 If a written complaint is received that is also the subject of a due process hearing in 14 DE Admin. Code 926, Section 7.0 or 926, Sections 30.0 through 32.0, or contains multiple issues of which 1 or more are part of that hearing, the DOE shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action shall be resolved using the time limit and procedures described in subsections 52.1 and 52.2.
52.4.2 If an issue that was raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties the due process hearing decision is binding on that issue; and the DOE shall inform the complainant to that effect.
52.4.3 A complaint alleging a public agency's failure to implement a due process hearing decision shall be resolved by the DOE.
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-53.0** Filing a Complaint {#sec-923-53.0 omnilex-key=us-de-regs-official--title-14--923-53.0}
53.1 An organization or individual may file a signed written complaint under the procedures described in Sections 51.0 through 52.0.
53.2 The complaint shall include:
53.2.1 A statement that a public agency has violated a requirement of Part B of the Act or of these regulations;
53.2.2 The facts on which the statement is based, including the time frame in which the incident or incidents occurred;
53.2.3 The signature and contact information for the complainant, and legal representative, if any, or of individuals representing a public agency or private organization filing a complaint; and if alleging violations with respect to a specific child:
53.2.3.1 The name and address of the residence of the child;
53.2.3.2 The name of the school the child is attending;
53.2.3.3 In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.11434a(2)), available contact information for the child, and the name of the school the child is attending;
53.2.3.4 A description of the nature of the problem of the child, including facts relating to the problem;
53.2.3.5 A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed; and
53.2.3.6 A description of the attempts made to resolve the issue prior to filing the complaint, if any.
53.2.4 The complaint shall allege a violation that occurred not more than 1 year prior to the date that the complaint is received in accordance with Section 51.0.
53.2.5 The party filing the complaint shall forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the DOE.
(Authority: 20 U.S.C.1221e-3; 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-54.0** Methods of Ensuring Services {#sec-923-54.0 omnilex-key=us-de-regs-official--title-14--923-54.0}
54.1 Establishing responsibility for services: The Secretary shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each non educational public agency described in subsection 54.2 and the DOE, in order to ensure that all services described in subsection 54.2 that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute in subsection 54.1.3. The agreement or mechanism shall include the following:
54.1.1 An identification of, or a method for defining, the financial responsibility of each agency for providing services described in subsection 54.2 to ensure FAPE to children with disabilities. The financial responsibility of each non educational public agency, including the State Medicaid agency and other public insurers of children with disabilities, shall precede the financial responsibility of the LEA (or the State agency responsible for developing the child's IEP).
54.1.2 The conditions, terms, and procedures under which an LEA shall be reimbursed by other agencies.
54.1.3 Procedures for resolving interagency disputes (including procedures under which LEAs may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.
54.1.4 Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in subsection 54.2.
54.2 Obligation of noneducational public agencies: If any public agency other than an educational agency is otherwise obligated under Federal or State law, or assigned responsibility under State policy or pursuant to subsection 54.1, to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services relating to assistive technology devices, assistive technology services, related services, supplementary aids and services, and transition services) that are necessary for ensuring FAPE to children with disabilities within the State, the public agency shall fulfill that obligation or responsibility, either directly or through contract or other arrangement pursuant to subsection 54.1 or an agreement pursuant to subsection 54.4. A noneducational public agency described in subsection 54.2 may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.
54.3 If a public agency other than an educational agency fails to provide or pay for the special education and related services described in subsection 54.2, the LEA (or State agency responsible for developing the child's IEP) shall provide or pay for these services to the child in a timely manner. The LEA or State agency is authorized to claim reimbursement for the services from the noneducational public agency that failed to provide or pay for these services and that agency shall reimburse the LEA or State agency in accordance with the terms of the interagency agreement or other mechanism described in subsection 54.1.
54.4 Special rule: The requirements of subsection 54.1 may be met through State statute or regulation; signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or other appropriate written methods as determined by the Secretary and approved by the Secretary of the United States Department of Education.
54.5 Children with disabilities who are covered by public benefits or insurance: A public agency may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under these regulations, as permitted under the public benefits or insurance program, except as further provided in this section. With regard to services required to provide FAPE to an eligible child under these regulations, the public agency:
54.5.1 May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under Part B of the Act;
54.5.2 May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co pay amount incurred in filing a claim for services provided pursuant to these regulations, but pursuant to subsection 54.7, may pay the cost that the parents otherwise would be required to pay;
54.5.3 May not use a child's benefits under a public benefits or insurance program if that use would:
54.5.3.1 Decrease available lifetime coverage or any other insured benefit;
54.5.3.2 Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;
54.5.3.3 Increase premiums or lead to the discontinuation of benefits or insurance; or
54.5.3.4 Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and
54.5.3.5 Shall obtain parental consent each time that access to public benefits or insurance is sought; and notify parents that the parents' refusal to allow access to their public benefits or insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
54.5.4 Children with disabilities who are covered by private insurance: Regarding services required to provide FAPE to an eligible child under these regulations, a public agency may access the parents' private insurance proceeds only if the parents provide consent.
54.5.5 Each time the public agency proposes to access the parents' private insurance proceeds, the agency shall obtain parental consent in accordance with subsection 54.5.4; and inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
54.6 Use of Part B funds: If a public agency is unable to obtain parental consent to use the parents' private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under these regulations, to ensure FAPE the public agency may use its Part B funds to pay for the service. To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the public agency may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parents' benefits or insurance (e.g., the deductible or co pay amounts).
54.7 Proceeds from public benefits or insurance or private insurance: Proceeds from public benefits or insurance or private insurance will not be treated as program income for purposes of 34 CFR 80.25. If a public agency spends reimbursements from Federal funds (e.g., Medicaid) for services under these regulations, those funds will not be considered “State or local” funds for purposes of the maintenance of effort provisions in 14 DE Admin. Code 924, Section 3.0.
54.8 Construction: Nothing in these regulations should be construed to alter the requirements imposed on a State Medicaid agency, or any other agency administering a public benefits or insurance program by Federal statute, regulations or policy under title XIX, or title XXI of the Social Security Act, 42 U.S.C. 1396 through 1396v and 42 U.S.C. 1397aa through 1397jj, or any other public benefits or insurance program.
(Authority: 20 U.S.C. 1412(a)(12) and (e); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-55.0** Hearings Relating to LEA Eligibility {#sec-923-55.0 omnilex-key=us-de-regs-official--title-14--923-55.0}
The DOE shall not make any final determination that an LEA is not eligible for assistance under Part B of the Act without first giving the LEA reasonable notice and an opportunity for a hearing under 34 CFR 76.401(d) as more fully provided in 14 DE Admin. Code 928, Section 5.0.
(Authority: 20 U.S.C. 1412(a)(13); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-56.0** Personnel Qualifications {#sec-923-56.0 omnilex-key=us-de-regs-official--title-14--923-56.0}
56.1 General: Personnel necessary to carry out the purposes of these regulations shall be appropriately and adequately prepared and trained and shall have the content knowledge and skills to serve children with disabilities, all as established in DOE certification regulations and requirements.
56.2 Related services personnel and paraprofessionals: The requirements in subsection 56.1 include qualifications for related services personnel and paraprofessionals. Such requirements shall be interpreted consistent with any State approved or State recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services; and ensure that related services personnel who deliver services in their discipline or profession:
56.2.1 Meet the requirements of subsection 56.2; and
56.2.2 Have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
56.2.3 Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with State law, regulation, or written policy, in meeting the requirements of these regulations to be used to assist in the provision of special education and related services under these regulations to children with disabilities.
56.3 Qualifications for special education teachers: The qualifications described in subsection 56.1 shall ensure that each person employed as a public school special education teacher in the State who teaches in an elementary school, middle school, or secondary school is highly qualified as a special education teacher by the deadline established in section 1119(a)(2) of the ESEA.
56.4 Policy: In implementing this section, LEAs shall take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services under these regulations to children with disabilities.
56.5 Rule of construction: Notwithstanding any other individual right of action that a parent or student may maintain under these regulations, nothing in these regulations shall be construed to create a right of action on behalf of an individual student or a class of students for the failure of a public agency or LEA employee to be highly qualified, or to prevent a parent from filing a complaint about staff qualifications with the DOE as provided for under these regulations.
(Authority: 20 U.S.C. 1412(a)(14); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-57.0** to 66.0 Reserved {#sec-923-57.0 omnilex-key=us-de-regs-official--title-14--923-57.0}
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-67.0** State Advisory Panel {#sec-923-67.0 omnilex-key=us-de-regs-official--title-14--923-67.0}
The Governor’s Advisory Council for Exceptional Citizens shall provide policy guidance with respect to special education and related services for children with disabilities in the State.
(Authority: 20 U.S.C. 1412(a)(21)(A); 14 Del.C. §§3110, 3111)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-68.0** Membership {#sec-923-68.0 omnilex-key=us-de-regs-official--title-14--923-68.0}
68.1 General: The Governor’s Advisory Council for Exceptional Citizens shall consist of members appointed by the Governor, be representative of the State population and be composed of individuals involved in, or concerned with the education of children with disabilities, including:
68.1.1 Parents of children with disabilities (ages birth through 26);
68.1.2 Individuals with disabilities;
68.1.3 Teachers;
68.1.4 Representatives of institutions of higher education that prepare special education and related services personnel;
68.1.5 State and local education officials, including officials who carry out activities under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, (42 U.S.C. 11431 et seq.);
68.1.6 Administrators of programs for children with disabilities;
68.1.7 Representatives of other State agencies involved in the financing or delivery of related services to children with disabilities;
68.1.8 Representatives of private schools and public charter schools;
68.1.9 Not less than 1 representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities;
68.1.10 A representative from the Department of Services for Children, Youth and Their Families (DSCYF), Division of Family Services; and
68.1.11 Representatives from the Department of Corrections and the DSCYF’s Division of Youth Rehabilitative Services.
68.2 Special rule: A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities (age birth through 26).
(Authority: 20 U.S.C. 1412(a)(21)(B) and (C); 14 Del.C. §§3110, 3111)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-69.0** Duties {#sec-923-69.0 omnilex-key=us-de-regs-official--title-14--923-69.0}
69.1 The Governor’s Advisory Council for Exceptional Citizens shall:
69.1.1 Advise the DOE of unmet needs within the State in the education of children with disabilities;
69.1.2 Comment publicly on any rules or regulations proposed by the State regarding the education of children with disabilities;
69.1.3 Advise the DOE in developing evaluations and reporting on data to the Secretary of the U.S. Department of Education;
69.1.4 Advise the DOE in developing corrective action plans to address findings identified in Federal monitoring reports under Part B of the Act; and
69.1.5 Advise the DOE in developing and implementing policies relating to the coordination of services for children with disabilities.
(Authority: 20 U.S.C. 1412(a)(21)(D); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-70.0** Suspension and Expulsion Rates {#sec-923-70.0 omnilex-key=us-de-regs-official--title-14--923-70.0}
70.1 General: The DOE shall examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among LEAs in the State; or compared to the rates for nondisabled children within those agencies.
70.2 Review and revision of policies: If the discrepancies described in subsection 70.1 of this section are occurring, the DOE shall review and, if appropriate, revise (or require the affected State agency or LEA to revise) its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards, to ensure that these policies, procedures, and practices comply with the Act.
(Authority: 20 U.S.C. 1412(a)(22); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-71.0** Annual Description of Use of Part B Funds. {#sec-923-71.0 omnilex-key=us-de-regs-official--title-14--923-71.0}
On an annual basis, the State shall describe how amounts retained for State administration and State level activities in 14 DE Admin. Code 928, Section 4.0 will be used to meet the requirements of these regulations; and how those amounts will be allocated among the activities described in 14 DE Admin. Code 928, Section 4.0 to meet State priorities based on input from LEAs.
(Authority: 20 U.S.C. 1411(e)(5); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-72.0** Access to Instructional Materials {#sec-923-72.0 omnilex-key=us-de-regs-official--title-14--923-72.0}
72.1 General: The DOE adopts the National Instructional Materials Accessibility Standard (NIMAS) for the purpose of providing instructional materials to blind persons or other persons with print disabilities.
72.1.1 Rights and responsibilities: The DOE shall coordinate with the National Instructional Materials Access Center (NIMAC) to provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
72.1.2 Children with disabilities who need instructional materials in accessible formats, but are not included under the definition of blind or other persons with print disabilities in subsection 72.4, or who need materials that cannot be produced from NIMAS files, shall receive those instructional materials in a timely manner.
72.1.3 In order to assist the DOE in meeting its responsibility in subsection 72.1.2, each public agency shall take reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials.
72.2 Preparation and delivery of files: As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, the DOE shall enter into a written contract with the publisher of the print instructional materials to:
72.2.1 Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or
72.2.2 Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.
72.2.3 Provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
72.3 Assistive technology: In carrying out this section, the DOE, to the maximum extent possible, shall work collaboratively with the State agency responsible for assistive technology programs.
72.4 Definitions: In this section and in 14 DE Admin. Code 924, Section 10.0:
“Blind Persons or Other Persons with Print Disabilities” means children served under these regulations who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled “An Act to provide books for adult blind,'' approved March 3, 1931, 2 U.S.C 135a;
“National Instructional Materials Access Center” or "NIMAC" means the center established pursuant to section 674(e) of the Act;
“National Instructional Materials Accessibility Standard” or "NIMAS" has the meaning given the term in section 674(e)(3)(B) of the Act;
“Specialized Formats” has the meaning given the term in section 674(e)(3)(D) of the Act.
(Authority: 20 U.S.C. 1412(a)(23), 1474(e); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-73.0** Overidentification and Disproportionality {#sec-923-73.0 omnilex-key=us-de-regs-official--title-14--923-73.0}
The State shall have in effect, consistent with the purposes of these regulations and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in the definition of child with a disability in 14 DE Admin. Code 922, Section 3.0.
(Authority: 20 U.S.C. 1412(a)(24); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-74.0** Prohibition on Mandatory Medication {#sec-923-74.0 omnilex-key=us-de-regs-official--title-14--923-74.0}
74.1 General: All public agency and LEA personnel are prohibited from requiring parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) for a child as a condition of attending school, receiving an evaluation, or receiving services under these regulations.
74.2 Rule of construction: Nothing in subsection 74.1 shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services in Section 11.0 (related to Child Find).
(Authority: 20 U.S.C. 1412(a)(25); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-75.0** DOE as Provider of FAPE or Direct Services {#sec-923-75.0 omnilex-key=us-de-regs-official--title-14--923-75.0}
In any program or circumstances in which DOE provides FAPE to children with disabilities, or provides direct services to these children, the DOE shall comply with any additional requirements of 14 DE Admin. Code 924, subsection 1.2, Section 2.0, and Sections 6.0 through 26.0, as if the DOE were an LEA; and may use amounts that are otherwise available to the DOE under Part B of the Act to serve those children without regard to 14 DE Admin. Code 924, Section 2.0 (relating to excess costs).
(Authority: 20 U.S.C. 1412(b); 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-76.0** to 98.0 Reserved. {#sec-923-76.0 omnilex-key=us-de-regs-official--title-14--923-76.0}
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
##### **14 Del. Admin. Code § 923-99.0** State Administration {#sec-923-99.0 omnilex-key=us-de-regs-official--title-14--923-99.0}
99.1 Rulemaking. The DOE shall ensure that its rules, regulations, and policies conform to Part B of the Act.
99.2 The DOE shall identify in writing to LEAs located in the State and the Secretary of the United States Department of Education any such rule, regulation, or policy as a State imposed requirement that is not required by Part B of the Act and Federal regulations. The Secretary shall also minimize the number of rules, regulations, and policies to which the LEAs and schools located in Delaware are subject under Part B of the Act. Italicized materials in these State regulations identify State statutory or regulatory requirements not otherwise required by Part B of the Act and federal regulations.
99.3 Support and facilitation: The DOE’s rules, regulations, and policies under Part B of the Act shall support and facilitate LEA and school level system improvement designed to enable children with disabilities to meet the challenging State student academic achievement standards.
(Authority: 20 U.S.C. 1407; 14 Del.C. §3110)
**History**
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 181 (08/01/07)*
- *18 DE Reg. 562 (01/01/15)*
- *18 DE Reg. 859 (05/01/15)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *28 DE Reg. 729 (04/01/25)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *15 DE Reg. 351 (09/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *19 DE Reg. 1015 (05/01/16)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *14 DE Reg. 1057 (04/01/11)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *26 DE Reg. 843 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 181 (08/01/07)*
- *11 DE Reg. 1628 (06/01/08)*
- *14 DE Reg. 1057 (04/01/11)*
- *15 DE Reg. 351 (09/01/11)*
- *18 DE Reg. 562 (01/01/15*
- *18 DE Reg. 859 (05/01/15)*
- *19 DE Reg. 1015 (05/01/16)*
- *26 DE Reg. 843 (04/01/23)*
- *28 DE Reg. 729 (04/01/25)*
### **924** Children with Disabilities Subpart C Local Educational Agency (LEA) Eligibility
##### **14 Del. Admin. Code § 924** Children with Disabilities Subpart C Local Educational Agency (LEA) Eligibility {#sec-924 omnilex-key=us-de-regs-official--title-14--924}
Non-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 USC §14079a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-1.0** Condition of Assistance and Consistency with State Policies {#sec-924-1.0 omnilex-key=us-de-regs-official--title-14--924-1.0}
1.1 An LEA is eligible for assistance under Part B of the Act for a fiscal year if the agency submits a plan that provides assurances to the DOE that the LEA meets each of the conditions in subsections 1.2 through 13.0.
(Authority: 20 U.S.C. 1413(a); 14 Del.C. §3110)
1.2 The LEA, in providing for the education of children with disabilities within its jurisdiction, shall have in effect policies, procedures, and programs that are consistent with the State policies and procedures established under 14 DE Admin. Code 923, subsection 1.2 through Section 56.0 and Sections 67.0 through 74.0. In addition, each public agency providing services to children with disabilities shall use any forms or procedures as from time to time are specifically developed or promulgated by DOE in implementing the requirements of these regulations.
(Authority: 20 U.S.C. 1413(a)(1); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-2.0** Use of Amounts {#sec-924-2.0 omnilex-key=us-de-regs-official--title-14--924-2.0}
2.1 General: Amounts provided to the LEA under Part B of the Act shall be expended in accordance with the applicable provisions of these regulations; shall be used only to pay the excess costs of providing special education and related services to children with disabilities, consistent with subsection 2.2; and shall be used to supplement State, local, and other Federal funds and not to supplant those funds.
2.2 Excess cost requirement, General: The excess cost requirement prevents an LEA from using funds provided under Part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to subsection 2.2.1.
2.2.1 The excess cost requirement does not prevent an LEA from using Part B funds to pay for all of the costs directly attributable to the education of a child with a disability in any of the ages 3, 4, 5, 18, 19, 20, 21, or 22, if no local or State funds are available for nondisabled children of these ages. However, the LEA shall comply with the non supplanting and other requirements of these regulations in providing the education and services for these children.
2.2.2 An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with disabilities before funds under Part B of the Act are used.
2.2.2.1 The amount described in subsection 2.2.2 is determined in accordance with the definition of excess costs in 14 DE Admin. Code 922, Section 3.0. That amount may not include capital outlay or debt service.
2.2.3 If two or more LEAs jointly establish eligibility in accordance with Section 23.0, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in 14 DE Admin. Code 922, Section 3.0 in those agencies for elementary or secondary school students, as the case may be.
(Authority: 20 U.S.C. 1413(a)(2)(A); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-3.0** Maintenance of Effort {#sec-924-3.0 omnilex-key=us-de-regs-official--title-14--924-3.0}
3.1 General: Except as provided in Sections 4.0 and 5.0, funds provided to an LEA under Part B of the Act shall not be used to reduce the level of expenditures for the education of children with disabilities made by the LEA from local funds below the level of those expenditures for the preceding fiscal year.
3.2 Standard: Except as provided in subsection 3.3, an LEA complies with subsection 3.1 for purposes of establishing the LEA's eligibility for an award for a fiscal year if the LEA budgets, for the education of children with disabilities, at least the same total or per capita amount from either of the following sources as the LEA spent for that purpose from the same source for the most recent prior year for which information is available:
3.2.1 Local funds only.
3.2.2 The combination of State and local funds.
3.3 An LEA that relies on subsection 3.2.1 for any fiscal year shall ensure that the amount of local funds it budgets for the education of children with disabilities in that year is at least the same, either in total or per capita, as the amount it spent for that purpose in the most recent fiscal year for which information is available and the standard in subsection 3.2.1 was used to establish its compliance with this section.
3.4 The DOE shall not consider any expenditure made from funds provided by the Federal Government for which the DOE is required to account to the Federal Government or for which the LEA is required to account to the Federal Government directly or through the DOE in determining an LEA's compliance with the requirement in subsection 3.1.
(Authority: 20 U.S.C. 1413(a)(2)(A); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-4.0** Exception to Maintenance of Effort {#sec-924-4.0 omnilex-key=us-de-regs-official--title-14--924-4.0}
4.1 Notwithstanding the restriction in subsection 3.1, an LEA may reduce the level of expenditures by the LEA under Part B of the Act below the level of those expenditures for the preceding fiscal year if the reduction is attributable to any of the following:
4.1.1 The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.
4.1.2 A decrease in the enrollment of children with disabilities.
4.1.3 The termination of the obligation of the agency, consistent with these regulations, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as individually determined by the DOE, because the child:
4.1.3.1 Has left the jurisdiction of the agency;
4.1.3.2 Has reached the age at which the obligation of the agency to provide FAPE to the child has terminated; or
4.1.3.3 No longer needs the program of special education.
4.1.3.4 The termination of costly expenditures for long term purchases, such as the acquisition of equipment or the construction of school facilities.
4.1.3.5 The assumption of cost by any high cost fund operated by the DOE under 34 CFR § 300.704(c).
(Authority: 20 U.S.C. 1413(a)(2)(B); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-5.0** Adjustment to Local Fiscal Efforts in Certain Fiscal Years {#sec-924-5.0 omnilex-key=us-de-regs-official--title-14--924-5.0}
5.1 Amounts in excess: Notwithstanding the requirement in subsection 2.1 that amounts provided to the LEA under Part B of the Act shall be used only to pay the excess costs of providing special education and related services to children with disabilities, and further notwithstanding subsections 2.2 and 3.1, and except as provided in subsection 5.4 and 34 CFR § 300.230(e)(2)(relating to adjustments to State level fiscal efforts in certain fiscal years), for any fiscal year for which the allocation received by an LEA under 14 DE Admin. Code 928, Section 5.0 exceeds the amount the LEA received for the previous fiscal year, the LEA may reduce the level of expenditures otherwise required by subsection 3.1 by not more than 50 percent of the amount of that excess.
5.2 Use of amounts to carry out activities under ESEA: If an LEA exercises the authority in subsection 5.1, the LEA shall use an amount of local funds equal to the reduction in expenditures subsection 5.1 to carry out activities that could be supported with funds under the ESEA regardless of whether the LEA is using funds under the ESEA for those activities.
5.3 State prohibition: Notwithstanding subsection 5.1, if the DOE determines that an LEA is unable to establish and maintain programs of FAPE that meet the requirements of section 613(a) of the Act and these regulations or the DOE has taken action against the LEA under 14 DE Admin. Code 927 the LEA is prohibited from reducing the level of expenditures in subsection 5.1 for that fiscal year.
5.4 Special rule: The amount of funds expended by an LEA for early intervening services in Section 26.0 shall count toward the maximum amount of expenditures that the LEA may reduce in subsection 5.1.
(Authority: 20 U.S.C. 1413(a)(2)(C); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-6.0** School Wide Programs under Title I of the ESEA {#sec-924-6.0 omnilex-key=us-de-regs-official--title-14--924-6.0}
6.1 General: Notwithstanding the provisions of Sections 2.0 and 3.0 or any other provision of Part B of the Act, an LEA may use funds received under Part B of the Act for any fiscal year to carry out a school wide program under section 1114 of the ESEA, except that the amount used in any school wide program may not exceed the amount received by the LEA under Part B of the Act for that fiscal year; divided by the number of children with disabilities in the jurisdiction of the LEA; and multiplied by the number of children with disabilities participating in the school wide program.
6.2 Funding conditions: The funds described in subsection 6.1 are subject to the following conditions:
6.2.1 The funds shall be considered as Federal Part B funds for purposes of the calculations required by subsection 2.1.
6.2.2 The funds may be used without regard to the requirements of subsection 2.1 that amounts provided to the LEA under Part B of the Act shall be expended in accordance with the applicable provisions of these regulations.
6.3 Meeting other Part B requirements: Except as provided in subsection 6.2, all other requirements of Part B of the Act shall be met by an LEA using Part B funds in accordance with subsection 6.1, including ensuring that children with disabilities in school wide program schools receive services in accordance with a properly developed IEP; and are afforded all of the rights and services guaranteed to children with disabilities under the Act.
(Authority: 20 U.S.C. 1413(a)(2)(D); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-7.0** Personnel Development {#sec-924-7.0 omnilex-key=us-de-regs-official--title-14--924-7.0}
The LEA shall ensure that all personnel necessary to carry out Part B of the Act are appropriately and adequately prepared, subject to the requirements of 14 DE Admin. Code 923, Section 56.0 (related to personnel qualifications) and section 2122 of the ESEA.
(Authority: 20 U.S.C. 1413(a)(3); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-8.0** Permissive Use of funds {#sec-924-8.0 omnilex-key=us-de-regs-official--title-14--924-8.0}
8.1 Uses: Notwithstanding Section 2.0 and subsection 3.1, funds provided to an LEA under Part B of the Act may be used for the following activities:
8.1.1 Services and aids that also benefit nondisabled children: For the costs of special education and related services, and supplementary aids and services, provided in a regular class or other education related setting to a child with a disability in accordance with the IEP of the child, even if 1 or more nondisabled children benefit from these services.
8.1.2 Early intervening services: To develop and implement coordinated, early intervening educational services in accordance with Section 26.0.
8.1.3 High cost special education and related services: To establish and implement cost or risk sharing funds, consortia, or cooperatives for the LEA itself, or for LEAs working in a consortium of which the LEA is a part, to pay for high cost special education and related services.
8.2 Administrative case management: An LEA may use funds received under Part B of the Act to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the IEP of children with disabilities that is needed for the implementation of those case management activities.
(Authority: 20 U.S.C. 1413(a)(4); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-9.0** Treatment of Charter Schools and their Students {#sec-924-9.0 omnilex-key=us-de-regs-official--title-14--924-9.0}
9.1 Rights of children with disabilities: Children with disabilities who attend public charter schools and their parents retain all rights under these regulations.
9.2 Charter schools that are public schools of the LEA:
9.2.1 In carrying out Part B of the Act and these regulations with respect to charter schools that are public schools of the LEA, the LEA shall:
9.2.1.1 Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site to its other public schools; and
9.2.1.2 Provide funds under Part B of the Act to those charter schools:
9.2.1.2.1 On the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative enrollment of children with disabilities; and
9.2.1.2.2 At the same time as the LEA distributes other Federal funds to the LEA's other public schools, consistent with Delaware’s charter school law (14 Del.C. Ch.5).
9.2.2 If the public charter school is a school of an LEA that receives funding under 14 DE Admin. Code 928, Section 5.0 and includes other public schools:
9.2.2.1 The LEA is responsible for ensuring that the requirements of these regulations are met; and
9.2.2.2 The LEA shall meet the requirements in subsection 9.2.1.
9.3 Public charter schools that are LEA’s: If the public charter school is an LEA, consistent with the definition of LEA under 14 DE Admin. Code 922, Section 3.0, that receives funding under 14 DE Admin. Code 928, Section 5.0 that charter school is responsible for ensuring that the requirements of these regulations are met.
9.4 No later than September 1 of each school year each charter school shall identify at least 1 professional staff member who holds a current certification in any area of special education in Delaware. Training shall be completed by September 30 of the current school year. The designee shall complete annual training approved by DOE regarding the legal responsibilities of charter schools with respect to preparation of Individual Education Programs for students with disabilities and resources available to charter schools to assist in preparation of such programs.
9.4.1 Each charter school shall notify DOE of any changes in staff appointed as designees within 7 business days of the staff change.
9.4.2 The initial and refresher training shall be the annual training in special education regulations, policies, procedures, and procedural safeguards as outlined in IDEA and Delaware Administrative Code as it relates to special education. DOE shall annually publish dates for this training.
9.5 Reserved
(Authority: 20 U.S.C. 1413(a)(5); 14 Del.C. §§505 and 3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-10.0** Coordination with NIMAC and Purchase of Instructional Materials {#sec-924-10.0 omnilex-key=us-de-regs-official--title-14--924-10.0}
10.1 Coordination with NIMAC: LEAs and other public agencies shall coordinate with the National Instructional Materials Access Center (NIMAC) for the purposes of providing instructional materials to blind persons or other persons with print disabilities. When purchasing print instructional materials, LEAs and other public agencies shall acquire those instructional materials in the same manner, and subject to the same conditions as the DOE under 14 DE Admin. Code 923, Section 72.0.
10.2 Responsibility of LEA and other public agencies: LEAs and other public agencies shall ensure that children with disabilities who need instructional materials in accessible formats but are not included under the definition of blind or other persons with print disabilities in 14 DE Admin. Code 923, subsection 72.4 or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.
(Authority: 20 U.S.C. 1413(a)(6); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-11.0** Information for DOE {#sec-924-11.0 omnilex-key=us-de-regs-official--title-14--924-11.0}
LEAs shall provide the DOE, consistent with a format and timetable acceptable to the Department, with information necessary to enable the DOE to carry out its duties under Part B of the Act, including, with respect to information relating to the performance of children with disabilities participating in programs carried out under Part B of the Act.
(Authority: 20 U.S.C. 1413(a)(7); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-12.0** Public Information {#sec-924-12.0 omnilex-key=us-de-regs-official--title-14--924-12.0}
LEAs shall make available to parents of children with disabilities and to the general public all documents relating to the eligibility of the agency under Part B of the Act.
(Authority: 20 U.S.C. 1413(a)(8); 14 Del.C. §3110; see also 29 Del.C. §10003)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-13.0** Records Regarding Migratory Children with Disabilities {#sec-924-13.0 omnilex-key=us-de-regs-official--title-14--924-13.0}
LEAs shall cooperate with appropriate Delaware and federal agencies to ensure the linkage of records pertaining to migratory children with disabilities for the purpose of electronically exchanging, among the States, health and educational information regarding those children.
(Authority: 20 U.S.C. 1413(a)(9); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-14.0** to 19.0 Reserved {#sec-924-14.0 omnilex-key=us-de-regs-official--title-14--924-14.0}
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-20.0** Exception for Prior Local Plans {#sec-924-20.0 omnilex-key=us-de-regs-official--title-14--924-20.0}
20.1 General: If an LEA or a State agency described in Section 28.0 has on file with the DOE policies and procedures that demonstrate that the LEA or State agency meets any requirement of subsection 1.1, including any policies and procedures filed under Part B of the Act as in effect before December 3, 2004, the DOE shall consider the LEA or State agency to have met that requirement for purposes of receiving assistance under Part B of the Act.
20.2 Modification made by an LEA or State Agency: Subject to subsection 20.3, policies and procedures submitted by an LEA or a State agency in accordance with 14 DE Admin. Code 924 remain in effect until the LEA or State agency submits to the DOE the modifications that the LEA or State agency determines are necessary.
20.3 Modifications required by the DOE. The DOE may require an LEA or a State agency to modify its policies and procedures, but only to the extent necessary to ensure the LEA's or State agency's compliance with Part B of the Act or with Delaware law, if:
20.3.1 After December 3, 2004 (the effective date of the Individuals with Disabilities Education Improvement Act of 2004), the applicable provisions of the Act (or the regulations developed to carry out the Act) are amended;
20.3.2 There is a new interpretation of an applicable provision of the Act by Federal or State courts; or
20.3.3 There is an official finding of noncompliance with Federal or State law or regulations.
20.4 Nothing in this section shall be construed to restrict the DOE from utilizing any other method, activity or authority available to monitor and enforce the requirements of Part B of the Act and these regulations.
(Authority: 20 U.S.C. 1413(b); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-21.0** Notification of LEA or State Agency in Case of Ineligibility {#sec-924-21.0 omnilex-key=us-de-regs-official--title-14--924-21.0}
If the DOE determines that an LEA or State agency is not eligible under Part B of the Act, then the DOE shall notify the LEA or State agency of that determination; and provide the LEA or State agency with reasonable notice and an opportunity for a hearing.
(Authority: 20 U.S.C. 1413(c); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-22.0** LEA and State Agency Compliance {#sec-924-22.0 omnilex-key=us-de-regs-official--title-14--924-22.0}
22.1 General: If the DOE, after reasonable notice and an opportunity for a hearing, finds that an LEA or State agency that has been determined to be eligible under 14 DE Admin. Code 924 is failing to comply with any requirement described in Sections 1.0 through 13.0, any further payments to the LEA or State agency shall be reduced or not provided until the DOE is satisfied that the LEA or State agency is complying with that requirement.
22.2 Notice requirement: Any State agency or LEA in receipt of a notice described in subsection 22.1 shall, by means of public notice, take the measures necessary to bring the pendency of an action pursuant to Section 22.0 to the attention of the public within the jurisdiction of the agency.
22.3 Consideration: In carrying out its responsibilities under Section 22.0, the DOE shall consider any decision resulting from a hearing held under 14 DE Admin. Code 926, Sections 11.0 through 33.0 that is adverse to the LEA or State agency involved in the decision.
(Authority: 20 U.S.C. 1413(d); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-23.0** Joint Establishment of Eligibility {#sec-924-23.0 omnilex-key=us-de-regs-official--title-14--924-23.0}
23.1 General: The DOE may require an LEA to establish its eligibility jointly with another LEA if the DOE determines that the LEA will be ineligible under 14 DE Admin. Code 924 because the agency will not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities.
23.2 Charter school exception: The DOE may not require a charter school that is an LEA to jointly establish its eligibility under subsection 23.1 unless the charter school is explicitly permitted to do so under the State's charter school statute.
23.3 Amounts of payments: If the DOE requires the joint establishment of eligibility under subsection 23.1, the total amount of funds made available to the affected LEAs shall be equal to the sum of the payments that each LEA would have received under 14 DE Admin. Code 928, Section 5.0, if the agencies were eligible for those payments.
(Authority: 20 U.S.C. 1413(e)(1) and (2); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-24.0** Requirements for Establishing Eligibility {#sec-924-24.0 omnilex-key=us-de-regs-official--title-14--924-24.0}
24.1 Requirements for LEAs in general: LEAs that establish joint eligibility under Sections 23.0 and 24.0 shall adopt policies and procedures that are consistent with the State’s policies and procedures and be jointly responsible for implementing programs that receive assistance under Part B of the Act.
24.2 Requirements for educational service agencies in general: If an educational service agency is required by Delaware law to carry out programs under Part B of the Act, the joint responsibilities given to LEAs under Part B of the Act do not apply to the administration and disbursement of any payments received by that educational service agency; and shall be carried out only by that educational service agency.
24.3 Additional requirements: Notwithstanding any other provision of Sections 23.0 and 24.0, an educational service agency shall provide for the education of children with disabilities in the least restrictive environment, as required by 14 DE Admin. Code 923, Section 14.0.
(Authority: 20 U.S.C. 1413(e)(3) and (4); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-25.0** Reserved {#sec-924-25.0 omnilex-key=us-de-regs-official--title-14--924-25.0}
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-26.0** Early Intervening Services {#sec-924-26.0 omnilex-key=us-de-regs-official--title-14--924-26.0}
26.1 General: An LEA may not use more than 15 fifteen percent (15%) of the amount the LEA receives under Part B of the Act for any fiscal year, less any amount reduced by the LEA pursuant to Section 5.0, if any, in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade 3) who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.
26.2 Activities: In implementing coordinated, early intervening services under this section, an LEA may carry out activities that include:
26.2.1 Professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
26.2.2 Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
26.3 Construction: Nothing in Section 26.0 shall be construed to either limit or create a right to FAPE under Part B of the Act or to delay appropriate evaluation of a child suspected of having a disability.
26.4 Reporting: Each LEA that develops and maintains coordinated, early intervening services under this section shall annually report to the DOE, consistent with a format and timetable acceptable to the Department, on:
26.4.1 The number of children served under Section 26.0 who received early intervening services; and
26.4.2 The number of children served under Section 26.0 who received early intervening services and subsequently receive special education and related services under Part B of the Act during the preceding 2-year period.
26.5 Coordination with ESEA: Funds made available to carry out Section 26.0 may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section.
(Authority: 20 U.S.C. 1413(f); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-27.0** Direct Services by the DOE {#sec-924-27.0 omnilex-key=us-de-regs-official--title-14--924-27.0}
27.1 General: The DOE shall use the payments that would otherwise have been available to an LEA or to a State agency to provide special education and related services directly to children with disabilities residing in the area served by that LEA, or for whom that State agency is responsible, if DOE determines that the LEA or State agency:
27.1.1 Has not provided the information needed to establish the eligibility of the LEA or State agency, or elected not to apply for its Part B allotment, under Part B of the Act;
27.1.2 Is unable to establish and maintain programs of FAPE that meet the requirements of these regulations;
27.1.3 Is unable or unwilling to be consolidated with one or more LEAs in order to establish and maintain the programs; or
27.1.4 Has 1 or more children with disabilities who can best be served by a regional or State program or service delivery system designed to meet the needs of these children.
27.2 DOE administrative procedures:
27.2.1 In meeting the requirements in subsection 27.1, DOE may provide special education and related services directly, by contract, or through other arrangements.
27.2.2 The excess cost requirements of subsection 2.2 do not apply to the DOE.
27.3 Manner and location of education and services: The DOE may provide special education and related services under subsection 27.1 in the manner and at the locations (including regional or State centers) as the DOE considers appropriate. The education and services shall be provided in accordance with these regulations.
(Authority: 20 U.S.C. 1413(g); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-28.0** State Agency Eligibility {#sec-924-28.0 omnilex-key=us-de-regs-official--title-14--924-28.0}
28.1 Any state agency that desires to receive a sub grant for any fiscal year under 14 DE Admin. Code 928, Section 5.0 shall demonstrate to the satisfaction of the DOE that:
28.1.1 All children with disabilities who are participating in programs and projects funded under Part B of the Act receive FAPE, and that those children and their parents are provided all the rights and procedural safeguards described in these regulations; and
28.1.2 The agency meets the other conditions of this subpart that apply to LEAs.
(Authority: 20 U.S.C. 1413(h); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
##### **14 Del. Admin. Code § 924-29.0** Disciplinary Information {#sec-924-29.0 omnilex-key=us-de-regs-official--title-14--924-29.0}
29.1 Each public agency shall maintain a discipline record for children with disabilities in accordance with 14 DE Admin. Code 252.
29.2 If a child with a disability transfers from 1 school to another, the transmission of such child's records shall include both the child's current IEP and discipline record in accordance with 14 DE Admin. Code 252.
(Authority: 20 U.S.C. 1413(i); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1059 (04/01/11)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *26 DE Reg. 845 (04/01/23)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1059 (04/01/11)*
- *19 DE Reg. 1017 (05/01/16)*
- *26 DE Reg. 845 (04/01/23)*
### **925** Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs
##### **14 Del. Admin. Code § 925** Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs {#sec-925 omnilex-key=us-de-regs-official--title-14--925}
Non-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 U.S.C. §1407(a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-1.0** Parental Consent {#sec-925-1.0 omnilex-key=us-de-regs-official--title-14--925-1.0}
1.1 Parental consent for initial evaluation: The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability shall, after providing notice consistent with 14 DE Admin. Code 926, Sections 3.0 and 4.0, obtain informed written consent from the parent of the child before conducting the evaluation.
1.1.1 Parental consent for initial evaluation shall not be construed as consent for initial provision of special education and related services.
1.1.2 The public agency shall make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.
1.1.3 For initial evaluations only, if the child is a ward of the State and is not residing with the child's parent, the public agency is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if: Despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the child; the rights of the parents of the child have been terminated in accordance with State law; or the rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
1.1.4 If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under subsection 1.1, or the parent fails to respond to a request to provide consent, the public agency may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards in 14 DE Admin. Code 926 (including the mediation procedures or the due process procedures, if appropriate). The public agency does not violate its obligation under 14 DE Admin. Code 923, Section 11.0 and 14 DE Admin. Code 925, Sections 2.0 through 12.0 if it declines to pursue the evaluation.
1.2 Parental consent for services: A public agency that is responsible for making FAPE available to a child with a disability shall obtain informed consent from the parent of the child before the initial provision of special education and related services to the child. If any Delaware agency obtains consent for the initial provision of special education and related services under the child’s first IEP, and the child transfers to, or subsequently receives services from, another Delaware public agency, the receiving agency shall not be required to obtain parental consent for the provision of special education and related services.
1.2.1 The public agency shall make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.
1.2.2 If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services under subsection 1.2, the public agency:
1.2.2.1 May not use the procedures in 14 DE Admin. Code 926 including the mediation procedures or the due process procedures to obtain agreement or a ruling that the services may be provided to the child;
1.2.2.2 Will not be considered in violation of the requirement to make available FAPE to the child for the failure to provide the child with the special education and related services for which the parent refuses to or fails to provide consent; and
1.2.2.3 Is not required to convene an IEP Team meeting or develop an IEP for the child.
1.2.3 If, at any time after the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency:
1.2.3.1 May not continue to provide special education and related services to the child, but shall provide prior written notice in accordance with 14 DE Admin. Code 926, Section 3.0 before ceasing the provision of special education and related services;
1.2.3.2 May not use the procedures in 14 DE Admin. Code 926 (including the mediation procedures) or the due process procedures in order to obtain agreement or a ruling that the services may be provided to the child;
1.2.3.3 Will not be considered in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and
1.2.3.4 Is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education and related services.
1.3 Parental consent for re-evaluations: Subject to subsection 1.3.1, each public agency shall obtain informed parental consent, in accordance with subsection 1.1 prior to conducting any re-evaluation of a child with a disability.
1.3.1 If the parent refuses to consent to the re-evaluation, the public agency may pursue the re-evaluation by using the consent override procedures described in subsection 1.1.4.
1.3.2 The public agency does not violate its obligation under 14 DE Admin. Code 923, Section 11.0 and 925, Sections 3.0 through 6.0 if it declines to pursue the evaluation or re-evaluation.
1.3.3 The informed parental consent described in subsection 1.3 need not be obtained if the public agency can demonstrate that it made reasonable efforts to obtain such consent; and the child's parent has failed to respond.
1.4 Other consent requirements: Parental consent is not required before reviewing existing data as part of an evaluation or a re-evaluation; or administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.
1.5 Each public agency shall establish and implement effective procedures to ensure that a parent's refusal to consent does not result in a failure to provide the child with FAPE.
1.6 A public agency may not use a parent's refusal to consent to 1 service or activity under this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by these regulations.
1.7 If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the re-evaluation, or the parent fails to respond to a request to provide consent, the public agency may not use the consent override procedures in subsections 1.1.4 and 1.3; and the public agency is not required to consider the child as eligible for services under 14 DE Admin. Code 923, Sections 32.0 through 44.0.
1.8 To meet the reasonable efforts requirement of this section, the public agency shall document its attempts to obtain parental consent using the procedures in subsection 9.6.
(Authority: 20 U.S.C. 1414(a)(1)(D) and 1414(c); 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-2.0** Initial Evaluations {#sec-925-2.0 omnilex-key=us-de-regs-official--title-14--925-2.0}
2.1 Initial Evaluations General: Each public agency shall conduct a full and individual initial evaluation in accordance with Sections 5.0 and 6.0 before the initial provision of special education and related services to a child with a disability under these regulations. The initial evaluation shall be completed in a manner which precludes undue delay in the evaluation of students.
2.2 Request for initial evaluation: Consistent with the consent requirements in Section 1.0, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.
2.3 Procedures for initial evaluation: Within 45 school days or 90 calendar days, whichever is less, of receiving written parental consent, the initial evaluation shall be conducted; and the child’s eligibility for special education and related services shall be determined at a meeting convened for that purpose. The initial evaluation shall consist of procedures to determine if the child is a child with a disability as defined in 14 DE Admin. Code 922, Section 3.0; and to determine the educational needs of the child.
2.4 Exception: The time frame described in subsection 2.3 does not apply to a public agency if:
2.4.1 The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
2.4.2 A child enrolls in a school of another public agency after the relevant time frame in subsection 2.3 has begun, and prior to a determination by the child's previous public agency as to whether the child is a child with a disability.
2.5 The exception in subsection 2.4.2 applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed.
2.6 Screening for instructional purposes is not evaluation: The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered an evaluation for eligibility for special education and related services.
(Authority: 20 U.S.C. 1414(a); 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-3.0** Re-evaluations {#sec-925-3.0 omnilex-key=us-de-regs-official--title-14--925-3.0}
3.1 General: A public agency shall ensure that a re-evaluation of each child with a disability is conducted in accordance with14 DE Admin. Code 925, Sections 4.0 through 12.0 if the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a re-evaluation; or if the child's parent or teacher requests a re-evaluation.
3.2 Limitation: A re-evaluation conducted under subsection 3.1 may occur not more than once a year, unless the parent and the public agency agree otherwise; and shall occur at least once every 3 years, unless the parent and the public agency agree that a re-evaluation is unnecessary.
3.3 A public agency shall initiate a re-evaluation when varied and multiple data sources indicate that a child’s performance has improved such that the child may no longer require special education and related services.
(Authority: 20 U.S.C. 1414(a)(2); 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-4.0** Evaluation Procedures {#sec-925-4.0 omnilex-key=us-de-regs-official--title-14--925-4.0}
4.1 Notice: The public agency shall provide notice to the parents of a child with a disability, in accordance with 14 DE Admin. Code 926, Section 3.0, that describes any evaluation procedures the agency proposes to conduct.
4.2 Conduct of evaluation: In conducting the evaluation, the public agency shall:
4.2.1 Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining whether the child is a child with a disability as defined under 14 DE Admin. Code 922, Section 3.0, and the content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities); and
4.2.2 Include an observation in the child's learning environment; and
4.2.3 Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors; but
4.2.4 May not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or for determining an appropriate educational program for the child.
4.3 Other evaluation procedures: Each public agency shall ensure that:
4.3.1 Assessments and other evaluation materials used to assess a child under these regulations:
4.3.1.1 Are selected and administered so as not to be discriminatory on a racial or cultural basis;
4.3.1.2 Are provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;
4.3.1.3 Are used for the purposes for which the assessments or measures are valid and reliable;
4.3.1.4 Are administered by trained and knowledgeable personnel, including but not limited to, a qualified evaluation specialist who has met State approval or recognized certification, licensing, registration, or other comparable requirements which apply to the area in which the personnel is providing student evaluation services; and
4.3.1.5 Are administered in accordance with any instructions provided by the producer of the assessments.
4.3.2 Each public agency shall ensure that assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.
4.3.3 Each public agency shall ensure that assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).
4.3.4 The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;
4.3.5 Assessments of children with disabilities who transfer from 1 public agency to another public agency in the same school year are coordinated with those children's prior and subsequent schools, as necessary and as expeditiously as possible, consistent with subsection 2.4, to ensure prompt completion of full evaluations.
4.3.6 In evaluating each child with a disability under Sections 4.0 through 6.0, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the child’s educational classifications.
4.3.7 Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided.
(Authority: 20 U.S.C. 1414(b)(1)-(3), 1412(a)(6)(B); 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-5.0** Additional Requirements for Evaluations and Re-evaluations {#sec-925-5.0 omnilex-key=us-de-regs-official--title-14--925-5.0}
5.1 Review of existing evaluation data: As part of an initial evaluation (if appropriate) and as part of any re-evaluation under these regulations, the IEP Team and other qualified professionals, as appropriate, shall review existing evaluation data on the child, including:
5.1.1 Evaluations and information provided by the parents of the child;
5.1.2 Current classroom-based, local, or State assessments, and classroom-based observations; and
5.1.3 Observations by teachers and related services providers; and
5.1.4 On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine:
5.1.4.1 Whether the child is a child with a disability, as defined in 14 DE Admin. Code 922, Section 3.0, and the educational needs of the child; or
5.1.4.2 In case of a re-evaluation of a child, whether the child continues to be a child with a disability, and the educational needs of the child; the present levels of academic achievement and related developmental needs of the child; whether the child needs special education and related services; or
5.1.4.3 In the case of a re-evaluation of a child, whether the child continues to need special education and related services; and whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.
5.2 Conduct of review: The group described in subsection 5.1 may conduct its review without a meeting as described in 34 CFR §300.305 (b).
5.3 Source of data: The public agency shall administer such assessments and other evaluation measures as may be needed to produce the data identified under subsection 5.1.
5.4 Requirements if additional data are not needed: If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, and to determine the child's educational needs, the public agency shall notify the child's parents of that determination and the reasons for the determination; and notify the parents of their right to request an assessment to determine whether the child continues to be a child with a disability, and to determine the child's educational needs. The public agency is not required to conduct the assessment described in subsection 5.4 unless requested to do so by the child's parents.
5.5 Evaluations before change in eligibility, including change in Educational Classification: Except as provided in subsection 5.5.1, a public agency shall evaluate a child with a disability in accordance with Sections 4.0 through 6.0 before determining that the child is no longer a child with a disability.
5.5.1 The evaluation described in subsection 5.5 is not required before the termination of a child's eligibility under these regulations due to the child’s graduation from secondary school with a regular diploma, or due to the child reaching their 22nd birthdate.
5.5.2 For a child whose eligibility terminates under circumstances described in subsection 5.5.1, a public agency shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.
(Authority: 20 U.S.C. 1414(c); 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-6.0** Determination of Eligibility {#sec-925-6.0 omnilex-key=us-de-regs-official--title-14--925-6.0}
6.1 General: Upon completion of the administration of assessments and other evaluation measures, the child’s IEP Team shall determine whether the child is a child with a disability, as defined in 14 DE Admin. Code 922, Section 3.0, in accordance with subsection 6.3, and shall determine the educational needs of the child. The IEP Team shall document its eligibility determination in an evaluation summary report. The public agency shall provide a copy of the evaluation summary report and other reports created to determine eligibility at no cost to the parent.
6.2 Special rule for eligibility determination: A child shall not be determined to be a child with a disability under 14 DE Admin. Code 922, Section 3.0 if the determinant factor for that determination is:
6.2.1 Lack of appropriate instruction in reading, meaning lack of instruction in the essential components of reading instruction which are phonemic awareness, phonics, vocabulary development, reading fluency (including oral reading skills), and reading comprehension strategies; or
6.2.2 Lack of appropriate instruction in math; or
6.2.3 Limited English proficiency; and
6.2.4 If the child does not otherwise meet the eligibility criteria to be determined a child with a disability as defined in 14 DE Admin. Code 922, Section 3.0.
6.3 Procedures for determining eligibility and educational need: Eligibility decisions may include historical information to the extent relevant to the child’s current needs. In interpreting evaluation data for the purpose of determining if a child is a child with a disability under 14 DE Admin. Code 922, Section 3.0, and the educational needs of the child, each public agency shall:
6.3.1 Draw upon information from a variety of sources, including, as appropriate, aptitude and achievement tests, information acquired from 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) processes, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and ensure that information obtained from all of these sources is documented and carefully considered.
6.3.2 Each LEA shall include a certified school psychologist in all eligibility determinations.
6.4 If a determination is made that a child has a disability and needs special education and related services, an IEP shall be developed for the child in accordance with Sections 7.0 through 11.0.
6.5 Educational Classifications in General and Exit Criteria
6.5.1 There are 12 distinct educational classifications: Autism, Developmental Delay, Deaf-Blind (also referred to as “Dual Sensory Impairment”), Emotional Disability, Hearing Impairment (also referred to as “deaf” or “hard of hearing”), Specific Learning Disability, Intellectual Disability, Orthopedic Impairment, Other Health Impairment, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment Including Blindness. Eligibility criteria, disability-specific evaluation procedures, re-evaluation procedures, documentation and additional IEP Team members necessary for each educational classification are delineated in subsections 6.6 through 6.18.
6.5.2 A child shall be entitled to receive special education and related services, and shall be eligible to be counted as a special education student for purposes of the unit funding system established under 14 Del.C. Ch. 17, when the child’s IEP Team has determined that the child meets the eligibility criteria of at least 1 of the educational classifications in this section, and by reason thereof, needs special education and related services.
6.5.3 A child’s IEP Team may determine that a child is eligible for special education and related services under more than 1 educational classification. The educational classification selected by the IEP Team shall not be a relevant factor in determining whether the child received FAPE, provided that the child’s IEP is based on the child’s educational needs.
6.5.4 When an IEP Team determines that a child is eligible for special education and related services under more than 1 educational classification, the child’s primary educational classification shall be recorded first on the IEP.
6.5.5 Exit Criteria: A child’s eligibility for special education and related services shall terminate when:
6.5.5.1 The child reaches their 22nd birthdate. A child with a disability who reaches their 22nd birthdate after August 31 the first pupil day as denoted in the LEA calendar where the child is enrolled may continue to receive special education and related services until the end of the school year, including appropriate summer services through August 31; or
6.5.5.2 The child graduates from high school with a regular high school diploma. As used in this subsection, regular high school diploma does not include a GED; or
6.5.5.3 The IEP Team determines the child is no longer a child with a disability in need of special education and related services. In making such determination, the team shall consider: eligibility criteria; data based and documented measures of educational progress; and other relevant information.
6.6 Autism
6.6.1 Eligibility Criteria: Autism is a developmental disability significantly affecting verbal and nonverbal communication and social interaction. It is generally, but may not be, evident before the age of 3. A child is eligible for special education and related services under the Autism educational classification when the child’s IEP Team finds that:
6.6.1.1 The child displays, or displayed by history, persistent impairments in social communication and social interaction, across multiple contexts, which manifest as:
6.6.1.1.1 Deficits in social-emotional reciprocity;
6.6.1.1.2 Deficits in non-verbal communicative behaviors used for social interaction; or
6.6.1.1.3 Deficits in developing, maintaining, and understanding relationships; and
6.6.1.2 The child displays, or displayed by history, restricted, repetitive patterns of behavior, characteristics, interests, or activities, that are not age or developmentally appropriate, which manifest as:
6.6.1.2.1 Stereotyped or repetitive motor movements, use of objects or speech;
6.6.1.2.2 Insistence on sameness, inflexible adherence to routines, or ritualized patterns of verbal or nonverbal behavior;
6.6.1.2.3 Highly restricted, fixated interests that are abnormal in intensity or focus; or
6.6.1.2.4 Hyper- or hypo-reactivity to sensory input or unusual interests in sensory aspects of the environment; and
6.6.1.3 The displayed impairments or patterns must result in a significant impairment in important areas of functioning and be persistent across multiple contexts, including a variety of people, tasks and settings; and
6.6.1.4 One or more of the displayed impairments or patterns must have an adverse effect on the child’s educational performance as that term is defined in 14 DE Admin. Code 922, Section 3.0.
6.6.2 Age of Eligibility: A child is eligible for special education and related services under the Autism educational classification from birth until the student’s receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22 as per 14 DE Admin. Code 925, subsection 6.5.5.1, whichever occurs first.
6.6.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Autism if the child meets the criteria in subsection 6.6.1 and the adverse effects on the child’s educational performance cannot primarily be explained by an emotional disability, intellectual disability, developmental delay, or factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2.
6.6.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, in order to determine a child’s eligibility for special education and related services under the Autism educational classification, the child’s IEP Team shall obtain data from the following sources:
6.6.4.1 Specialized, validated assessment tools that provide specific evidence of the features of the educational classification of Autism described above; and
6.6.4.2 Observations of the child across structured and unstructured contexts.
6.6.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP Team shall follow the procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.6.
6.6.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation required for eligibility under an Autism educational classification shall be provided by individuals who have specific training in the assessment of students with the educational classification of Autism. This means individuals with training in the administration of the assessment procedures referenced in subsection 6.6.4 and interpretation of the data obtained from procedures used such as, a licensed psychologist, certified school psychologist, or licensed and certified speech-language pathologist.
6.6.7 Additional IEP Team Members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a certified school psychologist and a licensed and certified speech-language pathologist are required to be members of the IEP Team for the purpose of determining eligibility.
6.7 Developmental Delay
6.7.1 Eligibility Criteria: A child is eligible for special education and related services under the Developmental Delay classification if the child's IEP Team finds that the child exhibits a significant delay or, in the alternative, atypical development in 1 or more of the following developmental domains: cognition, communication (expressive or receptive), physical (gross motor or fine motor), social, emotional, or adaptive behavior; and that the presence of 1 or more documented characteristics of the significant delay or atypical development has an adverse effect on educational performance as defined in 14 DE Admin. Code 922, Section 3.0.
6.7.1.1 A significant delay shall be shown by:
6.7.1.1.1 Standardized composite test scores of 1.5 or more standard deviations below the mean in 2 or more of the following developmental domains: cognition, communication (expressive or receptive), physical (gross motor or fine motor), social or emotional, and adaptive behavior; or
6.7.1.1.2 Standardized composite test scores of 2.0 or more standard deviations below the mean in any 1 of the developmental domains: cognition, communication/expressive or receptive; physical (gross motor or fine motor); social or emotional, and adaptive behaviors.
6.7.1.2 If a child does not exhibit a significant delay, atypical development may be determined by the professional judgment of the IEP Team and documented in the evaluation summary report. This judgment is based on multiple sources of information, showing a significant atypical quality or pattern of development or behavior occurring in multiple settings over an extended period of time.
6.7.2 Age of Eligibility: A child is eligible for special education and related services under the Developmental Delay educational classification from the child’s 3rd birthdate until the child’s 9th birthdate.
6.7.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Developmental Delay if the child meets the criteria in subsection 6.7.1 and the adverse effects on the child’s educational performance cannot primarily be explained by a significant visual or hearing impairment, cultural factors, or factors listed under the special rule for eligibility in 14 DE Admin. Code 925, subsection 6.2.
6.7.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, to determine a child's eligibility for special education and related services under the Developmental Delay educational classification, the child's IEP Team shall obtain the following data:
6.7.4.1 Developmental history;
6.7.4.2 Medical history;
6.7.4.3 Interview with the child’s parent or guardian;
6.7.4.4 Behavioral observations of the child in their daily environment, which may include the child's home with a parent or caregiver, or an education or care setting, which includes peers who are typically developing;
6.7.4.5 Standardized norm-referenced instruments or other instruments, such as criterion referenced measures; and
6.7.4.6 Other assessments, which could be used for intervention planning, such as dynamic assessments, behavior rating scales, or language samples.
6.7.5 Re-evaluation procedures: For purposes of continued eligibility determination, the IEP Team shall follow the procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.7.
6.7.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation required to determine eligibility under a Developmental Delay educational classification shall be provided by a qualified professional such as, a licensed psychologist or certified school psychologist.
6.7.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a certified school psychologist is required to be a member of the IEP Team for the purpose of determining eligibility.
6.8 Deaf-Blind also be referred to as “Dual Sensory Impairment”
6.8.1 Eligibility Criteria: A child is eligible for special education and related services under the Deaf-Blind educational classification when the child’s IEP Team finds that the child has concomitant hearing and visual impairments, the combination of which has an adverse effect on educational performance as defined in 14 DE Admin. Code 922, Section 3.0 such that the concomitant impairments cause such severe communication and other developmental and educational needs that the child cannot be accommodated in special education programs or related services solely for children with deafness or children with blindness.
6.8.1.1 Applicable hearing impairments include:
6.8.1.1.1 A permanent conductive, sensorineural, or mixed hearing loss of 20 dB HL or greater at 2 or more frequencies between 500-6000 Hz, either unilaterally or bilaterally; or
6.8.1.1.2 A fluctuating hearing loss greater than 20 dB HL at 2 or more frequencies between 500-6000 Hz, either unilaterally or bilaterally and persists for more than 6 months; or
6.8.1.1.3 Auditory Neuropathy Spectrum Disorder (ANSD), which is defined as the presence of at least partial outer hair cell function and an absent or grossly abnormal ABR (Auditory Brainstem Response). A behavioral audiogram cannot be used to diagnose ANSD; or
6.8.1.1.4 A hearing impairment that does not meet the criteria in subsections 6.8.1.1.1 through 6.8.1.1.3.
6.8.1.2 Applicable visual impairments include:
6.8.1.2.1 Partial sight, including but not limited to macular holes, oscillopsia, and central vision loss; or blindness; or neurological conditions (not perceptual impairments); or a progressive loss of vision; and corrected visual acuity of 20/50 or less in the better eye, or a peripheral field so contracted that the widest lateral field of vision subtends less than 40 degrees; or
6.8.1.2.2 A cortical vision impairment; or
6.8.1.2.3 A functional vision loss where field and acuity deficits alone do not meet the criteria in subsections 6.8.1.2.1 or 6.8.1.2.2.
6.8.2 Age of Eligibility: A child is eligible for special education and related services under the Deaf-Blind educational classification from birth until the child’s receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.
6.8.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Deaf-Blind if the child meets the criteria in subsection 6.8.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2.
6.8.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, in order to determine a child’s eligibility for special education and related services under the Deaf-Blind educational classification, the child’s IEP Team shall obtain the following:
6.8.4.1 Documentation of the visual and hearing impairments by a qualified medical professional as defined in 14 DE Admin. Code 925, subsection 6.8.6; and
6.8.4.2 An audiological evaluation that is no more than 6 months old, unless otherwise specified by the licensed audiologist.
6.8.5 Re-evaluation Procedures
6.8.5.1 For purposes of continued eligibility determination, the IEP Team shall follow the procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.8; and
6.8.5.2 Make every effort to obtain updated documentation related to the student’s visual impairment; and
6.8.5.3 Obtain an audiological evaluation that is no more than 1 year old, unless otherwise specified by the licensed audiologist.
6.8.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation required for eligibility under the Deaf-Blind educational classification shall be provided as follows:
6.8.6.1 Documentation of the child’s hearing impairment shall be provided by a qualified medical professional who can certify the existence of a hearing impairment with or without amplification such as, a licensed audiologist.
6.8.6.2 Documentation of the child’s visual impairment shall be provided by a qualified medical professional, such as a licensed ophthalmologist, optometrist, or neurologist, who can certify the existence of a visual impairment. If impaired visual acuity is unable to be determined by a licensed optometrist or ophthalmologist, a functional vision evaluation can be completed by a teacher of the visually impaired or deaf-blind teacher and used to document functional vision loss to qualify for services.
6.8.7 Additional IEP Team Members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a licensed audiologist or a teacher of students who are deaf or hard of hearing, a certified school psychologist, a team member from the statewide programs for Deaf-Blind, and a licensed and certified speech-language pathologist are required to be members of the IEP Team for the purpose of determining eligibility.
6.9 Emotional Disability
6.9.1 Eligibility Criteria: A child is eligible for special education and related services under the Emotional Disability educational classification if the child’s IEP Team finds that the child exhibits an identified pattern of behavior that has existed over a long period of time and to a marked degree as defined in subsection 6.9.1.1 or has a psychiatric disorder, such as schizophrenia; and that pattern of behavior or psychiatric disorder adversely affects the child's educational performance as defined in 14 DE Admin. Code 922, Section 3.0.
6.9.1.1 Patterns of behavior in subsection 6.9.1 shall be characterized by 1 or more of the following:
6.9.1.1.1 Situationally inappropriate behavior for the child's age. This refers to recurrent behaviors that clearly deviate from behaviors normally expected of other children of similar age under similar circumstances. That is, the child’s characteristic behaviors are sufficiently distinct from those of the child’s peer groups; or
6.9.1.1.2 A general pervasive mood of unhappiness or depression; or
6.9.1.1.3 A tendency to develop physical symptoms or fears associated with personal or school problems; or
6.9.1.1.4 An inability to build or maintain satisfactory interpersonal relationships with peers, teachers and others.
6.9.1.2 If applicable, prior to or as part of the eligibility process, the IEP Team must find that the student demonstrates insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS).
6.9.2 Age of Eligibility: A child is eligible for special education and related services under the Emotional Disability educational classification from the child’s 3rd birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the child attains the age of 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.
6.9.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Emotional Disability if the child meets the criteria in subsection 6.9.1 and the adverse effect on educational performance cannot primarily be explained by intellectual, sensory, cultural, health factors, or factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2.
6.9.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, in order to determine a child’s eligibility for special education and related services under the Emotional Disability educational classification, the child’s IEP Team shall obtain data from the following:
6.9.4.1 A review of educational records;
6.9.4.2 A social/developmental history with input from the parent or guardian that addresses developmental, familial, medical/health, and environmental factors impacting learning and behavior;
6.9.4.3 Standardized rating scales;
6.9.4.4 A child interview;
6.9.4.5 Behavioral observations by teachers and at least 1 other member of the IEP Team; and
6.9.4.6 If applicable, evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS).
6.9.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP Team shall follow the procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.9.
6.9.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation required for eligibility under an Emotional Disability educational classification shall be provided by a qualified professional such as a licensed psychologist or certified school psychologist.
6.9.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a certified school psychologist is required to be a member of the IEP Team for the purpose of determining eligibility.
6.10 Hearing Impairment Classification also referred to as “deaf” or “hard of hearing”
6.10.1 Eligibility Criteria: A child is eligible for special education and related services under the Hearing Impairment educational classification if the child has a hearing impairment under subsection 6.10.1.1 and that the hearing impairment adversely affects the child’s educational performance as defined in 14 DE Admin. Code 922, Section 3.0. Adverse effects of hearing impairments may be exhibited by 1 or more of the examples listed in subsection 6.10.1.2.
6.10.1.1 Applicable hearing impairment shall be:
6.10.1.1.1 A permanent conductive, sensorineural or mixed hearing loss of 20 dB HL or greater at 2 or more frequencies between 500-6000 Hz, either unilaterally or bilaterally; or
6.10.1.1.2 A fluctuating hearing loss greater than 20 dB HL at 2 or more frequencies between 500-6000 Hz, either unilaterally or bilaterally, and persists for more than 6 months; or
6.10.1.1.3 Auditory Neuropathy Spectrum Disorder (ANSD), which is defined as the presence of at least partial outer hair cell function and an absent or grossly abnormal ABR (Auditory Brainstem Response). A behavioral audiogram cannot be used to diagnose ANSD.
6.10.2 Age of Eligibility: A child is eligible for special education and related services under the Hearing Impairment educational classification from the child’s birth until the child’s receipt of a regular high school diploma or the end of the school year in which the child attains the age of 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.
6.10.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Hearing Impairment if the child meets the criteria in subsection 6.10.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2.
6.10.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, in order to determine a child’s eligibility for special education and related services under the Hearing Impairment educational classification, the child’s IEP Team shall obtain the following:
6.10.4.1 Documentation of the hearing impairment by a qualified medical professional as defined in 14 DE Admin. Code 925, subsection 6.10.6, and
6.10.4.2 An audiological evaluation that is no more than 6 months old, unless otherwise specified by a licensed audiologist.
6.10.5 Re-evaluation Procedures
6.10.5.1 For purposes of continued eligibility determination, the IEP Team shall follow the procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.10; and
6.10.5.2 Obtain an audiological evaluation that is no more than 1 year old, unless otherwise specified by a licensed audiologist.
6.10.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation of the child’s hearing impairment shall be provided by a qualified medical professional who can certify the existence of a hearing impairment with or without amplification, such as a licensed audiologist.
6.10.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a licensed audiologist or a teacher of students who are deaf or hard of hearing, a certified school psychologist, and a licensed and certified speech-language pathologist are required to be members of the IEP Team for the purpose of determining eligibility.
6.11 Specific Learning Disability
6.11.1 Eligibility Criteria: A child is eligible for special education and related services under the Specific Learning Disability educational classification if the child exhibits a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations that have an adverse effect on the child's educational performance as defined in 14 DE Admin. Code 922, Section 3.0, as evidenced by:
6.11.1.1 Lack of achievement: If, when provided with learning experiences and instruction appropriate for the child's age or State approved grade level standard, the child does not achieve adequately for the child's age or to meet State approved grade level standards in 1 or more of the following areas:
6.11.1.1.1 Oral expression;
6.11.1.1.2 Listening comprehension;
6.11.1.1.3 Written expression;
6.11.1.1.4 Basic reading skill;
6.11.1.1.5 Reading fluency skills;
6.11.1.1.6 Reading comprehension;
6.11.1.1.7 Mathematics calculation;
6.11.1.1.8 Mathematics problem solving; and
6.11.1.2 Insufficient progress: The child does not make sufficient progress to meet age or State approved grade level standards in 1 or more of the areas identified in subsection 6.11.1.1 of this regulation, when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS); or
6.11.1.3 Pattern of strengths and weaknesses: The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the child’s IEP Team to be relevant to the identification of a Specific Learning Disability, using appropriate assessments, consistent with 14 DE Admin. Code 925, Sections 4.0 and 5.0.
6.11.1.4 Elimination of Discrepancy Model: Public agencies shall not use discrepancy between achievement and intellectual ability to determine eligibility for special education and related services under the Specific Learning Disability classification.
(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6))
[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31912, July 11, 2017]
34 CFR 300.307
34 CFR 300.309
6.11.2 Age of Eligibility: A child is eligible for special education and related services under the Specific Learning Disability educational classification from the child’s 5th birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the child attains the age of 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.
6.11.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Specific Learning Disability if the child meets the criteria in subsection 6.11.1, and the adverse effect on educational performance cannot primarily be explained by:
6.11.3.1 A visual, hearing or motor disability;
6.11.3.2 Intellectual Disability;
6.11.3.3 Emotional Disability;
6.11.3.4 Cultural factors;
6.11.3.5 Environmental or economic disadvantage;
6.11.3.6 Limited English proficiency; or
6.11.3.7 Any of the other factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2. In order to ensure that underachievement in a child suspected of having a Specific Learning Disability is not due to lack of appropriate instruction in reading or math, the child’s IEP Team shall consider, as part of the evaluation described in 34 CFR 300.304 through 300.306:
6.11.3.7.1 Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and
6.11.3.7.2 Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child's parents.
6.11.3.8 The public agency shall promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and shall adhere to the timeframes described in 34 CFR 300.301 and 300.303, unless extended by mutual written agreement of the child's parents and a group of qualified professionals, as described in 34 CFR 300.306(a)(1).
6.11.3.8.1 If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in subsection 6.11.3.7; and
6.11.3.8.2 Whenever a child is referred for an evaluation.
[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31912, July 11, 2017]
34 CFR 300.309
6.11.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, in order to determine a child’s eligibility for special education and related services under the Specific Learning Disability educational classification, the child’s IEP Team shall obtain data from the following:
6.11.4.1 Data that demonstrate that prior to, or as part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS);
6.11.4.2 Observation of the child in the child's learning environment (including the regular classroom setting) to document the child's academic performance and behavior in the areas of difficulty, including:
6.11.4.2.1 Observation in routine classroom instruction and monitoring of the child's performance done before the child was referred for an evaluation or at least 1 member of the IEP Team may conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent is obtained; or
6.11.4.2.2 In the case of a child less than school age or out of school, an IEP Team member shall observe the child in an environment appropriate for a child of that age.
(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6); 14 Del.C. §3110) 34 CFR 300.310
6.11.4.3 Evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) or evidence of a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development (see subsection 6.11.1.3);
6.11.4.4 Assessments of intellectual functioning are not required to determine eligibility for special education and related services under the Specific Learning Disability educational classification, but may be used for students suspected of having an intellectual disability or where a problem-solving team as defined in 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) or the child’s IEP Team and the parent determine such tests are relevant in selecting appropriate instructional or behavioral interventions.
(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6); 14 Del.C. §3110)
6.11.5 Re-evaluation procedures: For purposes of continued eligibility determination, the IEP Team shall follow the procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.11.
6.11.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation required to determine eligibility under a Specific Learning Disability classification shall be provided by a qualified professional such as a certified school psychologist, and in cases in which a child may be eligible in the areas of oral expression or listening comprehension, a licensed and certified speech-language pathologist. For a child suspected of having a Specific Learning Disability, the documentation of the determination of eligibility, as required in 34 CFR 300.306(a)(2), shall contain a statement of:
6.11.6.1 Whether the child has a Specific Learning Disability;
6.11.6.2 The basis for making the determination, including an assurance that the determination has been made in accordance with 34 CFR 300.306(c)(1);
6.11.6.3 The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning;
6.11.6.4 The educationally relevant medical findings, if any;
6.11.6.5 Whether:
6.11.6.5.1 The child does not achieve adequately for the child's age or to meet State-approved grade-level standards consistent with 34 CFR 300.309(a)(1); and
6.11.6.5.2 The child does not make sufficient progress to meet age or State-approved grade-level standards consistent with 34 CFR 300.309(a)(2)(i); or
6.11.6.5.3 The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with 34 CFR 300.309(a)(2)(ii);
6.11.6.6 The determination of the child’s IEP Team concerning the effects of a visual, hearing, motor disability, or an intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's achievement level; and
6.11.6.7 If the child has participated in a process that assesses the child's response to scientific, research-based intervention within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS);
6.11.6.7.1 The instructional strategies used and the student-centered data collected; and
6.11.6.7.2 The documentation that the child's parents were notified about:
6.11.6.7.2.1 The State's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;
6.11.6.7.2.2 Strategies for increasing the child's rate of learning; and
6.11.6.7.2.3 The parents’ right to request an evaluation.
6.11.6.8 Each IEP Team member shall certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the IEP Team member shall submit a separate statement presenting the member's conclusions.
(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6); 14 Del.C. §3110)
[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31913, July 11, 2017]
34 CFR 300.311
6.11.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a general education teacher and a certified school psychologist are required to be members of the IEP Team for the purpose of determining eligibility. In cases in which a child may be eligible in the areas of oral expression or listening comprehension, a licensed and certified speech-language pathologist shall also be a member of the IEP Team.
(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6))
34 CFR 300.308
6.12 Intellectual Disability
6.12.1 Eligibility Criteria: A child is eligible for special education and related services under the Intellectual Disability educational classification if the child has significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that has an adverse effect on the child's educational performance as referred to in 14 DE Admin. Code 922, Section 3.0. A child may be eligible under the Intellectual Disability educational classification in 1 of the following subcategories: mild, moderate or severe.
6.12.1.1 Mild Intellectual Disability. The child exhibits a level of cognitive development and adaptive behavior in home, school, and community settings that is mildly below age expectations with respect to the following:
6.12.1.1.1 Performance on an individually administered test of intelligence that falls within a range of IQ 50 to 70 +/- 5 points; and
6.12.1.1.2 Significant adaptive behavior limitations, commensurate with cognitive functioning, in at least 1 of the following areas:
6.12.1.1.2.1 Conceptual skills;
6.12.1.1.2.2 Social adaptive skills;
6.12.1.1.2.3 Practical adaptive skills, or
6.12.1.1.3 An overall composite score on a standardized measure of adaptive behavior, and
6.12.1.1.4 Insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS).
6.12.1.2 Moderate Intellectual Disability. The child exhibits a level of cognitive development and adaptive behavior in home, school, and community settings that is moderately below age expectations with respect to the following:
6.12.1.2.1 Performance on an individually administered test of intelligence that falls within a range of IQ 35 to 50 +/- 5 points; and
6.12.1.2.2 Significant adaptive behavior limitations, commensurate with cognitive functioning, in at least 1 of the following areas:
6.12.1.2.2.1 Conceptual skills,
6.12.1.2.2.2 Social adaptive skills,
6.12.1.2.2.3 Practical adaptive skills, or
6.12.1.2.3 An overall composite score on a standardized measure of adaptive behavior.
6.12.1.3 Severe Intellectual Disability. The child exhibits a level of cognitive development and adaptive behavior in home, school, and community settings that is severely below age expectations with respect to the following:
6.12.1.3.1 Performance on an individually administered test of intelligence that falls within a range of IQ below 35; and
6.12.1.3.2 Significant adaptive behavior limitations, commensurate with cognitive functioning, in at least 1 of the following areas:
6.12.1.3.2.1 Conceptual skills,
6.12.1.3.2.2 Social adaptive skills,
6.12.1.3.2.3 Practical adaptive skills, or
6.12.1.3.3 An overall composite score on a standardized measure of adaptive behavior.
6.12.2 Age of Eligibility: A child is eligible for special education and related services under the Intellectual Disability educational classification from the child’s 3rd birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the child attains the age of 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.
6.12.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Intellectual Disability if the child meets the criteria in subsection 6.12.1, and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2.
6.12.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, in order to determine a child’s eligibility for special education and related services under the Intellectual Disability educational classification, the child’s IEP Team shall obtain data from the following:
6.12.4.1 Observations of the child including adaptive behaviors relevant to the child's age, and
6.12.4.2 For a mild intellectual disability, evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS).
6.12.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP Team shall follow procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.12.
6.12.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation required for eligibility under an Intellectual Disability educational classification shall be provided by a licensed psychologist or certified school psychologist.
6.12.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925.8.0, a certified school psychologist is required to be a member of the IEP Team for the purpose of determining eligibility.
6.12.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a certified school psychologist is required to be a member of the IEP Team for the purpose of determining eligibility.
6.13 Orthopedic Impairment
6.13.1 Eligibility Criteria: A child is eligible for special education and related services under the educational classification of Orthopedic Impairment if the child has an orthopedic impairment caused by a congenital anomaly (e.g., skeletal deformities), or disease (e.g., juvenile rheumatoid arthritis, osteogenesis imperfecta), or other causes (e.g., muscular or neuromuscular disabilities, cerebral palsy, amputations, and fractures or burns that cause contractures) that has an adverse effect on the child's educational performance as defined in 14 DE Admin. Code 922, Section 3.0.
6.13.2 Age of Eligibility: A child is eligible for special education and related services under the Orthopedic Impairment education classification from the child’s 3rd birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the child attains the age of 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.
6.13.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Orthopedic Impairment if the child meets the criteria in subsection 6.13.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2.
6.13.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, to determine a child’s eligibility for special education and related services under the Orthopedic Impairment educational classification, the child’s IEP Team shall obtain the following:
6.13.4.1 Documentation of the orthopedic impairment by a qualified professional as described in 14 DE Admin. Code 925, subsection 6.13.6, and
6.13.4.2 Results from physical or occupational therapy evaluations using appropriate measures, which identify educational and related service needs, as well as environmental adjustments necessary.
6.13.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP Team shall follow procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.13; and should make every effort to obtain updated documentation related to the student’s orthopedic impairment.
6.13.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation of the child’s orthopedic impairment shall be provided by a qualified medical professional who can certify the existence of an orthopedic impairment.
6.13.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a certified school psychologist and at least 1 of the following shall be members of the IEP Team for the purpose of determining eligibility: a physical therapist, occupational therapist, or nurse.
6.14 Other Health Impairment
6.14.1 Eligibility Criteria: A child is eligible for special education and related services under the educational classification of Other Health Impairment if the child has a chronic or acute health condition such as, asthma, attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, or Tourette syndrome, that has an adverse effect on the child's educational performance as defined in 14 DE Admin. Code 922, Section 3.0.
6.14.1.1 If applicable, prior to or as part of the eligibility process, the IEP Team must find that the student demonstrates insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS).
6.14.1.2 For attention deficit hyperactivity disorder (ADHD), the child shall also exhibit:
6.14.1.2.1 Six or more of the following symptoms of inattention for children up to the age of 16, or 5 or more for adolescents 17 years or older and adults; symptoms of inattention have been present for at least 6 months, and inappropriate for developmental level:
6.14.1.2.1.1 Often fails to give close attention to details or makes careless mistakes in schoolwork, work, or other activities;
6.14.1.2.1.2 Often has difficulty sustaining attention in tasks or play activities;
6.14.1.2.1.3 Often does not seem to listen when spoken to directly;
6.14.1.2.1.4 Often does not follow through on instructions and fails to finish schoolwork, chores, or duties in the workplace (e.g. loses focus, side-tracked);
6.14.1.2.1.5 Often has difficulty organizing tasks and activities;
6.14.1.2.1.6 Often avoids, dislikes, or is reluctant to engage in tasks that require mental effort over a long period of time (such as school work or homework);
6.14.1.2.1.7 Often loses things necessary for tasks or activities (e.g., school materials, pencils, books, or tools, etc.);
6.14.1.2.1.8 Often easily distracted;
6.14.1.2.1.9 Often forgetful in daily activities; or
6.14.1.2.2 Six or more of the following symptoms of hyperactivity-impulsivity for children up to age 16, or 5 or more for adolescents 17 and older and adults; symptoms of hyperactivity-impulsivity have been present for at least 6 months to an extent that is disruptive and inappropriate for the student’s developmental level:
6.14.1.2.2.1 Often fidgets with hands or feet, or squirms in seat;
6.14.1.2.2.2 Often leaves seat in situations when remaining seated is expected;
6.14.1.2.2.3 Often runs about or climbs in situations in where it is not inappropriate (adolescents or adults, may be limited to feeling of restlessness);
6.14.1.2.2.4 Often unable to play or take part in leisure activities quietly;
6.14.1.2.2.5 Often “on the go” or often acts as if “driven by a motor”;
6.14.1.2.2.6 Often talks excessively;
6.14.1.2.2.7 Often blurts out an answer before a question has been completed;
6.14.1.2.2.8 Often has trouble waiting their turn;
6.14.1.2.2.9 Often interrupts or intrudes on others (butts into conversations or games); and
6.14.1.2.3 Several of the inattentive or hyperactive impulsive symptoms exhibited were present before 12 years of age;
6.14.1.2.4 Several symptoms are present in 2 or more settings (such as home, school or work, with friends or relatives, in other activities); and
6.14.1.2.5 Clear evidence that the symptoms interfere with, or reduce the quality of social, school or work functioning.
6.14.2 Age of Eligibility: A child is eligible for special education and related services under the Other Health Impairment educational classification from the child’s 3rd birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the child attains the age of 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.
6.14.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Other Health Impairment if the child meets the criteria in subsection 6.14.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2, and additionally in the case of ADHD, such adverse effect on educational performance cannot primarily be explained by another mental disorder (such as mood disorder, anxiety disorder, dissociative disorder, or personality disorder), and the symptoms do not happen only during the course of schizophrenia or another psychotic disorder.
6.14.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, the child’s IEP Team shall obtain the following:
6.14.4.1 Documentation of the health impairment by a qualified professional as described in 14 DE Admin. Code 925, subsection 14.6; and
6.14.4.2 If applicable, evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS).
6.14.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP Team shall follow procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.14; and the IEP Team should make every effort to obtain updated documentation related to the student’s health impairment.
6.14.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation of the child’s underlying health impairment shall be provided by a qualified medical professional such as a medical doctor, licensed nurse practitioner, or licensed physician's assistant. In cases in which a child displays behaviors consistent with ADHD, a certified school psychologist or licensed psychologist may also provide the documentation required for eligibility consideration.
6.14.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a certified school psychologist and a school nurse shall be members of the IEP Team for the purpose of determining eligibility.
6.15 Speech or Language Impairment
6.15.1 Eligibility Criteria: A child is eligible for special education and related services under the educational classification of Speech or Language Impairment if the child has a moderate to severe impairment in communication, and the impairment has an adverse effect on the child's educational performance as defined in 14 DE Admin. Code 922, Section 3.0.
6.15.1.1 If applicable, prior to or as part of the eligibility process, the IEP Team must find that the student demonstrates insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS).
6.15.1.2 Applicable communication impairments:
6.15.1.2.1 Speech fluency as exhibited by disfluencies such as stuttering, which includes: prolongations, repetitions, or pauses, or avoidance behaviors, or reduced perception of naturalness or secondary concomitant behaviors, such as distracting sounds, facial grimaces or other body movements; or cluttering, which includes: rapid or irregular speech rate, often with deletion or collapsing of syllables, deletion of word endings, increased frequency of revisions or interjections, pauses in communication that occur at unexpected junctures with respect to grammatical production;
6.15.1.2.2 Articulated or connected speech intelligibility as exhibited by impairment in the production of speech sounds (including substitutions, omissions, distortions or additions of speech sounds) that are considered to be developmentally appropriate for the child’s age or cultural linguistic background;
6.15.1.2.3 Receptive or expressive language as exhibited by: impairment in the form of language (phonology, morphology, syntax), content of language (vocabulary, semantics), comprehension or functional use of language (pragmatics) of a spoken, written, or other symbol system; or
6.15.1.2.4 Voice quality as exhibited by: voice impairment in 1 or more processes of pitch, quality, intensity or resonance.
6.15.2 Age of Eligibility: A child is eligible for special education and related services under the Speech or Language Impairment educational classification from the child’s 3rd birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first, except where speech and language therapy is provided as a related service. In the latter instance, the age of eligibility shall correspond with that of the identified primary educational classification.
6.15.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Speech or Language Impairment if the child meets the criteria in subsection 6.15.1, and the adverse effect on educational performance cannot primarily be explained by:
6.15.3.1 Sociocultural dialect;
6.15.3.2 Differences associated with acquisition of English as a new language;
6.15.3.3 Anxiety disorders (e.g. selective mutism);
6.15.3.4 Limited exposure to communication-building experiences;
6.15.3.5 Differences related to medical issues not directly related to the vocal mechanism; or
6.15.3.6 Other factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2.
6.15.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, the child’s IEP Team shall obtain data from:
6.15.4.1 Language samples and communication skills assessments and additional criterion-referenced measures that assess form, content and use, as needed.
6.15.4.2 An oral peripheral examination; and
6.15.4.3 If applicable, evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS).
6.15.5 Re-evaluation Procedures:
6.15.5.1 For purposes of continued eligibility determination, the IEP Team shall follow procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.15; and
6.15.5.2 For impairments in voice or swallowing, the IEP Team should make every effort to obtain updated documentation by a qualified medical professional related to the student’s impairment.
6.15.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation of the child’s communication disorder shall be provided by a licensed and certified speech-language pathologist. For impairments in voice or swallowing, an evaluation by a qualified medical professional is also required.
6.15.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a licensed and certified speech-language pathologist shall be a member of the IEP Team for the purpose of determining eligibility. When the child's primary educational classification is Speech or Language Impairment a special education teacher or provider is not required to be a member of the IEP Team.
6.16 Traumatic Brain Injury
6.16.1 Eligibility Criteria: A child is eligible for special education and related services under the educational classification of Traumatic Brain Injury if the child has an acquired injury to the brain caused by an external physical force, or by certain medical conditions such as stroke, encephalitis, aneurysm, anoxia or brain tumors resulting in total or partial functional disability or psychosocial impairment, or both, and the traumatic brain injury has an adverse effect on the child's educational performance as defined in 14 DE Admin. Code 922, Section 3.0.
6.16.2 Age of Eligibility: A child is eligible for special education and related services under the Traumatic Brain Injury educational classification from the child’s 3rd birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22 as per 14 DE Admin. Code 925, subsection 6.5.5.1, whichever occurs first.
6.16.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Traumatic Brain Injury if the child meets the criteria in subsection 6.16.1, and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925, subsection 6.2.
6.16.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, the child’s IEP Team shall obtain documentation of the traumatic brain injury by a qualified medical professional as described in 14 DE Admin. Code 925, subsection 6.16.6.
6.16.5 Re-evaluation Procedures
6.16.5.1 For purposes of continued eligibility determination, the IEP Team shall follow procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.16.1; and
6.16.5.2 The IEP Team should make every effort to obtain updated documentation related to the student’s traumatic brain injury.
6.16.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation of the child’s traumatic brain injury shall be provided by a qualified medical professional who can certify the existence of a traumatic brain injury.
6.16.7 Additional IEP Team Members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, a certified school psychologist and a school nurse shall be members of the IEP Team for the purpose of determining eligibility.
6.17 Visual Impairment Including Blindness
6.17.1 Eligibility Criteria: A child is eligible for special education and related services under the Visual Impairment including Blindness educational classification if the child has an impairment in vision that, even with correction, has an adverse effect on the child's educational performance as defined in 14 DE Admin. Code 922, Section 3.0.
6.17.1.1 Applicable visual impairments are:
6.17.1.1.1 Partial sight, including macular holes, oscillopsia, and central vision loss; or blindness; or neurological conditions (not perceptual impairments); or a progressive loss of vision; and corrected visual acuity of 20/50 or less in the better eye, or a peripheral field so contracted that the widest lateral field of vision subtends less than 40 degrees; or
6.17.1.1.2 Cortical vision impairment, or
6.17.1.1.3 A functional vision loss for which field and acuity deficits alone may not meet the criteria in subsections 6.17.1.1.1 or 6.17.1.1.2.
6.17.2 Age of Eligibility: A child is eligible for special education and related services under the Visual Impairment including Blindness educational classification from birth until the child’s receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22 as per 14 DE Admin. Code 925, subsection 6.5.5.1, whichever occurs first.
6.17.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child’s primary educational classification shall be Visual Impairment including Blindness if the child meets the criteria in subsection 6.17.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination consistent with 14 DE Admin. Code 925, subsection 6.2.
6.17.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925, Sections 4.0 through 5.0, in order to determine a child’s eligibility for special education and related services under the Visual Impairment including Blindness educational classification, the child’s IEP Team shall obtain documentation of the visual impairment by a qualified medical professional as defined in 14 DE Admin. Code 925, subsection 6.17.6.
6.17.5 Re-evaluation Procedures
6.17.5.1 For purposes of continued eligibility determination, the IEP Team shall follow procedures in 14 DE Admin. Code 925, Sections 3.0 through 5.0 and subsection 6.17; and
6.17.5.2 The IEP Team should make every effort to obtain updated documentation related to the student’s visual impairment.
6.17.6 Documentation: The IEP Team shall document its eligibility determination in an evaluation summary report. Documentation of the child’s visual impairment shall be provided by a qualified medical professional such as a licensed ophthalmologist, optometrist, or neurologist.
6.17.7 Additional IEP Team members: In addition to the IEP Team members required by 14 DE Admin. Code 925, Section 8.0, teacher of students with Visual Impairments, and a certified school psychologist are required to be members of the IEP Team for the purpose of determining eligibility.
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-7.0** Individualized Education Program (IEP) {#sec-925-7.0 omnilex-key=us-de-regs-official--title-14--925-7.0}
7.1 General: Each child who is determined eligible for special education and related services shall have a single IEP that shall include:
7.1.1 A statement of the child's present levels of academic achievement and functional performance, including:
7.1.1.1 How the child's disability affects the child's involvement and progress in the general education curriculum (i.e., the same curriculum as for non-disabled children); or
7.1.1.2 For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;
7.1.2 A statement of measurable annual goals, including academic and functional goals designed to:
7.1.2.1 Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and meet each of the child's other educational needs that result from the child's disability;
7.1.2.2 For children with disabilities who participate in the Alternate Assessment based on Alternate Achievement Standards (AA-AAS), a description of benchmarks or short-term objectives.
7.1.3 A description of how the child's progress toward meeting the annual goals described in subsection 7.1.2 will be measured; and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;
7.1.4 A statement of the special education and related services and supplementary aids and services, based on peer reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child:
7.1.4.1 To advance appropriately toward attaining the annual goals;
7.1.4.2 To be involved in and make progress in the general education curriculum in accordance with subsection 7.1.1, and to participate in extracurricular and other nonacademic activities; and
7.1.4.3 To be educated and participate with other children with disabilities and non-disabled children in the activities described in this section;
7.1.5 An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and in the activities described in subsection 7.1.4;
7.1.6 A statement of any individual appropriate accommodations that are necessary to measure the child’s performance on State and district wide assessments consistent with section 612(a)(16) of the Individuals with Disabilities Education Act; and if the IEP Team determines that the child shall take an alternate assessment, instead of a particular regular State or district wide assessment of student achievement, a statement of why the child cannot participate in the regular assessment; and the particular alternate assessment selected is appropriate for the child;
7.1.7 The projected date for the beginning of the services and modifications described in subsection 7.1.4, and the anticipated frequency, location, and duration of those services and modifications; and
7.1.8 A statement designating whether or not it is necessary to place the child who is transported from school by bus into the charge of a parent or other authorized responsible person.
7.2 Transition services: Beginning with the earlier of the first IEP to be in effect when the child turns 14 or enters the 8th grade, or younger if determined appropriate by the IEP Team, and updated annually thereafter, the IEP shall include:
7.2.1 Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
7.2.2 The transition services and activities (including courses of study) needed to assist the child in reaching those goals.
7.2.2.1 The IEP Team shall discuss employment options with children and parents consistent with Delaware's Employment First Policy articulated by 19 Del.C. §743.
7.2.2.2 Progress made on activities and services that reasonably enable the child to reach the child’s postsecondary goals in transition IEPs shall be reported with the same frequency as all IEP goals.
7.2.3 The child’s strengths, interests, and postsecondary preferences, and plans to make application to high school and career technical educational programs.
7.3 Transfer of rights at age of majority: Beginning not later than 1 year before the child reaches the age of 18, the IEP shall include a statement that the child has been informed that the child's rights under 14 Del.C. §3132 will transfer to the child, or an educational representative or educational surrogate parent on reaching the age of 18 under 14 DE Admin. Code 926, Section 20.0.
(Authority: 20 U.S.C. 1415(m); 14 Del.C. §3132)
7.4 IEP Forms: Each public agency shall use the IEP forms as developed and required by the DOE. The requirement that public agencies use the DOE’s IEP forms does not prohibit or prevent an IEP Team from including on an IEP any information, service or other notation the team determines necessary to provide FAPE to a child with a disability. This section shall not be construed to require an IEP Team to include information under 1 component of a child's IEP that is already contained under another component of the child's IEP.
7.5 Extended school year services: A student’s need for extended school year services shall be determined in accordance with 14 DE Admin. Code 923, Section 6.0.
(Authority: 20 U.S.C. 1414(d)(1)(A) and (d)(6); 14 Del.C. §3110)
7.6 Twelve-month program eligibility: The DOE shall include a parental notice and acknowledgment section in IEP forms described in subsection 7.4 which both identifies students eligible for a 12-month program pursuant to Title 14 Del.C. §1703 and documents the parental option to accept a 12-month program. [Authority: Title 14 Del.C. §§1703(e), 1703(f)]
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-8.0** IEP Team {#sec-925-8.0 omnilex-key=us-de-regs-official--title-14--925-8.0}
8.1 General: The public agency shall ensure that the IEP Team for each child with a disability includes:
8.1.1 The parents of the child;
8.1.2 Not less than 1 regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
8.1.3 Not less than 1 special education teacher of the child, or where appropriate, not less than 1 special education provider of the child;
8.1.4 A representative of the public agency who:
8.1.4.1 Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
8.1.4.2 Is knowledgeable about the general education curriculum;
8.1.4.3 Is knowledgeable about the availability of resources of the public agency; and
8.1.4.4 Has authority to commit agency resources and be able to ensure that whatever services are set out in the IEP will actually be provided.
8.1.5 An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in subsections 8.1.2 through 8.1.6;
8.1.6 Whenever the child is, or may be, participating in a career and technical education program, or career pathway, a career technical education teacher of the child, or pathway teacher, or career technical teacher coordinator;
8.1.7 Whenever appropriate, the child with a disability; and
8.1.8 At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate.
8.2 Transition services participants: In accordance with subsection 8.1.7, the public agency shall, in writing, invite a child with a disability to attend the child's IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals.
8.2.1 If the child does not attend the IEP Team meeting, the public agency shall take other steps to ensure that the child's preferences and interests are considered.
8.2.2 To the extent appropriate, with the consent of the parents or a child who has reached the age of 18, in implementing the requirements of subsection 8.2, the public agency shall invite, in writing, a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
8.3 Determination of knowledge and special expertise: The determination of the knowledge or special expertise of any individual described in subsection 8.1.6 shall be made by the party (parents or public agency) who invited the individual to be a member of the IEP Team.
8.4 Designating a public agency representative: A public agency may designate a public agency member of the IEP Team to also serve as the agency representative, if the criteria in subsection 8.1.4.4 are satisfied.
8.4.1 At the beginning of each school year, the public agency shall identify its agency representatives, and any person designated to serve as an agency representative at each or any of its schools, in writing.
8.4.2 The agency’s written list of representatives and designees shall be supplied to each school of the public agency. It shall be available to the DOE upon request. The agency’s representative and designee list shall be updated and redistributed to schools throughout the school year to the extent staffing and personnel changes alter the original list.
8.5 IEP Team attendance: A member of the IEP Team described in subsections 8.1.2 through 8.1.6 is not required to attend an IEP Team meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.
8.5.1 A member of the IEP Team described in subsection 8.5 may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if:
8.5.1.1 The parent, in writing, and the public agency consent to the excusal; and
8.5.1.2 The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.
8.5.2 There is no excusal for required IEP Team members, as described in 14 DE Admin. Code 925, Section 6.0 under Determination of Eligibility, for the purpose of eligibility determination. This does not apply to the team member identified in 14 DE Admin. Code, 925 subsection 8.1.6.
8.6 Initial IEP Team meeting for child under Part C: In the case of a child who was previously served under Part C of the Individuals with Disabilities Education Act, an invitation to the initial IEP Team meeting shall, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.
(Authority: 20 U.S.C. 1414(d)(1)(B)-(d)(1)(D); 14 Del.C. §3110)
8.7 No public agency, or any person acting under the authority of a public agency, shall discriminate or take any adverse employment or contract action against any person based upon statements that the person makes while advocating for a student in connection with an IEP, including statements made in preparation for or at a meeting, review, or conference concerning a child with a disability's free and appropriate public education.
8.7.1 Entities or persons who violate this subsection shall be subject to the same sanctions as persons or entities that engage in unlawful employment practices under 19 Del.C. Ch. 7.
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-9.0** Parent Participation {#sec-925-9.0 omnilex-key=us-de-regs-official--title-14--925-9.0}
9.1 Public agency responsibility, general: Each public agency shall take steps to ensure that 1 or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including:
9.1.1 Notifying parents of the meeting, in writing, no less than 10 school days prior to the IEP Team meeting (unless mutually agreed otherwise) to ensure that they will have an opportunity to attend, and no less than 5 school days prior to a meeting to conduct a manifestation determination under 14 DE Admin. Code 926, Section 30.0; and
9.1.2 Scheduling the meeting at a mutually agreed on time and place.
9.2 Information provided to parents: The notice required under subsection 9.1 shall:
9.2.1 Indicate the purpose, time, and location of the meeting and who will be in attendance; and
9.2.2 Inform the parents of the provisions in subsections 8.1.6 and 8.3 (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and subsection 8.6 (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act). The IEP Team shall provide notice to the parent, and if appropriate, the child, that they may request the presence of any teacher, paraprofessional, and any additional staff members at an IEP meeting.
9.2.3 A summary of the procedural safeguards shall be included with the notice of meeting and a full copy of the procedural safeguards shall be provided to the parents at the IEP meeting.
9.2.4 The IEP Team shall provide notice to the parent, and if appropriate, the child, that they may request any data (e.g. classroom assessments, formative assessments, behavior data, related service reports, multi-tiered system of support data) in the agency's possession relevant to the child's needs or disability prior to the IEP meeting.
9.3 The IEP Team will ensure parent input through the following:
9.3.1 The IEP Team shall provide a questionnaire requesting the input of a child's parent, and where appropriate, the input of the child, with respect to the child's progress to date and additional proposed steps that should be taken to adjust the child's goals, curriculum, services, aids, modifications, or other elements of the child's IEP.
9.3.1.1 The questionnaire shall be sent with or prior to the written meeting notice inviting the parent to attend the IEP meeting.
9.3.2 If the IEP Team prepares a draft of the IEP prior to the date of the IEP meeting, the IEP Team shall provide the parent, and if appropriate, the child, with a copy of the draft IEP accompanied by a letter clearly indicating that the document is a draft for discussion purposes only and is therefore subject to revisions.
9.3.3 The Department in collaboration with the Governor's Advisory Council for Exceptional Citizens shall create and provide a draft letter and associated guidance to assist public agencies with the content and application of the letter referred to in subsection 9.3.2.
9.4 For a child with a disability beginning with the earlier of the first IEP to be in effect when the child turns 14 or enters the 8th grade, or younger if determined appropriate by the IEP Team, the notice shall also indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with subsection 7.2 and that the agency will invite the student; and identify any other agency that will be invited to send a representative. The invitation to the child shall be in writing.
9.5 Other methods to ensure parent participation: If neither parent can attend an IEP Team meeting, the public agency shall use other methods to ensure parent participation, including individual or conference telephone calls, consistent with Section 14.0 (related to alternative means of meeting participation).
9.6 Conducting an IEP Team meeting without a parent in attendance: A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency shall keep a record of its attempts to arrange a mutually agreed on time and place, such as:
9.6.1 Detailed records of telephone calls made or attempted and the results of those calls;
9.6.2 Copies of correspondence sent to the parents and any responses received; and
9.6.3 Detailed records of visits made to the parent's home or place of employment and the results of those visits.
9.6.4 Use of interpreters or other action, as appropriate. The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
9.7 Parent copy of child's IEP: The public agency shall give the parent a copy of the child's IEP at no cost to the parent.
(Authority: 20 U.S.C. 1414(d)(1)(B)(i); 14 Del.C. §3110)
9.8 The Department of Education, in conjunction with the Department of Justice, shall annually survey a random and representative sample of parents and their children who have IEPs with respect to the parents' and children's satisfaction with the IEP process. Information gathered through this survey shall be used by the Department of Education and Department of Justice to conduct follow-up examinations with school districts and charter schools as to their good faith compliance with state and federal laws and regulations.
9.8.1 Information gathered through this survey shall also be used by the Department of Education in carrying out monitoring duties as outlined in 14 DE Admin. Code 927 to ensure compliance with state and federal laws and regulations.
9.8.2 A summary of the survey results will be made available on the Department of Education's website.
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-10.0** When IEPs Shall be in Effect {#sec-925-10.0 omnilex-key=us-de-regs-official--title-14--925-10.0}
10.1 General: At the beginning of each school year, each public agency shall have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in Section 2.0.
10.2 Initial IEPs; Provision of Services
10.2.1 Each public agency shall ensure that a meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and
10.2.2 As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP.
10.3 Accessibility of child's IEP to teachers and others. Each public agency shall ensure that the child's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and each teacher and provider described in this paragraph is informed of:
10.3.1 Their specific responsibilities related to implementing the child's IEP; and
10.3.2 The specific accommodations, modifications, and supports that shall be provided for the child in accordance with the IEP.
10.4 IEPs for children who transfer from and to public agencies within Delaware: If a child with a disability (who had an IEP that was in effect in a previous public agency in Delaware) transfers to a new public agency in Delaware, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) shall provide FAPE to the child (including services comparable to those described in the child's IEP from the previous public agency).
10.4.1 A child with a disability who transfers from 1 Delaware public agency to another shall be temporarily placed in an educational setting which appears to be most suited to the child’s needs based on a mutual agreement of the parents and the receiving public agency. This agreement shall be documented by the signatures of a parent and the receiving public agency on a temporary placement form or the cover page of the IEP. Within 60 days of the child’s initial attendance in the receiving public agency, the receiving public agency shall:
10.4.1.1 Adopt the child's Evaluation Summary Report from the previous public agency or conduct a new evaluation that meets the applicable eligibility requirements in 14 DE Admin. Code 925, Section 6.0.
10.4.1.2 Review and adopt the child's IEP from the previous public agency at an IEP meeting convened for that purpose, or develop and implement a new IEP that meets the applicable requirements in Sections 7.0 through 11.0.
10.5 IEPs for children who transfer from out of state public agencies: If a child with a disability (who had an IEP that was in effect in a previous public agency in another state) transfers to a public agency in Delaware, and enrolls in a new school in Delaware within the same school year, the new public agency (in consultation with the parents) shall provide the child with FAPE (including services comparable to those described in the child's IEP from the previous public agency).
10.5.1 A child with a disability who transfers from an out of state public agency shall be temporarily placed in an educational setting which appears to be most suited to the child’s needs based on a mutual agreement of the parents and the receiving public agency. This agreement shall be documented by the signatures of a parent and the receiving public agency on a temporary placement form or the cover page of the IEP. Within 60 days of the child’s initial attendance in the receiving public agency, the receiving public agency shall:
10.5.1.1 Conduct a new evaluation pursuant to Sections 4.0 through 6.0 (if determined to be necessary by the new public agency); and
10.5.1.2 Develop, adopt, and implement a new IEP, if appropriate, that meets the applicable requirements in Sections 7.0 through 11.0.
10.6 Transmittal of records and public agency duties: To facilitate the transition for a child described in subsections 10.4 and 10.5:
10.6.1 The receiving public agency shall ensure that all requirements concerning evaluation, IEP development, placement, and procedural safeguards are applied in determining the provision of special education and related services. The receiving public agency in which the child enrolls shall take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and
10.6.2 The previous public agency in which the child was enrolled shall take reasonable steps to promptly respond to the request from the new public agency.
(Authority: 20 U.S.C. 1414(d)(2)(A)-(C); 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-11.0** Development, Review, and Revision of IEP {#sec-925-11.0 omnilex-key=us-de-regs-official--title-14--925-11.0}
11.1 Development of IEP, general: In developing each child's IEP, the IEP Team shall consider:
11.1.1 The strengths of the child;
11.1.2 The concerns of the parents for enhancing the education of their child;
11.1.3 The results of the initial or most recent evaluation of the child; and
11.1.4 The academic, developmental, and functional needs of the child.
11.2 Consideration of special factors: The IEP Team shall:
11.2.1 In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;
11.2.2 In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP;
11.2.3 In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;
11.2.4 Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode;
11.2.5 Consider whether the child needs assistive technology devices and services; and
11.2.6 The IEP Team shall consider intervention supports and strategies, including instructional materials in accessible formats, for students who have difficulty accessing or using grade-level textbooks and other core materials in standard print formats. This includes children who are blind, visually impaired, or have a physical or print disability (as defined in 14 DE Admin. Code 922, Section 3.0).
11.2.7 In the case of any child with limited reading proficiency, consider the reading services, supports and evidence-based interventions as those relate to the child's IEP; For a child who is not beginning to read by age 7, or who is beyond age 7 and is not yet beginning to read, enumerate the specific, evidence-based interventions that are being provided to that child to address the child's inability to read. Eligibility for reading-based extended school year services shall be determined in accordance with 14 DE Admin. Code 923.6.0.
11.3 Requirement with respect to regular education teacher: A regular education teacher of a child with a disability, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and supports and other strategies for the child; and supplementary aids and services, program modifications, and support for school personnel consistent with subsection 7.1.4.
11.4 Agreement: In making changes to a child's IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP. If changes are made to the child's IEP in accordance with this section, the public agency shall ensure that the child's IEP Team is informed of those changes.
11.5 Consolidation of IEP Team meetings: To the extent possible, the public agency shall encourage the consolidation of re-evaluation meetings for the child and other IEP Team meetings for the child.
11.6 Amendments: Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in subsection 11.4, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated.
11.7 Review and revision of IEPs, general: Each public agency shall ensure that, subject to subsections 11.8 and 11.9, the IEP Team reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and revises the IEP, as appropriate, to address:
11.7.1 Any lack of expected progress toward the annual goals described in subsection 7.1.2, and in the general education curriculum, if appropriate;
11.7.2 The results of any re-evaluation conducted under Section 3.0;
11.7.3 Information about the child provided to, or by, the parents, as described in subsection 5.1.4;
11.7.4 The child's anticipated needs; or
11.7.5 Other matters.
11.8 Consideration of special factors: In conducting a review of the child's IEP, the IEP Team shall consider the special factors described in subsection 11.2.
11.9 Requirement with respect to regular education teacher: A regular education teacher of the child, as a member of the IEP Team, shall, consistent with subsection 11.3, participate in the review and revision of the IEP of the child.
11.10 Failure to meet transition objectives, participating agency failure: If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with subsection 7.2, the public agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.
11.11 Construction. Nothing in these regulations relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.
11.12 Children with disabilities in adult prisons, requirements that do not apply: The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:
11.12.1 The requirements contained in section 612(a)(16) of the Individuals with Disabilities Education Act and 14 DE Admin. Code 925, subsection 7.1.6 (relating to participation of children with disabilities in general assessments).
11.12.2 The requirements in subsection 7.2 (relating to transition planning and transition services) do not apply with respect to the children whose eligibility under Part B of the Individuals with Disabilities Education Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.
11.13 Modifications of IEP or placement: Subject to subsection 11.13.1, the IEP Team of a child with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the child's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.
11.13.1 The requirements of Section 7.0 (relating to IEPs), and 14 DE Admin. Code 923, Section 14.0 (relating to LRE) do not apply with respect to the modifications described in subsection 11.13.
(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e); 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-12.0** Private School Placements by Public Agencies {#sec-925-12.0 omnilex-key=us-de-regs-official--title-14--925-12.0}
12.1 Developing IEPs: Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency shall initiate and conduct a meeting to develop an IEP for the child in accordance with Sections 7.0 and 11.0. The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.
12.2 Reviewing and revising IEPs: After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency. If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative are involved in any decision about the child's IEP; and agree to any proposed changes in the IEP before those changes are implemented.
12.3 Responsibility: Even if a private school or facility implements a child's IEP, responsibility for compliance with these regulations remains with the public agency and the DOE.
(Authority: 20 U.S.C. 1412(a)(10)(B); 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-13.0** Educational Placements in the Least Restrictive Environment {#sec-925-13.0 omnilex-key=us-de-regs-official--title-14--925-13.0}
13.1 Educational Placement Options. Following the development of a child’s IEP, the IEP Team shall determine the child’s educational placement in the least restrictive environment based on the child’s individual needs and the services identified in the IEP. Educational placement options shall include the following:
13.1.1 Except as provided in 14 DE Admin Code 925, subsection 11.13 (regarding children with disabilities in adult prisons), each public agency shall meet the placement requirements of 14 DE Admin. Code 923, Sections 14.0 through 20.0.
13.1.2 Each public agency shall ensure a child with a disability is placed in a chronologically age-appropriate placement.
(Authority: 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-14.0** Alternative Means of Meeting Participation {#sec-925-14.0 omnilex-key=us-de-regs-official--title-14--925-14.0}
When conducting IEP Team meetings and placement meetings pursuant to these regulations, the parent of a child with a disability and a public agency may agree to use alternative means of meeting participation, such as video conferences and conference calls.
(Authority: 20 U.S.C. 1414(f);14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
##### **14 Del. Admin. Code § 925-15.0** High School Graduation {#sec-925-15.0 omnilex-key=us-de-regs-official--title-14--925-15.0}
Students with disabilities who are unable to meet the requirements for a diploma shall be given the option to complete those requirements by continuing their education, at public agency expense, until their 22nd birthday. Regardless of the document received at graduation by the student, whether a diploma or a Diploma of Alternate Achievement Standards, the student shall not be discriminated against during the graduation ceremonies. Specifically, a student with disabilities shall be allowed to participate in graduation exercises without reference to their disability, educational placement or the type of document conferred.
(Authority: 14 Del.C. §3110)
**History**
- *24 DE Reg. 673 (01/01/21)*
- *14 DE Reg. 1060 (04/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *20 DE Reg. 172 (09/01/16)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *14 DE Reg. 1060 (04/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
- *10 DE Reg. 1816 (06/01/07)*
- *11 DE Reg. 184 (08/01/07)*
- *11 DE Reg. 1629 (06/01/08)*
- *12 DE Reg. 1084 (02/01/09)*
- *14 DE Reg. 1060 (04/01/11)*
- *15 DE Reg. 352 (09/01/11)*
- *18 DE Reg. 564 (01/01/15)*
- *18 DE Reg. 861 (05/01/15)*
- *20 DE Reg. 172 (09/01/16)*
- *20 DE Reg. 549 (01/01/17)*
- *21 DE Reg. 626 (02/01/18)*
- *24 DE Reg. 673 (01/01/21)*
- *28 DE Reg. 731 (04/01/25)*
### **926** Children with Disabilities Subpart E Procedural Safeguards for Parents and Children
##### **14 Del. Admin. Code § 926** Children with Disabilities Subpart E Procedural Safeguards for Parents and Children {#sec-926 omnilex-key=us-de-regs-official--title-14--926}
Non-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 USC §14079(a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-1.0** General Procedural Safeguards and Opportunity to Examine Records and Educational Programs {#sec-926-1.0 omnilex-key=us-de-regs-official--title-14--926-1.0}
1.1 Each LEA and other public agency shall establish, maintain, and implement procedural safeguards that meet the requirements of subsection 1.2, Sections 2.0 through 5.0, Sections 10.0, 18.0, 30.0, 31.0, and 33.0 through 36.0 of this regulation.
(Authority: 20 U.S.C.1415(a); 14 Del.C. §3110 and 14 Del.C. Ch. 31, Subchapter V)
1.2 Opportunity to Examine Records and Educational Programs
1.2.1 Opportunity to examine records: The parents of a child with a disability, either personally or through representative, shall be afforded an opportunity to inspect and review all relevant education records with respect to the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child.
1.2.2 Parents shall have the right to obtain copies of all educational records, except the actual evaluation or examination instrument, either without charge, or, at the discretion of the public agency, at a fee not to exceed actual cost. Under no circumstances shall a fee be assessed which effectively prevents parents from exercising their right to inspect, review and copy records.
1.2.3 The parents of a student with a disability shall have the right to visit and observe, either personally or through a representative, their child’s current or proposed educational program. The public agency may require advance notice when parents or guardians wish to visit a proposed educational program.
1.3 Parent participation in meetings: The parents of a child with a disability shall be afforded an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of FAPE to the child.
1.3.1 Each public agency shall provide notice consistent with 14 DE Admin. Code 925, Section 9.0 to ensure that parents of children with disabilities have the opportunity to participate in meetings described in subsection 1.3.
1.3.2 A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
1.4 Parent involvement in placement decisions: Each public agency shall ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent’s child.
1.4.1 In implementing the requirements of subsection 1.4, the public agency shall use procedures consistent with the procedures described in 14 DE Admin. Code 925, Section 9.0.
1.4.2 If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency shall use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.
1.4.3 A placement decision may be made by a group without the involvement of a parent, if the public agency is unable to obtain the parent’s participation in the decision. In this case, the public agency shall have a record of its attempt to ensure their involvement.
1.5 Minutes of Meetings. A parent, a parent’s authorized representative, or any public agency conducting a meeting, review or conference may take minutes of the meeting, review or conference concerning a child with a disability's free and appropriate public education. Minutes may be taken by a disclosed recording device or by a stenographer. The cost of recording the minutes is the responsibility of the person or agency electing to take minutes. Once taken, public agency minutes shall be maintained subject to the confidentiality requirements of these regulations and any other applicable Delaware or federal law. If initiated by the public agency, parents must be offered a free digital copy.
(Authority: 20 U.S.C. 1414(e), 1415(b)(1); 14 Del. C. §§3110, 3130 and 3131)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-2.0** Independent Educational Evaluation {#sec-926-2.0 omnilex-key=us-de-regs-official--title-14--926-2.0}
2.1 General: The parents of a child with a disability have the right to obtain an independent educational evaluation of the child subject to subsections 2.4 through 2.9.
2.2 Each public agency shall provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations as set forth in subsection 2.9.
2.3 Definitions for the purposes of this subpart:
“Independent Educational Evaluation” means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question.
“Public Expense” means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with 14 DE Admin. Code 923, Section 3.0.
2.4 Parent right to evaluation at public expense; A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, subject to the conditions in subsections 2.4.1 through 2.5.
2.4.1 If a parent requests an independent educational evaluation at public expense, the public agency shall, without unnecessary delay, either:
2.4.1.1 File a due process complaint to request a hearing to show that its evaluation is appropriate; or
2.4.1.2 Ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing pursuant to Sections 7.0 through 13.0 of this regulation that the evaluation obtained by the parent did not meet agency criteria.
2.4.2 If the public agency files a due process complaint notice to request a hearing and the final decision is that the agency’s evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.
2.5 If a parent requests an independent educational evaluation, the public agency may ask for the parent’s reason why he or she objects to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.
2.6 A parent is entitled to only 1 independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.
2.7 Parent initiated evaluations: If the parent obtains an independent educational evaluation at public expense or shares with the public agency an evaluation obtained at private expense, the results of the evaluation shall be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child; and may be presented by any party as evidence at a hearing on a due process complaint under 14 DE Admin. Code 926 regarding that child.
2.8 Requests for evaluations by hearing officers. If a hearing panel or a single hearing officer appointed for expedited appeals under Section 32.0 requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation shall be at public expense.
2.9 Agency criteria: If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an independent educational evaluation.
2.10 Except for the criteria described in subsection 2.9, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.
(Authority: 20 U.S.C. 1415(b)(1) and (d)(2)(A); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-3.0** Prior Notice by the Public Agency: Content of Notice {#sec-926-3.0 omnilex-key=us-de-regs-official--title-14--926-3.0}
3.1 Notice: Written notice that meets the requirements of subsection 3.2 shall be given to the parents of a child with a disability no less than 10 school days before the public agency:
3.1.1 Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or
3.1.2 Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; and
3.1.3 In cases involving a change of placement for a disciplinary removal, written notice shall be provided no less than 5 school days before the public agency proposes to change the child’s placement.
3.2 Content of notice: The notice required in subsection 3.1 shall include:
3.2.1 A written description of the action proposed or refused by the agency; and
3.2.2 A written explanation of why the agency proposes or refuses to take the action; and
3.2.3 A written description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; and
3.2.4 A written statement that the parents of a child with a disability have protection under the procedural safeguards of state and federal regulations and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and
3.2.5 Sources for parents to contact to obtain assistance in understanding the provisions of these regulations, including contact information for parent assistance programs, legal assistance programs, and the Delaware State Bar Association; and
3.2.6 A written description of any other options the IEP Team considered and the reasons why those options were rejected; and
3.2.7 A written description of other factors which are relevant to the agency’s proposal or refusal; and
3.2.8 A written summary of procedural safeguards must be available to the parents under state and federal law and regulations.
3.2.8.1 A full copy of the procedural safeguards under state and federal law and regulations shall be provided to the parents at the IEP meeting.
3.3 Notice in understandable language: The notice required in subsection 3.1 shall be:
3.3.1 Written in language understandable to the general public; and
3.3.2 Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
3.4 If the native language or other mode of communication of the parent is not a written language, the public agency shall take steps to ensure that:
3.4.1 The notice is translated orally or by other means to the parent in his or her native language or other mode of communication; and
3.4.2 The parent understands the content of the notice; and
3.4.3 There is written evidence that the requirements in subsections 3.4.1 and 3.4.2 have been met.
(Authority: 20 U.S.C. 1415(b)(3) and (4), 1415(c)(1), 1414(b)(1));14 Del.C. §3110), 14 Del.C. §3130, 14 Del.C. §3133, 14 Del.C. §3134)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-4.0** Procedural Safeguards Notice {#sec-926-4.0 omnilex-key=us-de-regs-official--title-14--926-4.0}
4.1 General: A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents only 1 time a school year, except that a copy also shall be given to the parents:
4.1.1 Upon initial referral or parent request for evaluation;
4.1.2 Upon receipt of the first State complaint 14 DE Admin. Code 923, Sections 51.0 through 53.0 and upon receipt of the first due process complaint in Section 7.0 of this regulation in a school year;
4.1.3 Upon the decision to remove a child with a disability from his or her educational placement because of a violation of a code of student conduct; and
4.1.4 Upon request by a parent.
4.1.5 In addition, a copy of the procedural safeguards notice shall be provided to the parents of a child with a disability at each IEP meeting convened for the child.
4.2 Internet Web site: A public agency may place a current copy of the procedural safeguards notice on its Internet Web site if a Web site exists.
4.3 Contents: The procedural safeguards notice shall include a full explanation of all of the procedural safeguards available under these regulations relating to:
4.3.1 Independent educational evaluations;
4.3.2 Prior written notice;
4.3.3 Parental consent:
4.3.4 Access to education records;
4.3.5 Opportunity to present and resolve complaints through the due process procedures, including:
4.3.5.1 The time period in which to file a complaint;
4.3.5.2 The opportunity for the agency to resolve the complaint; and
4.3.5.3 The difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures.
4.3.6 The availability of mediation;
4.3.7 Procedures for students who are subject to placement in an interim alternative educational setting;
4.3.8 Requirements for unilateral placement by parents of children in private schools at public expense;
4.3.9 Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;
4.3.10 Appeal rights;
4.3.11 Civil actions, including the time period in which to file those actions; and
4.3.12 Attorneys’ fees.
4.4 Notice in understandable language: The notice required in subsection 4.1 shall meet the requirements of subsection 3.3.
(Authority: 20 U.S.C. 1415(d))
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-5.0** Electronic Mail {#sec-926-5.0 omnilex-key=us-de-regs-official--title-14--926-5.0}
A parent of a child with a disability may elect to receive notices required by Sections 3.0, 4.0 and 8.0 by an electronic mail communication, if the public agency makes that option available.
(Authority: 20 U.S.C. 1415(n); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-6.0** Mediation {#sec-926-6.0 omnilex-key=us-de-regs-official--title-14--926-6.0}
6.1 General: The DOE shall offer and ensure that procedures are established and implemented to allow parties to disputes involving any matter under these regulations, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process.
6.2 Requirements: The mediation process offered by the DOE shall be:
6.2.1 Voluntary on the part of the parties;
6.2.2 Not used to deny or delay a parent’s right to a hearing on the parent’s due process complaint, or to deny any other rights afforded under Part B of the Act; and
6.2.3 Conducted by a qualified and impartial mediator who is trained in effective mediation techniques. In addition, parents will be permitted to be accompanied and advised at mediation by individuals of their choice. Any public agency involved in mediation shall assure that an individual from the public agency with the authority to make decisions and commit resources to agreed upon services attends the mediation.
6.3 Any LEA or other public agency may establish procedures to offer to parents and schools that choose not to use the mediation process, an opportunity to meet at a time and location convenient to the parents, with a disinterested party who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the Act; and who would explain the benefits of, and encourage the use of, the mediation process to the parents.
6.3.1 The DOE shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services, select mediators on a random, rotational, or other impartial basis and bear the cost of the mediation process, including the costs of meetings described in subsection 6.3.
6.4 Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
6.5 If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that:
6.5.1 States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
6.5.2 Is signed by both the parent and a representative of the agency who has the authority to bind such agency.
6.6 A written, signed mediation agreement in subsection 6.5 is enforceable in any State court of competent jurisdiction or in a district court of the United States. Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any Federal court or Delaware court.
6.7 Impartiality of mediator; An individual who serves as a mediator under these regulations may not be an employee of the DOE or the LEA that is involved in the education or care of the child; and shall not have a personal or professional interest that conflicts with the person’s objectivity.
6.7.1 A person who otherwise qualifies as a mediator is not an employee of an LEA, the DOE or other State agency described in 14 DE Admin. Code 924, Section 28.0 solely because he or she is paid by the agency to serve as a mediator.
(Authority: 20 U.S.C. 1415(e); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-7.0** Filing a Due Process Complaint {#sec-926-7.0 omnilex-key=us-de-regs-official--title-14--926-7.0}
7.1 General: A parent or a public agency may file a due process complaint with the Secretary relating to the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to the child.
7.2 The due process complaint shall allege a violation that occurred not more than 2 years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint, except as provided in subsection 11.9.
7.3 Information for parents: The public agency shall inform the parent of any free or low cost legal and other relevant services available in the area if the parent requests the information. The DOE shall inform the parent of any such services if the parent or an agency files a due process complaint under this section.
(Authority: 20 U.S.C. 1415(b)(6); 14 Del.C. §3135)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-8.0** Due Process Complaint {#sec-926-8.0 omnilex-key=us-de-regs-official--title-14--926-8.0}
8.1 General: When a party submits a due process complaint to the Secretary, that party, or the attorney representing that party, shall also provide a copy of the complaint (which shall remain confidential) to the opposing party.
8.2 Content of complaint: The due process complaint required in subsection 8.1 shall include:
8.2.1 The name of the child; and
8.2.2 The address of the residence of the child; and
8.2.3 The name of the school the child is attending; and
8.2.4 In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;
8.2.5 A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and
8.2.6 A proposed resolution of the problem to the extent known and available to the party at the time.
8.3 Notice required before a hearing on a due process complaint: A party may not have a hearing on a due process complaint until the party, or the attorney representing the party, files a due process complaint that meets the requirements in subsection 8.2.
8.4 Sufficiency of complaint: The due process complaint required by this section shall be deemed sufficient unless the party receiving the due process complaint notifies the hearing panel and the other party in writing, within 15 days of receipt of the due process complaint, that the receiving party believes the due process complaint does not meet the requirements in subsection 8.2 of this section.
8.5 Within 5 days of receipt of notification under subsection 8.4, the hearing panel shall make a determination on the face of the due process complaint of whether the due process complaint meets the requirements in subsection 8.2, and shall immediately notify the parties in writing of that determination.
8.6 A party may amend its due process complaint only if:
8.6.1 The other party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a meeting held pursuant to Section 10.0 (resolution meeting); or
8.6.2 The hearing panel grants permission, except that the hearing panel may only grant permission to amend at any time not later than 5 days before the due process hearing begins.
8.7 If a party files an amended due process complaint, the timelines for the resolution meeting in subsection 10.1 and the time period to resolve in subsection 10.4 begin again with the filing of the amended due process complaint.
8.8 LEA response to a due process complaint: If the LEA has not sent a prior written notice under Section 3.0 to the parent regarding the subject matter contained in the parent’s due process complaint, the LEA shall, within 10 days of receiving the due process complaint, send to the parent a response that includes:
8.8.1 An explanation of why the agency proposed or refused to take the action raised in the due process complaint; and
8.8.2 A description of other options that the IEP Team considered and the reasons why those options were rejected; and
8.8.3 A description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and
8.8.4 A description of the other factors that are relevant to the agency’s proposed or refused action.
8.9 A response by an LEA under subsection 8.8 of this section shall not be construed to preclude the LEA from asserting that the parent’s due process complaint was insufficient, where appropriate.
8.10 Other party response to a due process complaint: Except as provided in subsections 8.8 and 8.9, the party receiving a due process complaint shall, within 10 days of receiving the due process complaint, send to the other party a response that specifically addresses the issues raised in the due process complaint.
(Authority: 20 U.S.C. 1415(b)(7), 1415(c)(2); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-9.0** Model Forms {#sec-926-9.0 omnilex-key=us-de-regs-official--title-14--926-9.0}
9.1 The DOE shall provide model forms to assist parents and public agencies in filing a due process complaint in accordance with Sections 7.0 and 8.0 and to assist parents and other parties in filing a State complaint under 14 DE Admin. Code 923, Sections 51.0 through 53.0. However, the use of the model forms is not required.
9.2 Parents, public agencies, and other parties may use the appropriate model form described in subsection 9.1, or another form or other document, so long as the form or document that is used meets, as appropriate, the content requirements in Section 7.0 and subsection 8.2 for filing a due process complaint, or the requirements in 14 DE Admin. Code 923, subsection 53.2 for filing a State complaint.
(Authority: 20 U.S.C. 1415(b)(8); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-10.0** Resolution Process {#sec-926-10.0 omnilex-key=us-de-regs-official--title-14--926-10.0}
10.1 Resolution meeting: Within 15 days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under Section 11.0, the LEA shall convene a meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the due process complaint that:
10.1.1 Includes a representative of the public agency who has decision-making authority on behalf of that agency; and
10.1.2 May not include an attorney of the LEA unless the parent is accompanied by an attorney.
10.2 The purpose of the meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the LEA has the opportunity to resolve the dispute that is the basis for the due process complaint.
10.3 The meeting described in subsections 10.1 and 10.2 need not be held if the parent and the LEA agree in writing to waive the meeting; or the parent and the LEA agree to use the mediation process described in Section 6.0.
10.3.1 The parent and the LEA determine the relevant members of the IEP Team to attend the meeting.
10.4 Resolution period:
10.4.1 If the LEA has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur.
10.4.2 Except as provided in subsection 10.5, the timeline for issuing a final decision under Section 15.0 begins at the expiration of this 30-day period.
10.4.3 Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding subsections 10.4.1 and 10.4.2, the failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.
10.4.4 If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented using the procedures in 14 DE Admin. Code 925, Section 9.0; the LEA may, at the conclusion of the 30-day period request the hearing panel dismiss the parent’s due process complaint.
10.4.5 If the LEA fails to hold the resolution meeting specified in subsection 10.1 within 15 days of receiving notice of a parent’s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of the hearing panel to begin the due process hearing timeline.
10.5 Adjustments to 30-day resolution period: The 45-day timeline for the due process hearing in subsection 15.1 starts the day after 1 of the following events:
10.5.1 Both parties agree in writing to waive the resolution meeting;
10.5.2 After either the mediation or resolution meeting starts, but before the end of the 30-day period, the parties agree in writing that no agreement is possible;
10.5.3 If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process.
10.6 Written settlement agreement: If a resolution to the dispute is reached at the meeting described in subsections 10.1 and 10.2, the parties shall execute a legally binding agreement that is:
10.6.1 Signed by both the parent and a representative of the agency who has the authority to bind the agency; and
10.6.2 Enforceable in any State court of competent jurisdiction or in a district court of the United States.
10.7 Agreement review period. If the parties execute an agreement pursuant to subsection 10.6, a party may void the agreement within 3 business days of the agreement’s execution.
(Authority: 20 U.S.C. 1415(f)(1)(B); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-11.0** Impartial Due Process Hearing {#sec-926-11.0 omnilex-key=us-de-regs-official--title-14--926-11.0}
11.1 General: Whenever a due process complaint is received under Section 7.0 or Section 32.0 (expedited appeal), the parents or the LEA involved in the dispute shall have an opportunity for an impartial due process hearing, consistent with the procedures in Sections 7.0, 8.0, and 10.0.
11.2 The DOE shall be responsible for conducting the due process hearing as further provided in this section. Upon receipt of a due process complaint, the Secretary shall appoint a 3 member hearing panel, on a rotating basis, consisting of:
11.2.1 An attorney admitted to practice and in good standing with the bar of a state;
11.2.2 An educator knowledgeable in the field of special education and special education programming, and;
11.2.3 A lay person with demonstrated interest in the education of the disabled included on an approved list compiled by the Advisory Council for Exceptional Citizens and submitted to the Secretary.
11.3 Impartial hearing officers: Hearing officers shall not be an employee of the DOE or the LEA that is involved in the education or care of the child or a person having a personal or professional interest that conflicts with the person’s objectivity in the hearing.
11.4 The impartial hearing officer shall:
11.4.1 Possess knowledge of, and the ability to understand, the provisions of the Act, Federal and State regulations pertaining to the Act, and legal interpretations of the Act by Federal and State courts;
11.4.2 Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice, in cooperation and consultation with other hearing officers appointed to a given hearing panel;
11.4.3 Possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice, in cooperation and consultation with other hearing officers appointed to a given hearing panel; and
11.4.4 Complete training as required by the Secretary to ensure the adequate knowledge and competent performance of hearing officers.
11.5 A person who otherwise qualifies to conduct a hearing under subsection 11.3 is not an employee of the DOE solely because he or she is paid by the DOE to serve as a hearing officer.
11.6 The Secretary shall keep a list of the persons eligible to serve as hearing officers. The list shall include a statement of the qualifications of each of those persons.
11.7 Subject matter of due process hearings: The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the due process complaint filed under subsection 8.2, unless the other party agrees otherwise.
11.8 Timeline for requesting a hearing: A parent or agency shall request an impartial hearing on their due process complaint within 2 years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the due process complaint.
11.9 Exceptions to the timeline; The timeline described in subsection 11.8 does not apply to a parent if the parent was prevented from filing a due process complaint due to:
11.9.1 Specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or
11.9.2 The LEA’s withholding of information from the parent that was required under these regulations to be provided to the parent.
11.10 Burden of proof: The burden of proof and persuasion in the due process hearing shall be on the public agency which is a party to the proceeding.
(Authority: 20 U.S.C. 1415(f)(1)(A), 1415(f)(3)(A)-(D); 14 Del.C. §§3110, 3137, 3140)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-12.0** Hearing Rights {#sec-926-12.0 omnilex-key=us-de-regs-official--title-14--926-12.0}
12.1 General: Any party to a due process hearing conducted pursuant to Sections 7.0 through 13.0, or Sections 30.0 through 34.0, has the right to:
12.1.1 Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities, except whether parties have the right to be represented by non-attorneys at due process hearings is determined by State law;
12.1.2 Present evidence and confront and cross examine adverse witness;
12.1.3 Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the hearing;
12.1.4 Obtain a written, or, at the option of the parents, electronic verbatim record of the hearing at public expense;
12.1.5 Obtain a written, or, at the option of the parents, electronic decision which includes findings of fact and law; and
12.1.6 Compel the attendance of witnesses:
12.1.6.1 Authority to issue subpoenas rests with the Secretary, or the Secretary’s designee.
12.1.6.2 Upon the application of any party to the Secretary at least 12 days prior to a hearing, a subpoena shall be issued requiring the attendance of the person or persons listed in the application. A copy of the application for subpoenas shall be provided to the hearing panel and to the other party no later than the time it is provided to the Secretary.
12.1.6.3 If a person subpoenaed to attend a hearing fails to obey without reasonable cause, or if such person refuses, without lawful excuse, to be examined or to answer pertinent questions, an application may be filed with the Family Court for an order directing the such person to show cause why he or she should not appear to testify. Upon return of the rule, the Family Court shall examine such person under oath, and if the Family Court shall determine, after giving such person an opportunity to be heard, that he or she refused without legal excuse to attend or testify at the hearing, despite the subpoena, the Family Court may order such person to comply therewith. Any failure to obey the order may be punished as a contempt of the Family Court, pursuant to the Rules of the Family Court.
12.2 Additional disclosure of information; At least 5 business days prior to a hearing conducted pursuant to subsection 1.1, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party’s evaluations that the party intends to use at the hearing.
12.2.1 The hearing panel may bar any party that fails to comply with subsection 12.2 of this regulation from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
12.3 Parental rights at hearings: Any testimony presented at a due process hearing shall be under oath or affirmation. The hearing panel shall ensure that parents have been advised of their procedural safeguards. Parents involved in hearings shall also be given the right to:
12.3.1 Have the child who is the subject of the hearing present;
12.3.2 Open the hearing to the public;
12.3.3 Have the record of the hearing and the findings of fact and decisions provided at no cost to parents; and
12.3.4 Have the hearing conducted at a time and place which is reasonably convenient to the parents and child involved.
12.4 The due process hearing shall be conducted in accordance with hearing rules and procedures as from time to time developed by the DOE for the conduct of special education due process hearings.
(Authority: 14 Del.C. §§3110, 3135, 3137, 3139)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-13.0** Hearing Decisions {#sec-926-13.0 omnilex-key=us-de-regs-official--title-14--926-13.0}
13.1 Decisions of hearing panel: Subject to subsection 13.2 a hearing panel’s determination of whether a child received FAPE shall be based on substantive grounds.
13.2 In matters alleging a procedural violation, a hearing panel may find that a child did not receive a FAPE only if the procedural inadequacies:
13.2.1 Impeded the child’s right to a FAPE;
13.2.2 Significantly impeded the parent’s opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent’s child; or
13.2.3 Caused a deprivation of educational benefit.
13.3 Nothing in subsections 13.1 or 13.2 shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under Sections 1.0 through 36.0.
13.4 Construction clause: Nothing shall be construed to affect the right of a parent to file an appeal of the due process hearing decision under Section 16.0.
13.5 Separate request for a due process hearing: Nothing shall be construed to preclude a parent from filing a separate due process complaint on an issue separate from a due process complaint already filed.
13.6 Findings and decision to Governor’s Advisory Council for Exceptional Citizens and general public: The DOE, after deleting any personally identifiable information, shall transmit the findings and decisions referred to in subsection 12.1.5 to the chairperson of the Governor’s Advisory Council for Exceptional Citizens and make those findings and decisions available to the public by placing legal notice annually in newspapers of sufficient circulation in each of the 3 Delaware counties, that this information may be obtained through the DOE, and by placing the findings and decision on its Website.
(Authority: 20 U.S.C. 1415(f)(3)(E) and (F), 1415(h)(4), 1415(o); 14 Del.C. §§3110, 3137, 3138(f))
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-14.0** Finality of Decision; Appeal; Impartial Review {#sec-926-14.0 omnilex-key=us-de-regs-official--title-14--926-14.0}
Finality of hearing decision: A decision made in a hearing conducted pursuant to Sections 7.0 through 13.0 or Sections 30.0 through 34.0 is final, except that any party involved in the hearing may file a civil action under Section 16.0.
(Authority: 20 U.S.C. 1415(g) and (h)(4), 1415(i)(1)(A), 1415(i)(2); 14 Del.C. §§3110, 3141 and 3142)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-15.0** Timelines and Convenience of Hearings and Reviews {#sec-926-15.0 omnilex-key=us-de-regs-official--title-14--926-15.0}
15.1 The Secretary shall ensure that, not later than 45 days after the expiration of the 30-day period in subsection 10.4, or the adjusted time periods described in subsection 10.5, a final decision is reached in the hearing; and a copy of the decision is mailed to each of the parties.
15.2 The hearing panel, for good cause, may grant specific extensions of time beyond the periods set out in subsection 15.1 at the request of either party; provided however, that a final decision shall be reached and a copy of the decision mailed to each of the parties within 15 days of the date of the hearing, or where applicable, within 15 days of the completion of post-hearing argument. In granting specific extensions, the panel shall ensure that a party’s right to redress is in no way diminished or unnecessarily delayed.
15.3 Each hearing shall be conducted at a time and place that is reasonably convenient to the parents and child involved.
(Authority: 20 U.S.C. 1415(f)(1)(B)(ii), 1415(g), 1415(i)(1) 14 Del.C. §§3110, 3136)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-16.0** Civil Action {#sec-926-16.0 omnilex-key=us-de-regs-official--title-14--926-16.0}
16.1 General: Any party aggrieved by the findings and decision made under Sections 7.0 through 13.0, or Sections 30.0 through 34.0, has the right to bring a civil action with respect to the due process complaint notice requesting a due process hearing under Section 7.0 or Sections 30.0 through 32.0. The action may be brought in the Family Court or in a district court of the United States without regard to the amount in controversy.
16.2 Time limitation: The party bringing the action shall have 90 days from the date of the decision of the hearing panel to file a civil action.
16.3 Additional requirements: In any action brought under subsection 16.1, the Secretary, or the Secretary’s designee, shall certify and file with the court the record of the administrative hearing, which shall include all documents submitted, a transcript of all testimony, and the decision of the hearing panel. The court:
16.3.1 Receives the records of the administrative proceedings;
16.3.2 Hears additional evidence at the request of a party; and
16.3.3 Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.
16.4 Jurisdiction of the district counts: The district courts of the United States have jurisdiction of actions brought under section 615 of the Act without regard to the amount in controversy.
16.5 Rules of Construction: Nothing in these regulations restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under section 615 of the Act, the procedures in Section 7.0 shall be exhausted to the same extent as would be required had the action been brought under section 615 of the Act.
(Authority: 20 U.S.C. 1415(i)(2) and (3)(A), 1415(l) 14 Del.C. §§3110, 3142)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-17.0** Attorneys’ Fees {#sec-926-17.0 omnilex-key=us-de-regs-official--title-14--926-17.0}
17.1 In general: In any action or proceeding brought under section 615 of the Act, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to:
17.1.1 The prevailing party who is the parent of a child with a disability;
17.1.2 To a prevailing party who is an LEA or the DOE against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or
17.1.3 To a prevailing LEA or the DOE against the attorney of a parent, or against the parent, if the parent’s request for a due process hearing or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.
17.2 Reserved.
17.3 Prohibition on use of funds: Funds under Part B of the Act may not be used to pay attorneys’ fees or costs of a party related to any action or proceeding under section 615 of the Act and Subpart E of these regulations.
17.3.1 The prohibition in subsection 17.3 does not preclude a public agency from using funds under Part B of the Act for conducting an action or proceeding under section 615 of the Act.
17.4 Award of fees: A court awards reasonable attorneys’ fees under section 615(i)(3) of the Act consistent with the following:
17.4.1 Fees awarded under section 615(i)(3) of the Act shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this paragraph.
17.4.2 Attorneys’ fees may not be awarded and related costs may not be reimbursed in any action or proceeding under section 615 of the Act for services performed subsequent to the time of a written offer of settlement to a parent if:
17.4.2.1 The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than 10 days before the proceeding begins;
17.4.2.2 The offer is not accepted within 10 days; and
17.4.2.3 The court or administrative hearing panel finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.
17.4.3 Attorneys’ fees may not be awarded relating to any meeting of the IEP Team unless the meeting is convened as a result of an administrative proceeding or judicial action.
17.4.3.1 A resolution meeting conducted pursuant to Section 10.0 shall not be considered a meeting convened as a result of an administrative hearing or judicial action; or an administrative hearing or judicial action for purposes of Section 17.0.
17.4.4 Notwithstanding paragraph subsection 17.4.2, an award of attorneys’ fees and related costs may be made to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.
17.4.4.1 Except as provided in subsection 17.4.5, the court reduces, accordingly, the amount of the attorneys’ fees awarded under section 615 of the Act, if the court finds that:
17.4.4.1.1 The parent, or the parent’s attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;
17.4.4.1.2 The amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;
17.4.4.1.3 The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or
17.4.4.1.4 The attorney representing the parent did not provide to the LEA the appropriate information in the due process request notice in accordance with Section 8.0.
17.4.5 The provisions of subsection 17.4.4.1 do not apply in any action or proceeding if the court finds that the State or local agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of section 615 of the Act.
(Authority: 20 U.S.C. 1415(i)(3)(B)-(G).)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-18.0** Child’s Status During Proceedings {#sec-926-18.0 omnilex-key=us-de-regs-official--title-14--926-18.0}
18.1 Except as provided in Section 33.0, during the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting a due process hearing under Section 7.0, unless the State or local agency and the parents of the child agree otherwise, the child involved in the complaint shall remain in his or her current educational placement.
18.2 If the complaint involves an application for initial admission to public school, the child, with the consent of the parents, shall be placed in the public school program until the completion of all the proceedings.
18.3 If the complaint involves an application for initial services under these regulations from a child who is transitioning from Part C of the Act to Part B and is no longer eligible for Part C services because the child has turned 3, the public agency is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services under 14 DE Admin. Code 925, subsection 1.2 then the public agency shall provide those special education and related services that are not in dispute between the parent and the public agency.
18.4 If the hearing panel in a due process hearing conducted by the DOE agrees with the child’s parents that a change of placement is appropriate, that placement shall be treated as an agreement between the State and the parents for purposes of subsection 18.1.
(Authority: 20 U.S.C. 1415(j); 14 Del.C. §§3110, 3143)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-19.0** Surrogate Parents {#sec-926-19.0 omnilex-key=us-de-regs-official--title-14--926-19.0}
19.1 Definition: As used in this section,
“Educational Surrogate Parent, “Surrogate Parent” and “ESP” all mean a person appointed by the DOE to represent a child who receives, or may be in need of, special education and related services in all educational decision making pertaining to the identification, evaluation, and educational placement of the student and the provision of FAPE to the child.
19.2 General: The DOE shall determine a child’s eligibility for a surrogate parent. The DOE shall appoint a surrogate parent when:
19.2.1 No parent as defined in 14 DE Admin. Code 922, Section 3.0 can be identified;
19.2.2 The public agency, after reasonable efforts, cannot locate a parent. Reasonable efforts shall include, but not be limited to, telephone calls, letters, certified letter with return receipt, or visit to the parents’ last known address;
19.2.3 The parental rights of the child’s parents have been terminated and legal responsibility of the child has not been granted by a court of law to an individual, not to include a State agency, and the child has not been adopted;
19.2.4 The child’s parent has consented voluntarily, in writing, to the appointment of an educational surrogate parent. Such consent is revocable by the parent at any time by written notice to the DOE;
19.2.5 The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)); or
19.2.6 The child is in the custody of the Department of Services for Children, Youth, and their Families and in need of an educational surrogate parent.
19.3 The DOE shall make reasonable efforts to appoint a surrogate parent within 30 days after a request is submitted by an LEA or other public agency.
19.4 A surrogate parent shall not be required for a child who receives, or may be in need of, special education and related services when the child is living in the home of a relative who agrees to act in the place of the parent and for whom a Caregiver’s School Authorization executed in compliance with 14 Del.C. §3132 is on file.
19.5 A child between the ages of 18 and 22 shall remain eligible for the services of a surrogate parent appointed by the DOE, and unless declared incompetent by a court of law, such child shall have the right of access to a surrogate parent; the right to refuse the appointment of a surrogate parent; the right to participate in the selection of a surrogate parent; and the right to terminate the services of the surrogate parent.
19.6 Duties of LEAS and public agencies: All LEAs and public agencies responsible for providing special education and related services to children with disabilities have a duty to:
19.6.1 Identify and locate children who may be in need of surrogate parents;
19.6.2 Develop procedures to identify and locate children who may be in need of surrogate parents; and
19.6.3 Promptly submit a written request to the DOE to appoint a surrogate parent for each child who may be in need of a surrogate parent under these regulations.
19.6.4 For a child in the custody of the Department of Services for Children, Youth and Their Families (DSCYF) who may be in need of a surrogate parent, the DSCYF shall promptly make a written request to the DOE to appoint a surrogate parent. The Family Court may, in the exercise of its proper jurisdiction, order the DSCYF to make a referral.
19.7 Candidacy of surrogate parents: To serve as a surrogate parent, each candidate shall:
19.7.1 Be at least 18 years of age;
19.7.2 Be a legal resident of the United States;
19.7.3 Be competent to represent the child;
19.7.4 Not be an employee of the DOE, an LEA or any other public or private agency responsible for, or involved in the education or care of the child;
19.7.5 Have no interest that conflicts with the interest of the child he or she may represent, including, but not limited to, any professional or personal interest that might restrict or bias his or her ability to advocate for all of the services required to ensure a free, appropriate public education the child;
19.7.6 Receive training about Delaware and federal law and regulations, including due process procedures, disability conditions, educational programs, and special education services for children with disabilities, as required by the DOE in consultation with the Office of the Educational Surrogate Parent Program.
19.7.7 Be able to converse in the primary communication mode used by the child whenever possible; and
19.7.8 Have knowledge and skills that ensure adequate representation of the child.
19.8 Non employee requirement: compensation: A person otherwise qualified to be a surrogate parent under subsection 19.7 is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent. Nor are foster parents considered employees for purposes of these regulations.
19.9 Unaccompanied homeless youth: In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to subsection 19.7.4, until a surrogate parent can be appointed that meets all of the requirements of subsection 19.7.
19.10 Surrogate parent responsibilities: Each surrogate parent shall be responsible for:
19.10.1 Representing the child in all matters relating to the identification, evaluation, and educational placement of the child, and the provision of FAPE to the child;
19.10.2 Becoming thoroughly acquainted with the child’s educational history and other information contained in school records and reports relating to the child’s educational needs;
19.10.3 Granting or denying permission for initial evaluation or placement, and safeguarding the confidentiality of all records and information pertaining to the child to comply with State and federal regulations, including the use of discretion when sharing information with appropriate people for the purpose of furthering the interests of the child;
19.10.4 Participating in the development of an IEP for the child;
19.10.5 Reviewing and evaluating special education programs pertaining to the child and other such programs as may be available;
19.10.6 Initiating mediation, complaint, hearing, or appeal procedures when necessary regarding the identification, evaluation, or educational placement of the child, and seeking qualified legal assistance when such assistance is in the best interest of the child; and
19.10.7 Participating in training provided or required by the DOE, in consultation with the Office of the Educational Surrogate Parent Program, concerning Delaware and federal laws and regulations related to the education of children with disabilities.
19.11 Termination of Surrogate parent services
19.11.1 Voluntary Termination: If the surrogate parent wishes to terminate his or her services, he or she shall notify the DOE in writing, at least 30 days prior to the termination of such services.
19.11.2 Other Termination: The DOE may terminate a surrogate parent’s appointment when it determines that the child no longer qualifies for surrogate parent services under subsection 19.2. The DOE may also terminate a surrogate parent’s appointment for cause, including the failure of the surrogate to discharge his or her duties or to maintain the child’s confidentiality.
19.12 Compensation
19.12.1 The DOE shall compensate surrogate parents for all reasonable and necessary expenses incurred in performance of their duties, including, but not limited to,
19.12.1.1 Mileage for attendance at meetings concerning the child being represented by the surrogate; long distance telephone calls to the school in which the child is being served; and photocopying of the child’s records.
19.13 Liability of the Surrogate Parent
19.13.1 A person appointed by the DOE as surrogate parent shall not be held liable for actions taken in good faith on behalf of the child in protecting the special education rights of the child.
(Authority: 20 U.S.C. 1415(b)(2); 14 Del.C. §§3110, 3132)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-20.0** Transfer of Parental Rights at Age of Majority {#sec-926-20.0 omnilex-key=us-de-regs-official--title-14--926-20.0}
20.1 Age of majority: To assure that children with disabilities who have reached age 18 have an identified decision-maker, which may be the child with a disability, the IEP team shall discuss the potential need for an educational representative during the transfer of rights at age of majority review, and annually thereafter. In determining the need for an educational representative, the IEP team shall consider:
20.1.1 A child with a disability without a court-appointed guardian of the person shall be presumed to have capacity and be accorded the rights of a parent upon attainment of age 18.
20.1.1.1 The public agency shall notify both the child and the parents that all rights accorded to parents under 14 Del.C. §3132(b) transfer to the child.
20.1.2 A child with a disability with capacity may authorize an adult agent to exercise rights through execution of a power of attorney or a standard voluntary grant of authority form published by the Department of Education.
20.1.3 The determination of capacity shall be made by the IEP team during an IEP meeting and shall conform to the following standards:
20.1.3.1 In cases where capacity is uncertain, a school psychologist familiar with the child must attend the initial meeting. For purposes of this section, the term “familiar with the child” means the school psychologist has conducted a recent in-person evaluation of the child which conforms to evaluation procedures established by the Department of Education. In subsequent annual IEP meeting reviews, the participation of a school psychologist is discretionary if it is clear there has been no change in the child’s capacity.
20.1.3.2 The child with a disability and parent, as defined in 14 Del.C. §3101(7), must be invited to participate in the meeting regardless of whether the child has already attained the age of 18.
20.1.3.3 The IEP team may consider information from sources apart from school personnel and may authorize evaluation if necessary to inform its deliberations.
20.1.3.4 If information is ambiguous, any benefit of the doubt shall be exercised in favor of a finding of capacity.
20.1.4 If the IEP team determines that the child lacks capacity, the IEP team shall appoint an individual to serve as an educational representative in the following descending order of priority:
20.1.4.1 Willing and available biological or adoptive parent;
20.1.4.2 Willing and available adult relative.
20.2 If such an individual is not identified, the IEP team shall promptly facilitate a referral to the Department of Education for appointment of an educational surrogate parent. An appointed educational representative shall have the same authority as a parent under 14 Del.C. §3101(7).
20.2.1 If a child with a disability or parent disagrees with the capacity determination, either may contest the determination by pursuing dispute resolution options described in the procedural safeguards in this regulation or in 14 Del.C. Ch. 31.
20.2.2 The capacity determination is limited to exercise of rights under 14 Del.C. Ch. 31 or this regulation and shall not affect exercise of rights in any other context. In furtherance of this limitation, any other statute notwithstanding, the capacity determination shall not be admissible as evidence of competency or capacity in any non-educational judicial or administrative proceeding.
(Authority: 20 U.S.C. 1415(m); 14 Del.C. §§3110, 3132)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-21.0** to 29.0 Reserved {#sec-926-21.0 omnilex-key=us-de-regs-official--title-14--926-21.0}
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-30.0** Discipline Procedures Authority of School Personnel {#sec-926-30.0 omnilex-key=us-de-regs-official--title-14--926-30.0}
30.1 Case by case determination: School personnel may consider any unique circumstances on a case by case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct.
30.2 School personnel under Section 30.0 may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under Section 36.0).
30.2.1 After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the public agency shall provide services to the extent required under subsection 30.4 of this section.
30.3 Additional authority: For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to subsection 30.5, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in subsection 30.4.
30.4 Services:
30.4.1 A child with a disability who is removed from the child’s current placement pursuant to subsection 30.3 or 30.7 shall continue to receive educational services, as provided in 14 DE Admin. Code 923, subsection 1.2 so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.
30.4.2 The services required by subsections 30.4.1, 30.4.3, 30.4.4, and 30.4.5 may be provided in an interim alternative educational setting.
30.4.3 A public agency is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who is similarly removed.
30.4.4 After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under Section 36.0, school personnel, in consultation with at least 1 of the child’s teachers, determine the extent to which services are needed, as provided in 14 DE Admin. Code 923, subsection 1.2 so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
30.4.5 If the removal is a change of placement in Section 36.0, the child’s IEP Team determines appropriate services in subsection 30.4.1.
30.5 Manifestation determination: Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) shall review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine:
30.5.1 If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
30.5.2 If the conduct in question was the direct result of the LEA’s failure to implement the IEP.
30.5.3 The conduct shall be determined to be a manifestation of the child’s disability if the LEA, the parent, and relevant members of the child’s IEP Team determine that a condition in either subsection 30.5.1 or 30.5.2 was met.
30.5.4 If the LEA, the parent, and relevant members of the child’s IEP Team determine the condition described in subsection 30.5.2 was met, the LEA shall take immediate steps to remedy those deficiencies.
30.6 Determination that the behavior was a manifestation: If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team shall either:
30.6.1 Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or
30.6.2 If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and
30.6.3 Except as provided in subsection 30.7, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.
30.7 Special circumstances: School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child:
30.7.1 Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the DOE or an LEA;
30.7.2 Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of the DOE or an LEA; or
30.7.3 Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the DOE or an LEA.
30.8 Notification: The LEA or other public agency shall ensure that the parents, guardian or Relative Caregiver of each child with disabilities receive written notice of the rules and regulations applicable to such children with respect to discipline, suspension, expulsion, and exclusion as a treatment procedure at the beginning of each school year or upon entry into a special education program during the school year; and
30.8.1 On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA shall notify the parents of that decision, and provide the parents the procedural safeguards notice described in Section 4.0.
30.9 Definitions: For purposes of this section, the following definitions apply:
“Controlled Substance” means a drug or other substance identified under schedules I, II, III, IV, or V in section 202c of the Controlled Substances Act (21 U.S.C. 812(c)).
“Illegal Drug” means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.
“Serious Bodily Injury” has the meaning given the term “serious bodily injury” under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.
“Weapon” has the meaning given the term “dangerous weapon” under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.
(Authority: 20 U.S.C. 1415(k)(1) and (7); 14 Del.C. §3110)
Determination of Setting
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-31.0** Determination of Setting {#sec-926-31.0 omnilex-key=us-de-regs-official--title-14--926-31.0}
The child’s IEP Team determines the interim alternative educational setting for services in subsections 30.3, 30.4.5 and 30.7.
(Authority: 20 U.S.C. 1415(k)(2); 14 Del. C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-32.0** Expedited Appeal {#sec-926-32.0 omnilex-key=us-de-regs-official--title-14--926-32.0}
32.1 General: The parent of a child with a disability who disagrees with any decision regarding placement in Sections 30.0 and 31.0, or the manifestation determination in subsection 30.5, or an LEA that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint pursuant to Section 7.0 and subsections 8.1 and 8.2.
32.2 A single, impartial hearing officer appointed by the DOE from its Registry of Impartial Hearing Officers shall make a determination regarding an appeal under subsection 32.1. The hearing officer may:
32.2.1 Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of Section 30.0 or that the child’s behavior was a manifestation of the child’s disability; or
32.2.2 Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
32.2.3 The procedures in subsections 32.1 and 32.2 may be repeated, if the LEA believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.
32.3 Expedited due process hearing:
32.3.1 Whenever a hearing is requested in subsection 32.1, the parents or the LEA involved in the dispute shall have an opportunity for an impartial due process hearing consistent with the requirements of Section 7.0 and subsections 8.1 through 8.3, and Sections 10.0 through 14.0, and 14 Del.C. Ch. 31, except as provided in subsections 32.3.2 through 32.3.4.
32.3.2 The DOE shall be responsible for arranging the expedited due process hearing, which shall occur within 20 school days of the date the complaint requesting the hearing is received by the DOE. The hearing officer shall make a determination within 10 school days after the hearing.
32.3.3 Unless the parents and LEA agree in writing to waive the resolution meeting described in subsection 32.3.3.1 or agree to use the mediation process described in Section 6.0:
32.3.3.1 A resolution meeting shall occur within 7 days of receiving notice of the due process complaint; and
32.3.3.2 The expedited due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.
32.3.4 The decisions on expedited due process hearings are appealable consistent with Section 14.0.
(Authority: 20 U.S.C. 1415(k)(3) and (4)(B), 1415(f)(1)(A) 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-33.0** Placement During Appeals {#sec-926-33.0 omnilex-key=us-de-regs-official--title-14--926-33.0}
When an expedited appeal under Section 32.0 has been made by either the parent or the LEA, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in subsections 30.3 and 30.7, whichever occurs first, unless the parent and the DOE or LEA agree otherwise.
(Authority: 20 U.S.C. 1415(k)(4)(A); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-34.0** Protections for Children not Determined Eligible for Special Education and Related Services {#sec-926-34.0 omnilex-key=us-de-regs-official--title-14--926-34.0}
34.1 General: A child who has not been determined to be eligible for special education and related services under these regulations and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in these regulations if the public agency had knowledge (as determined in accordance with subsection 34.2) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
34.2 Basis of knowledge: A public agency shall be deemed to have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred:
34.2.1 The parent of the child expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;
34.2.2 The parent of the child requested an evaluation of the child pursuant to 14 DE Admin. Code 925, Sections 1.0 through 12.0; or
34.2.3 The teacher of the child, or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the agency or to other supervisory personnel of the agency.
34.3 Exception: A public agency would not be deemed to have knowledge under subsection 34.2 if the parent of the child has not allowed an evaluation of the child pursuant to 14 DE Admin. Code 925, Sections 1.0 through 12.0; or has refused services under these regulations; or the child has been evaluated in accordance with 14 DE Admin. Code 925, Sections 1.0 through 12.0 and determined to not be a child with a disability under these regulations.
34.4 Conditions that apply if no basis of knowledge: If a public agency does not have knowledge that a child is a child with a disability (in accordance with subsections 34.2 and 34.3) prior to taking disciplinary measures against the child, the child may be subjected to the disciplinary measures applied to children without disabilities who engage in comparable behaviors consistent with the following requirements:
34.4.1 If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures in Section 30.0, the evaluation shall be conducted in an expedited manner.
34.4.2 Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
34.4.3 If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with these regulations, including the requirements of Sections 30.0 through 36.0 and section 612(a)(1)(A) of the Act.
(Authority: 20 U.S.C. 1415(k)(5); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-35.0** Referral to and Action by Law Enforcement and Judicial Authorities {#sec-926-35.0 omnilex-key=us-de-regs-official--title-14--926-35.0}
35.1 Rule of construction: Nothing in these regulations prohibits an agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents Delaware law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.
35.2 Transmittal of records: An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.
35.2.1 An agency reporting a crime under this section may transmit copies of the child’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.
(Authority: 20 U.S.C. 1415(k)(6); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
##### **14 Del. Admin. Code § 926-36.0** Change of Placement Because of Disciplinary Removals {#sec-926-36.0 omnilex-key=us-de-regs-official--title-14--926-36.0}
36.1 For purposes of removals of a child with a disability from the child’s current educational placement in Sections 30.0 through 35.0, a change of placement occurs if:
36.1.1 The removal is for more than 10 consecutive school days; or
36.1.2 The child has been subjected to a series of removals that constitute a pattern:
36.1.2.1 Because the series of removals total more than 10 school days in a school year;
36.1.2.2 Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and
36.1.2.3 Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another; or.
36.1.3 The child has been subjected to a series of in-school removals totaling more than 10 school days and it deprives the child from meeting the goals set out in the IEP; progressing in the general curriculum though another setting; and receiving those services and modifications described in the IEP; or the child has been subjected to a series of removals from transportation and it results in the child’s absence from school for more than 10 school days.
36.2 The public agency determines on a case by case basis whether a pattern of removals constitutes a change of placement.
36.3 This determination is subject to review through due process and judicial proceedings.
(Authority: 20 U.S.C. 1415(k); 14 Del.C. §3110)
**History**
- *14 DE Reg. 1065 (04/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *20 DE Reg. 550 (01/01/17)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *14 DE Reg. 1065 (04/01/11)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *26 DE Reg. 847 (04/01/23)*
- *10 DE Reg. 1816 (06/01/07)*
- *14 DE Reg. 1065 (04/01/11)*
- *15 DE Reg. 354 (09/01/11)*
- *19 DE Reg. 1018 (05/01/16)*
- *20 DE Reg. 550 (01/01/17)*
- *26 DE Reg. 847 (04/01/23)*
### **927** Children with Disabilities Subpart F, Monitoring, Enforcement and Confidentiality of Information
##### **14 Del. Admin. Code § 927** Children with Disabilities Subpart F, Monitoring, Enforcement and Confidentiality of Information {#sec-927 omnilex-key=us-de-regs-official--title-14--927}
900 Special Populations
927 Children with Disabilities Subpart F, Monitoring, Enforcement and Confidentiality of Information
Non-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 USC §14079(a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
1.0 General Monitoring and Priority Areas
1.1 State monitoring and enforcement: The DOE will monitor the implementation of these regulations, make determinations annually about the performance of each LEA using the categories in 3.2, enforce these regulations consistent with 4.0, using appropriate enforcement mechanisms, and any other applicable state or federal law as permitted, and annually report to the public on the performance of the State and each LEA under these regulations.
1.2 The primary focus of the State's monitoring activities will be on improving educational results and functional outcomes for all children with disabilities; and ensuring that public agencies meet the program requirements under Part B of the Act and these regulations, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.
1.3 As a part of its responsibilities under this section, the DOE will use quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in 1.4 and the indicators established by the Secretary of the United States Department of Education for the states' performance plans.
1.4 The DOE will monitor LEAs, using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in those areas:
1.4.1 Provision of FAPE in the least restrictive environment.
1.4.2 General supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services.
1.4.3 Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.
1.5 In exercising its monitoring responsibilities under 1.4 of this section, the DOE will ensure that when it identifies noncompliance with the requirements of Part B of the Act or these regulations by LEAs, the noncompliance is corrected as soon as possible, and in no case later than one year after the DOE’s identification of noncompliance.
1.6 Nothing in this section shall be construed to restrict the DOE from utilizing any other method, activity or authority available to it to monitor and enforce the requirements of Part B of the Act and these regulations.
(Authority: 20 U.S.C. 1416(a); 14 Del.C. §§122 and 3110)
14 DE Reg. 1067 (04/01/11)
2.0 State and Local Performance Plans and Public Reports
2.1 State performance plan and annual performance reports: The DOE will submit a State performance plan to the United States Department of Education at such times and in such manner and format as required by the Secretary of the United States Department of Education.
2.1.1 The state performance plan will include measurable and rigorous targets for any indicators required by the Secretary of the United States Department of Education for the priority areas in 1.4.
2.1.2 The DOE will make the State's performance plan available through public means, including posting it on DOE’s website, distributing it to the media and distributing it through other public agencies within a reasonable time after its federal submission.
2.1.3 The DOE will report annually to the United States Department of Education on the performance of the State under the State's performance plan, in the manner and format required by the United State Secretary of Education.
2.1.3.1 The DOE will make available through public means any annual State performance report the DOE submits to the United State’s Department of Education, including posting it on the DOE’s website, and distributing it to the media and through other public agencies within a reasonable time after its federal submission.
2.1.4 Federal determination review: The Secretary of the United State’s Department of Education annually reviews the State's annual performance report, submitted under 2.1.3, and determines whether the State meets the requirements and purposes of Part B of the Act, and if not, the level of assistance and intervention the State requires to meet those requirements and purposes. The DOE will make the Secretary’s determination publicly available by posting it on the DOE’s website within a reasonable time after its federal submission.
2.2 DOE public reporting of LEA performance.
2.2.1 LEA Obligations: Each LEA shall use the targets established in the State's performance plan, and the priority areas described in 1.4, to analyze and report on its performance to the DOE. The LEA’s report shall be submitted in the manner and format required by the DOE.
2.2.2 The DOE will report annually to the public on the performance of each LEA located in the State on the targets in the State's performance plan as soon as practicable, but no later than 120 days following the DOE’s submission of its annual performance report to the Secretary of the United States Department of Education. The DOE will also make available through public means any report on the performance of an LEA on the targets in the State’s performance plan, including posting it on the DOE’s website, and distributing it to the media and through other means. If the DOE collects performance data through monitoring or sampling, the DOE will include in its report the most recently available performance data on each LEA, and the date the data were obtained.
2.3 Privacy: The DOE will not report to the public or the Secretary of the United States Department of Education any information on performance that would result in the disclosure of personally identifiable information about individual children, or where the available data are insufficient to yield statistically reliable information. The DOE’s obligation under this subsection shall not be construed to create an individual cause of action for its violation.
(Authority: 20 U.S.C. 1416(b); 14 Del.C. §§122 and 3110)
14 DE Reg. 1067 (04/01/11)
3.0 DOE’s Review and Determination Regarding LEA Performance
3.1 The DOE will annually review the performance of LEAs on the targets in the State’s performance plan. The DOE’s review may include such other data, indicators and monitoring information as it determines appropriate to fully review an LEA’s performance under, and compliance with, these regulations.
3.2 Determination: Based on its annual performance review, the DOE will determine if an LEA:
3.2.1 Meets the requirements and purposes of Part B of the Act and these regulations;
3.2.2 Needs assistance in implementing the requirements of Part B of the Act and these regulations;
3.2.3 Needs intervention in implementing the requirements of Part B of the Act and these regulations; or
3.2.4 Needs substantial intervention in implementing the requirements of Part B of the Act and these regulations.
3.3 Notice and opportunity for a hearing.
3.3.1 The DOE will provide reasonable notice and an opportunity for a hearing on any determination that an LEA needs intervention, or needs substantial intervention, in implementing the requirements of Part B of the Act and these regulations.
3.3.2 The hearing described in 3.3.1 will consist of an opportunity to meet with the Associate Secretary of the DOE’s Curriculum and Instructional Improvement Branch, or with a designee of the Secretary, to demonstrate why the DOE should not make the determination described in 3.2.
(Authority: 20 U.S.C. 1416(d); 14 Del.C. §§122 and 3110)
4.0 Enforcement of Determination Findings
4.1 Needs assistance: If the DOE determines, for two consecutive years, that an LEA needs assistance in implementing the requirements of Part B of the Act and these regulations, the DOE shall take one or more of the following actions:
4.1.1 Advise the LEA of available sources of technical assistance that may help the LEA address the areas in which the LEA needs assistance, which may include assistance from the DOE, other State agencies, Federal agencies, technical assistance providers, and state and federal nonprofit agencies, and require the LEA to work with appropriate entities. Such technical assistance may include:
4.1.1.1 The provision of advice by experts to address the areas in which the LEA needs assistance, including explicit plans for addressing the area for concern within a specified period of time;
4.1.1.2 Assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research;
4.1.1.3 Designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support; and
4.1.1.4 Devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance, and private providers of scientifically based technical assistance.
4.1.2 Direct the use of LEA sub grants under Section 611(f) of the Act on the area or areas in which the LEA needs assistance.
4.1.3 Identify the LEA as a high-risk grantee and impose special conditions on the LEA's sub grant under Part B of the Act.
4.2 Needs intervention: If the DOE determines, for three or more consecutive years, that an LEA needs intervention in implementing the requirements of Part B of the Act and these regulations, the following shall apply:
4.2.1 The DOE may take any of the actions described in 4.1.
4.2.2 The DOE shall take one or more of the following actions:
4.2.2.1 Require the LEA to prepare a corrective action plan or improvement plan if the DOE determines that the LEA should be able to correct the problem within one year.
4.2.2.2 Require the LEA to enter into a compliance agreement with the DOE if the DOE has reason to believe that the LEA cannot correct the problem within one year. The compliance agreement shall be developed in accordance with the standards in the federal General Education Provisions Act, 20 U.S.C. § 1234f, to the extent practicable. Any hearing held as part of the development of a compliance agreement shall be conducted in accordance with Delaware Department of Education’s “Hearing Procedures and Rules” as from time to time amended.
4.2.2.3 For each year of the determination, withhold not less than 20 percent and not more than 50 percent of the LEA's sub grant under section 611(f) of the Act, until the DOE determines the LEA has sufficiently addressed the areas in which the LEA needs intervention.
4.2.2.4 Seek to recover funds in any manner available under state or federal law. Prior to taking any action to recover funds, DOE will provide reasonable written notice of the proposed action and an opportunity for a hearing to the LEA involved. The hearing shall be conducted in accordance with Delaware Department of Education’s “Hearing Procedures and Rules” as from time to time amended.
4.2.2.5 Withhold, in whole or in part, any further payments to the LEA under Part B of the Act.
4.2.2.6 Refer the matter for any other appropriate enforcement action.
4.3 Needs substantial intervention: Notwithstanding any provision in 4.1 or 4.2 to the contrary, at any time that the DOE determines that an LEA needs substantial intervention in implementing the requirements of Part B of the Act, or that there is a substantial failure to comply with any condition of the LEA's eligibility under Part B of the Act, the DOE shall take one or more of the following actions:
4.3.1 Seek to recover funds in any manner available under state or federal law. Prior to taking any action to recover funds, DOE will provide reasonable written notice of the proposed action and an opportunity for a hearing to the LEA involved. The hearing shall be conducted in accordance with Delaware Department of Education’s “Hearing Procedures and Rules” as from time to time amended.
4.3.2 Withhold, in whole or in part, any further payments to the LEA under Part B of the Act.
4.3.3 Refer the case to any other appropriate state or federal agency.
4.3.4 Refer the matter for any other appropriate enforcement action.
(Authority: 20 U.S.C. 1416(e)(1)-(e)(3), (e)(5); 14 Del.C. §§122 and 3110)
5.0 Withholding Funds
5.1 Opportunity for hearing: Prior to withholding any funds under Part B of the Act, the DOE will provide reasonable written notice of the proposed withholding and an opportunity for a hearing to the LEA involved. The hearing shall be conducted in accordance with Delaware Department of Education’s “Hearing Procedures and Rules” as from time to time amended.
5.2 Suspension: Pending the outcome of any hearing to withhold payments under 5.1 the DOE may suspend payments to the LEA, suspend the authority of the LEA to obligate funds under Part B of the Act, or both, after the LEA has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate funds under Part B of the Act should not be suspended.
5.3 Nature of withholding: If the DOE determines that it is appropriate to withhold further payments to an LEA, the DOE may determine that:
5.3.1 That the withholding will be limited to programs or projects, or portions of programs or projects, that affected the DOE's determination in 3.2; or
5.3.2 That the LEA shall not make further payments under Part B of the Act to specified programs, providers or vendors that caused or were involved in the DOE’s determination in 3.2.
5.3.3 Until the DOE is satisfied that the condition that caused the initial withholding has been substantially rectified, payments to the LEA under Part B of the Act may be withheld in whole or in part; and payments by the LEA under Part B of the Act shall be limited to programs, providers and vendors whose actions did not cause or were not involved in the DOE's determination in 3.2, as the case may be.
(Authority: 20 U.S.C. 1416(e)(4), (e)(6); 14 Del.C. §3110)
6.0 Reserved
7.0 Reserved
8.0 State Enforcement through Maintenance of Effort
8.1 If the DOE determines that an LEA is not meeting the requirements of Part B of the Act or these regulations, including the targets in the State's performance plan, the LEA is prohibited from reducing the LEA's maintenance of effort under 14 DE Admin. Code 924.3.0 for any fiscal year.
8.2 Nothing in this subpart shall be construed to restrict the DOE from utilizing any other authority available to it to monitor and enforce the requirements of Part B of the Act and these regulations.
(Authority: 20 U.S.C. 1416(f); 20 U.S.C. 1412(a)(11); 14 Del.C. §3110)
9.0 Reserved
10.0 Confidentiality of Personally Identifiable Data, Information and Records
To ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by public agencies pursuant to Part B of the Act, the DOE, each LEA and any other public agency shall comply with applicable provisions of 14 DE Admin. Code 251 and 252 and with 11.0 through 26.0.
(Authority: 20 U.S.C. 1417(c); 14 Del.C. §§3110 and 4111)
11.0 Definitions as used in 11.0 through 26.0.
“Destruction” means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.
“Education Records” means the type of records covered under the definition of ``education records'' in 34 CFR part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)).
“Participating Agency” means any agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of the Act.
(Authority: 20 U.S.C. 1221e-3, 1412(a)(8), 1417(c); 14 Del.C. §§3110 and 4111)
12.0 DOE Confidentiality Notice to Parents
12.1 The DOE will notify parents about the confidentiality requirements of 14 DE Admin. Code 251 and 252, and with 11.0 through 26.0, through any method the DOE determines is adequate to fully inform parents, including posting the information on its website. Such notice shall include:
12.1.1 A description of the extent that the notice is given in the native languages of the various population groups in Delaware;
12.1.2 A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the DOE intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;
12.1.3 A summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and
12.1.4 A description of all of the rights of parents and children regarding this information, including the rights under FERPA and implementing regulations in 34 CFR part 99.
12.2 Before any major identification, location, or evaluation activity, the notice required by 12.1shall be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout Delaware of the activity.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
13.0 Rights to Access Educational Records
13.1 Each participating agency shall permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under these regulations. The agency shall comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to DE Admin. Code 926.7.0 or 926.30.0 through 926.32.0 or resolution session pursuant to DE Admin. Code 926.10.0, and in no case more than 45 days after the request has been made.
13.2 The right to inspect and review education records under this section includes:
13.2.1 The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records;
13.2.2 The right to request that the agency provide copies of the records, except the actual evaluation or examination instrument; and
13.2.3 The right to have a representative of the parent inspect and review the records.
13.3 An agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable State laws governing such matters as guardianship, separation, and divorce.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
14 DE Reg. 1067 (04/01/11)
14.0 Record of Access to Education Records
Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the Act (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
15.0 Education Records on More Than One Child
If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
16.0 List of Types and Locations of Information
Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
17.0 Fees for Records
17.1 Each participating agency may either provide copies of records to parents under these regulations at no charge or subject to a fee not to exceed the actual cost of the records. Under no circumstances shall a fee be assessed which effectively prevents the parents from exercising their right to inspect, review and copy the records.
17.2 A participating agency may not charge a fee to search for or to retrieve information under these regulations.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3130 and 4111)
15 DE Reg. 355 (09/01/11)
18.0 Amendment of Education Records at Parent's Request
18.1 A parent who believes that information in the education records collected, maintained, or used under these regulations is inaccurate or misleading or violates the privacy or other rights of the child may request the participating agency that maintains the information to amend the information.
18.2 The agency shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.
18.3 If the agency decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal and advise the parent of the right to a hearing in 19.0.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
19.0 Opportunity for a Hearing Regarding Records
The agency shall, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3130 and 4111)
20.0 Result of Hearing
20.1 If, as a result of a hearing in 19.0, the agency decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it shall amend the information accordingly and so inform the parent in writing.
20.2 If, as a result of the hearing, the agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall inform the parent of the parent's right to place in the records the agency maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the agency.
20.3 Any explanation placed in the records of the child under this section shall be maintained by the agency as part of the records of the child as long as the record or contested portion is maintained by the agency; and if the records of the child or the contested portion is disclosed by the agency to any party, the explanation shall also be disclosed to the party.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3130 and 4111)
21.0 Hearing Procedures
A hearing held under 19.0 shall be conducted according to the procedures in federal regulations implementing FERPA at 34 CFR 99.22.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
22.0 Consent for Releasing Personally Identifiable Information
22.1 Parental consent shall be obtained before personally identifiable information is disclosed to parties (other than officials of participating agencies in accordance with 22.2, 22.3 and 22.4) unless the information is contained in education records, and the disclosure is authorized without parental consent under federal regulations implementing FERPA at 34 CFR part 99.
22.2 Except as provided in 22.3 and 22.4, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of these regulations.
22.3 Parental consent, or the consent of an eligible child who has reached the age of 18, shall be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with 14 DE Admin. Code 925.21.2.2.
22.4 If a child is enrolled, or is going to enroll in a private school that is not located in the LEA of the parent's residence, parental consent shall be obtained before any personally identifiable information about the child is released between officials in the LEA where the private school is located and officials in the LEA of the parent's residence.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
14 DE Reg. 1067 (04/01/11)
23.0 Other Safeguards
23.1 Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.
23.2 One official at each participating agency shall assume responsibility for ensuring the confidentiality of any personally identifiable information.
23.3 All persons collecting or using personally identifiable information shall receive training or instruction regarding 11.0 through 26.0, 14 DE Admin. Code 251 and 252, and the federal regulations implementing FERPA at 34 CFR part 99.
23.4 Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
24.0 Destruction of Information
24.1 The public agency shall inform parents when personally identifiable information collected, maintained, or used under these regulations is no longer needed to provide educational services to the child.
24.2 The information shall be destroyed at the request of the parents. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
25.0 Children's Privacy and Confidentiality Rights
25.1 Except as otherwise provided in 25.2, when a child with a disability reaches the age of 18, and no guardian has been appointed over the person of the child, all rights and entitlements accorded to parents under these regulations, including the rights of privacy and confidentiality, shall be deemed accorded directly to the child with a disability.
25.2 Under the federal regulations implementing FERPA at 34 CFR 99.3 and 99.5(a), the rights of parents regarding education records are also transferred to a child with a disability at age 18 or when the child is attending an institution of postsecondary education.
25.3 Notwithstanding 25.1 and 25.2, any public notice required under section 615 of the Act shall be provided to both the student and the parents.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 1 Del.C. §701; 14 Del.C. §§3110 and 4111)
26.0 Enforcement of Confidentiality Requirements.
The DOE may enforce the confidentiality requirements of 10.0 through 25.0, including the imposition of sanctions, through its general supervision and monitoring activities, including 1.0 through 8.0.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§3110 and 4111)
27.0 to 39.0 Reserved
40.0 Annual Report of Children Served Report Requirement and Protection of Personally Identifiable Data.
The DOE annually reports to the Secretary of the United States Department of Education on the information required by section 618 of the Act. The DOE will also publicly report the data required by the Secretary in a manner that does not result in disclosure of data identifiable to individual children.
(Authority: 20 U.S.C. 1418(a); 14 Del.C. §§3110 and 4110)
41.0 to 44.0 Reserved
45.0 Public Agency Duties Regarding Annual Report of Children Served
45.1 Comply with the DOE’s procedures, instructions and forms in counting the number of children with disabilities receiving special education and related services;
45.2 Meet any established timeline or due date for reporting to the DOE under these regulations, including timelines necessary for the DOE’s timely report to the United States Department of Education in accordance with 40.0;
45.3 Certify to the DOE that an unduplicated and accurate count has been made of its children with disabilities;
45.4 Aggregate the data from its count to the extent and in the manner directed by the DOE; and
45.5 Ensure that documentation is maintained that enables the LEA and the DOE to audit the accuracy of the count.
(Authority: 20 U.S.C. 1418(a); 14 Del.C. §3110)
46.0 Disproportionality
46.1 General: Each LEA and other public agency shall comply with the DOE’s procedures, instructions and forms for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in Delaware and the LEAs of the State with respect to:
46.1.1 The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in section 602(3) of the Act;
46.1.2 The placement in particular educational settings of these children; and
46.1.3 The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
46.1.4 Review and revision of policies, practices, and procedures: In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children, in accordance with 46.1, the DOE shall:
46.1.4.1 Provide for the review and, if appropriate revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of the Act.
46.1.4.2 Require any LEA identified in 46.1 to reserve the maximum amount of funds under section 613(f) of the Act to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly, but not exclusively, children in those groups that were significantly over identified 46.1; and
46.1.4.3 Require the LEA to publicly report on the revision of policies, practices, and procedures described 46.1.4.1.
(Authority: 20 U.S.C. 1418(d); 14 Del.C. §3110)
10 DE Reg. 1816 (06/01/07)
15 DE Reg. 355 (09/01/11)
### **928** Children with Disabilities Subpart G Use and Administration of Funds
##### **14 Del. Admin. Code § 928** Children with Disabilities Subpart G Use and Administration of Funds {#sec-928 omnilex-key=us-de-regs-official--title-14--928}
900 Special Populations
928 Children with Disabilities Subpart G Use and Administration of Funds
Non-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 USC §14079(a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
1.0 Administration of Funds: DOE Audit
1.1 Administration of Funds: Funds for the education of children with disabilities shall be administered pursuant to Title 14 of the Delaware Code, these regulations and 14 DE Admin. Code 701.
1.2 Child Count procedures: Each public agency shall participate in the annual count of children served under the Act in accordance with procedures and forms developed by the DOE. Such procedures and forms shall conform to applicable state and federal requirements, regulations and written instructions.
1.3 Unit count audit and recovery of funds for children counted in needs based funding levels incongruent with IEP needs identified: DOE shall conduct a random audit in each LEA as soon as possible after September 30.
1.3.1 The purpose of the audit is to ensure that students reported as part of a special education unit as of September 30 are eligible for special education services as part of that unit on or prior to September 30 and that such services are being provided. The audit may be joined with other monitoring activities in the discretion of the DOE.
1.3.2 The specific procedures used to authenticate the count of children with disabilities shall be provided through written guidance by the DOE.
1.3.3 Nothing in this regulation limits DOE’s monitoring and general supervisory authority or its ability to identify any federal or state regulatory non-compliance at times other than the audit of State units as of September 30, including as part of other routine monitoring activities.
(Authority: 14 Del.C. §§122 and 3110)
14 DE Reg. 1069 (04/01/11)
15 DE Reg. 356 (09/01/11)
2.0 Reserved
3.0 State Funding for Children with Disabilities
3.1 State funding under the unit system is contingent upon: the proper identification of children with disabilities in accordance with Title 14 of the Delaware Code and these regulations; and a satisfactory DOE audit to document the child count for units awarded on September 30, and to document the availability of current and complete IEPs for children included in the count.
3.2 Paraprofessional Positions for Services to Children with Disabilities authorized under 14 Del.C. §1324.
3.2.1 As used in 3.2, the term “Paraprofessional” means “Paraeducator” “Instructional Paraeducator” and “Service Paraeducator” all as defined in 14 DE Admin. Code 1517.
3.2.2 All paraprofessionals shall work under the supervision of teachers.
3.2.3 The use and ratio of paraprofessionals to teachers shall be dependent upon the rationale developed by the public agency.
3.2.4 The DOE will authorize the needs based funding rubric which reflects the primary services and costs associated with the needs based funding units.
3.2.4.1 The rubric authorized by DOE will be consistent with the conditions for needs based units described in Title 14 Chapter 17 1703(d) and must be used by all districts and charter schools.
3.2.4.2 The rubric will be published electronically annually through DOE’s unit count web based portal.
3.2.4.3 Districts and charter schools shall assign each student with a disability as a preschool, basic, intensive or complex unit based on the educational needs of the student identified in the Individualized Education Program (IEP).
3.2.5 All units generated by special education students are to be used for professional staff to support students with disabilities to include special education teachers, school psychologists, speech language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers. All other conditions as described in Title 14, Chapter 17 regarding needs based unit funding apply.
3.2.5.1 All districts and charter schools will submit annual documentation to the DOE certifying that preschool, basic, intensive and complex units earned are used to provide services to children counted in those units.
3.2.5.2 Forms for annual certifying documentation for needs based units will be published electronically through DOE’s web based unit count portal.
3.3 School Nurses (as authorized by 14 Del.C. §1310)
3.3.1 A nurse shall be employed for a combination of eight (8) or more complex or intensive units of children when those units are counted through a special school or program, and for hearing impairment as per statutory formula, i.e., 40:1. Such units shall be subtracted from the LEA’s total units so that they are not counted twice.
3.4 Other Positions for Services to Children with Disabilities
3.4.1 Any special school or program with an enrollment of 10 or more units may employ a secretary (for 12 months per year) and proportional secretarial services for less than 10 units. Such units must be subtracted from the LEA’s total units so that they are not counted twice.
3.4.2 Custodial services shall be provided upon the regular custodial formula with consideration given for residence hall care.
3.4.3 An instructional media specialist shall be assigned to the school for the deaf when there is a minimum of 60 children.
3.4.4 Whenever the DOE with the approval of the State Board of Education designates a particular school district to serve as administrator for the statewide program for deaf blind pupils, that district may employ as a statewide coordinator at the principal’s rank and salary.
(Authority: 14 Del.C. §§122 and 3110)
15 DE Reg. 356 (09/01/11)
4.0 Team Assurance
At the completion of an IEP meeting for a child with a disability, the team will discuss and review the needs based funding unit and assure in writing that adequate resources are available to implement the IEP.
15 DE Reg. 356 (09/01/11)
5.0 Federal Sub Grants to LEAs
5.1 DOE shall distribute any funds the State receives as part of its federal allocation under Part B of the Act, and does not reserve for permissible state activities, to LEAs (including public charter schools that operate as LEAs) in Delaware that have established their eligibility under section 613 of the Act (20 U.S.C. 1413) and these regulations for use in accordance with Part B of the Act.
5.2 Allocations to LEAs: The amount of the allocation DOE makes to eligible LEAs for each fiscal year Delaware receives a federal allocation under Part B of the Act shall be determined in accordance with 34 C.F.R. §300.705(b) and corresponding federal guidance and instructions.
5.3 Reallocation of funds: If DOE determines that an LEA is adequately providing FAPE to all children with disabilities residing in the area served by that agency with State and local funds, the DOE may reallocate any portion of the federal funds under these regulations that are not needed by that LEA to provide FAPE, to other LEAs in Delaware that are not adequately providing special education and related services to all children with disabilities residing in the areas served by those other LEAs.
5.4 Application required: Each LEA seeking a sub grant shall complete and submit an application to DOE. The application shall: be submitted during the time frames established by DOE; be completed on or in such written or electronic form as DOE requires; include any certifications and assurances required by DOE; and be consolidated with the LEA’s application for other federal programs to the extent permitted by DOE procedures.
5.5 Review of application: appeal of adverse determination
5.5.1 DOE shall review each timely sub grant application, notify the LEA whether its application is approved or not approved, and advise the LEA of any conditions which must be met in order for the application to be approved.
5.5.2 Any amendment or revision to an LEA application shall be submitted in such written or electronic form as DOE requires and reviewed using the same requirements and procedures used for an initial application.
5.5.3 In the event that DOE and the LEA cannot negotiate and effect an approved sub grant application, DOE shall notify the LEA in writing of its intent to disapprove all or part of the application. This notice shall also inform the LEA that it is entitled to a hearing before the DOE’s final decision to disapprove all or part of the application, and shall advise the LEA of the procedure for requesting a hearing.
5.5.4 An LEA shall have thirty (30) days to request a hearing, beginning on the date of the DOE’s notice to the LEA of its right to a hearing. The request for a hearing must be filed in writing with the Secretary and shall explain why the LEA believes its application should be approved.
5.5.5 The LEA shall have access, at a reasonable time and location, to all of the Department’s records pertaining to the application and to the applications of other LEAs.
5.5.6 The DOE shall schedule and conduct a hearing on the record within 30 days of the Secretary’s receipt of a hearing request from the LEA. Except as otherwise specifically provided in this section, the hearing shall be conducted in accordance with Delaware Department of Education’s “Hearing Procedures and Rules” as from time to time amended.
5.5.7 No later than 10 days after the hearing, the DOE shall issue its written ruling, which shall include findings of fact and the reasons for its decision.
5.5.7.1 If the DOE determines that its intention to disapprove all or part of the application was contrary to applicable state or federal law, the Department shall rescind its intent to disapprove the application and shall issue an approval consistent with the requirements of such laws.
5.5.7.2 If the DOE issues a final disapproval of all or part of the application, the LEA may appeal that decision to the Secretary of the United States Department of Education. The LEA must file a notice of appeal with the Secretary of the United States Department of Education within 20 days of the final disapproval of the Delaware Department of Education. A copy of the LEA’s federal notice of appeal must be filed with the Delaware Department of Education when it is filed with the United States Secretary of Education.
(Authority: 20 U.S.C. 1411(f); 14 Del.C. §3110; see also 34 CFR 76.401(d))
6.0 to 17.0 Reserved
18.0 Facilities, Equipment and Materials
18.1 All instructional or treatment programs for children with disabilities shall provide appropriate materials and equipment for implementation of individualized education programs.
18.2 Compliance with certain regulations. All facilities which house programs for children with disabilities shall meet State and federal standards with regard to space, health, fire, safety, and barrier free regulations, including as applicable:
18.2.1 Appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the “Americans with Disabilities Accessibility Standards for Buildings and Facilities”); or
18.2.2 Appendix A of subpart 101-19.6 of title 41, Code of Federal Regulations (commonly known as the “Uniform Federal Accessibility Standards”).
(Authority: 20 U.S.C. 1404; 14 Del.C. §3110)
Subpart H Reserved
1.0 through 18.0 Reserved
Note to Readers: Subpart H of the federal regulations addresses the way the United States Department of Education’s allocates Preschool Grants for Children with Disabilities to the State, i.e., no further state level regulation is necessary to implement Subpart H. The subpart is reserved, however, to preserve the integrity of the federal numbering system to the extent feasible under the State regulatory numbering system.
10 DE Reg. 1816 (06/01/07)
15 DE Reg. 356 (09/01/11)
### **929** Children with Disabilities Subpart I Special Programs and Unique Educational Alternatives
##### **14 Del. Admin. Code § 929** Children with Disabilities Subpart I Special Programs and Unique Educational Alternatives {#sec-929 omnilex-key=us-de-regs-official--title-14--929}
900 Special Populations
929 Children with Disabilities Subpart I Special Programs and Unique Educational Alternatives
Non-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 USC §14079a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
1.0 Special Programs for Children who are Deaf-Blind
1.1 The Margaret S. Sterck School, Delaware School for the Deaf, located in the Christina School District, shall have administrative responsibility for providing services to the deaf-blind program.
2.0 Special Programs for Children with Autism.
2.1 The following definitions shall apply to this section:
“Accepted Clinical Practice” means any behavior management procedure or treatment, the effectiveness of which has received clear empirical support as documented by publication in peer reviewed journals or similar professional literature.
“Behavior Management Procedure” means any procedure used to modify the rate or form of a target behavior.
“Behavior Management Target” means any child's behavior that either causes or is likely to cause (a) injury to the child (e.g., self abuse), (b) injury to another person (e.g., aggression), (c) damage to property, (d) a significant reduction in the child's actual or anticipated rate of learning (e.g., self stimulation, noncompliance, etc.) or (e) a significant reduction in the societal acceptability of a child (e.g., public masturbation, public disrobing, etc.).
“Emergency Intervention Procedure” means any procedure used to modify episodic dangerous behavior (e.g., self injurious behaviors, physical aggression property destruction) identified in a behavioral intervention plan.
“Ethical Use” means the application of a procedure in a manner that is consistent with current community values and protects all of a child's rights.
“Informed Consent” means knowing and voluntary consent by the parent(s), based upon a thorough explanation by the program staff member supervising the individualized Behavior Management procedure, of the nature of the procedure, the possible alternative procedures, the expected behavior outcomes, the possible side effects (positive and negative), the risks and discomforts that may be involved, and the right to revoke the Procedure at any time.
“Least Restrictive Procedure” means that behavior management procedure which is the least intrusive into, and least disruptive of, the child's life, and that represents the least departure from normal patterns of living that can be effective in meeting the child's educational needs.
“School” means any public school or program (special education or otherwise), which has enrolled a child who is primarily eligible for special education related services under the autism classification.
2.2 The Statewide Monitoring Review Board (SMRB) shall be generally administered by the Director for State Services for Children with Autism and the DOE’s Director of the Exceptional Children and Early Childhood Education Group.
2.2.1 The purpose of the SMRB is to define research based best educational practices for students with autism served in approved programs in Delaware. This includes reviewing and making recommendations to the Secretary regarding the special education and related services for children with autism in approved programs, including programs for students with autism whose placement in private facilities has been authorized by DOE.
2.2.2 The SMRB shall consist of the following members:
2.2.2.1 Director for State Services for Children with Autism.
2.2.2.2 Director of the Exceptional Children and Early Childhood Education Group, or the Director’s designee.
2.2.2.3 One administrator from each LEA with an approved program for students with autism, or their designee. The administrator or designee must have experience in, and responsibility for, the program for students with autism.
2.2.2.4 One non administrative experienced professional from each approved program for students with autism. These individuals are nominated by the administrator responsible for the approved program and are subject to the approval of the Director for State Services for Children with Autism.
2.2.2.5 Two nonvoting public representatives nominated annually by the Statewide Parent Advisory Committee. These individuals must not have a child currently served in an approved program.
2.2.3 The SMRB shall operate under the following procedures:
2.2.3.1 The Director of State Services for Children with Autism shall serve as the Chairperson of the Board.
2.2.3.2 A majority of the voting members of the board shall constitute a quorum.
2.2.3.3 Decisions of the Board shall be determined by a majority vote of the quorum.
2.2.3.4 The chairperson shall set mutually agreeable times and places for meetings, which shall be scheduled at least five times per year, contingent upon agenda items.
2.2.3.5 The SMRB shall discharge its responsibilities in accordance with the Act and these regulations.
2.2.3.6 The SMRB shall function in an advisory capacity and the procedural safeguards guaranteed to students with autism, their parents (as defined under the Act), and LEAs or other public agencies, shall not be diminished by the activities of the SMRB.
2.2.4 The SMRB has the following responsibilities:
2.2.4.1 To determine which educational methods and curricula are consistent with research based best practices for students with autism. This includes reviewing and making recommendations regarding proposed new practices.
2.2.4.1.1 Requests for review of practices may be submitted to the SMRB by SMRB members, the Secretary, the State Parent Advisory Committee, superintendents or chief administrators of LEAs.
2.2.4.1.2 If the party making the request for review disagrees with the recommendation of the SMRB regarding best educational practices, they may request the Secretary appoint an independent expert to review the practice. The procedural safeguards guaranteed to students with autism, their parents (as defined under the Act) and LEAs or other public agencies, shall not be diminished by any recommendations of an independent expert appointed by the Secretary.
2.2.4.2 To review, at least annually, educational programming and aggregated performance data for students with autism in approved programs in Delaware.
2.2.4.3 To make recommendations based on this review regarding appropriate strategies, supports, services, and professional development necessary to ensure the implementation of research based best educational practices with respect to the evaluation and educational programming for students with autism.
2.2.4.4 To assist LEAs with approved programs in developing and implementing plans to address the recommendations of the SMRB.
2.2.4.5 To submit an Annual Report by September 1 of each year to the Secretary, the State Board of Education, and the Governor’s Advisory Council for Exceptional Citizens.
2.3 A Parent Advisory Committee (PAC) shall be established by each local education agency operating a center for the Delaware Autism Program.
2.3.1 The function of the PAC shall be to advise the LEA on matters pertaining to the local center. A PAC formed under this section may combine its activities and meetings with other local parent organizations or committees serving children with disabilities.
2.3.2 Each PAC shall meet no less than four times each year and shall be representative of the age groups of children with autism served by the local center.
2.3.3 When an LEA operates a residential program, at least one member of the PAC shall be a parent of a child with autism served in the residential program associated with that center.
2.4 A Statewide Parent Advisory Committee (SPAC) shall be established whose membership shall consist of one representative elected annually from each local education agency PAC.
2.4.1 The SPAC shall meet no less than four times each year with the Director of DAP advising on matters pertaining to the program.
2.4.2 The establishment and revision of bylaws for the SPAC shall be by majority vote of all of its eligible members.
2.4.3 A current statewide membership list shall be provided to all parents.
2.4.4 Reimbursement for travel expenses shall be available to members of the SPAC.
2.5 A Peer Review Committee (PRC) shall be established by the Director of the Delaware Autism Program (DAP) and DOE in consultation with the Statewide Monitoring Review Board (SMRB).
2.5.1 Purpose: The purpose of the PRC shall be to review, in light of accepted clinical practice, the professional and clinical issues involved in the use of behavior management procedures to ensure their appropriate use by the staff of an LEA serving children with autism.
2.5.2 Composition: The PRC shall consist of three to five members who shall be competent, knowledgeable professionals with at least three years of post doctoral experience in the theory and ethical application of behavior management procedures. Membership shall be external to the Delaware Autism Program, DOE, any Delaware LEA, and any other State agency or department, excluding State institutions of higher education. Members shall not belong to any in-State committee, council, board or program that deals directly with children with autism.
2.5.3 Operation: The PRC shall elect a chairperson and shall adopt a set of rules to guide its operation. A copy of these rules shall be provided to the DOE and the Director of the DAP.
2.5.4 Peer Review Committee (PRC) Responsibilities:
2.5.4.1 The PRC shall meet at least every three months to review those behavior management procedures requiring after the fact examination.
2.5.4.1.1 A quorum shall consist of a majority of the Committee.
2.5.4.1.2 The PRC chairperson shall announce the dates of review at least one month prior to the review date.
2.5.4.1.3 The PRC shall meet at least 6 times per year to review procedures requiring prior, case by case review that have been granted interim or on going approval. The monthly review shall continue until said procedure has been discontinued or the PRC votes otherwise. This review may be held jointly with HRC.
2.5.4.1.4 The PRC chairperson shall invite staff members of DAP responsible for implementation of behavior management procedures, the Director of DAP, or any other individual (e.g., a consultant to ensure expertise in a specific behavior management procedure under review) to participate as needed in a non voting capacity.
2.5.4.1.5 The PRC shall provide technical assistance when requested by the Program Director to develop a behavior management procedure for children with disabilities engaged in behaviors that pose a significant health risk to the child or others, a significant risk of damage to property, or a significant reduction of learning.
2.5.4.1.6 The PRC shall review and evaluate the training and supervision for the staff that will carry out all behavior management procedures requiring prior, individual review and may evaluate the training of staff carrying out procedures requiring after the fact review.
2.5.4.1.6.1 The PRC shall provide the Program Director with written comments and recommendations concerning the findings of this review.
2.5.4.1.7 The PRC shall keep written minutes of all its meetings and shall submit them to the Director of DAP, the Department of Education and the HRC chairperson.
2.5.4.1.7.1 These minutes shall be submitted within two weeks of each meeting.
2.5.4.1.7.2 An oral summary of the PRC recommendations shall be made within 24 hours following the PRC meeting to the Director of DAP and the HRC chairperson.
2.6 A Human Rights Committee (HRC) shall be established by the Director of the DAP and DOE in consultation with the Statewide Autistic Program Monitoring Review Board.
2.6.1 Purpose: The purpose of the HRC shall be to review the ethical and children rights issues involved in the use of behavior management procedures to ensure their humane and proper application.
2.6.2 Composition: The HRC shall consist of five to ten members representing various occupations, who are not employees or relatives of children enrolled in the DAP, who are not employees of DOE, and who are not members of any in State organization, agency, or program that deals directly with children with autism. No member of the HRC shall be a member of the PRC.
2.6.3 Operation: The HRC shall elect a chairperson and shall adopt a set of rules to guide its operation. A copy of these rules shall be provided to DOE and the Director of the DAP.
2.6.4 Human Rights Committee Responsibilities
2.6.4.1 Whenever a school proposes to use a behavior management procedure requiring review prior to implementation, the HRC shall meet and review the proposed use of the behavior management procedure. This review shall occur within 7 days after the PRC chairperson informs the HRC chairperson of PRC's recommendations.
2.6.4.1.1 A quorum shall consist of a majority of the Committee.
2.6.4.1.2 This review, however, may be held jointly with the PRC.
2.6.4.2 The HRC chairperson shall invite staff members who are responsible for the implementation of behavior management procedures, the Director of DAP, or any other individual (e.g., consultant, parent) to participate as needed in a non voting capacity.
2.6.4.3 The HRC shall develop a written form to be used to ensure that informed parental consent is obtained before implementation of specified behavior management procedures.
2.6.4.4 The HRC shall keep written minutes of all its meetings and shall submit them to the Director of DAP, the Director of DOE’s Exceptional Children and Early Childhood Group, and the PRC chairperson.
2.6.4.4.1 These minutes shall be submitted within two weeks of each meeting.
2.6.4.4.2 An oral summary of the HRC recommendations shall be made within 24 hours following the HRC meeting to the Director of DAP and the PRC chairperson.
2.7 Joint responsibilities of the Peer Review and Human Rights Committees are as follows:
2.7.1 Issue a written statement indicating which behavior management procedure(s) shall be recommended for use:
2.7.1.1 Without further PRC and HRC review during the year approved;
2.7.1.2 Without a case by case PRC and HRC review but with after the fact review time lines to be established by the PRC; or
2.7.1.3 Only with prior case by case PRC and HRC before the fact review;
2.7.2 Recommend written modifications, if necessary, of behavior management procedures along with accompanying rationale;
2.7.3 Review a school's proposed Emergency Intervention Procedures for children with autism and issue a written statement indicating which Emergency Intervention Procedures shall be recommended:
2.7.3.1 For use without after the fact reporting to the PRC and HRC; or
2.7.3.2 For use with after the fact reporting to the PRC and HRC;
2.7.4 Issue an advisory, not mandatory, statement presenting a recommended hierarchy of reviewed behavior management procedures according to the Least Restrictive Procedure principle.
2.7.4.1 Notice shall be given to parents of children with autism in the program of the availability upon request, and at no cost to parents, of copies of the reviewed behavior management procedures.
2.7.4.2 A copy shall also be forwarded to the Governor's Advisory Council for Exceptional Citizens.
2.7.5 The PRC chairperson, in cooperation with the HRC chairperson, shall announce the joint PRC and HRC annual review at least one month prior to the review date.
2.7.5.1 At the discretion of either chairperson, Committees may meet jointly or separately to conduct before the fact and after the fact reviews.
2.7.6 Approve, before the fact, the housing of children under age twelve with a child over age sixteen in a community based residential program for children with autism operated by a school district designated and approved by the Secretary as the administering agency for the DAP.
2.7.7 Review, within 30 days of the granting of interim approval, any request by a school for the immediate implementation of a behavior management procedure requiring prior, case by case review.
2.7.7.1 Immediate implementation of a proposed procedure may occur after the Program Director has obtained unanimous interim approval from one PRC member and two HRC members.
2.7.7.2 Proposed prior review procedures not requiring immediate implementation shall be submitted by a school directly to PRC and HRC chairperson to be reviewed within two weeks of submission of the proposal.
2.7.8 Have access to the educational records of any child with autism for purposes of 2.5.1 and 2.6.1 of this section.
2.7.8.1 A quorum of a joint meeting shall consist of a majority of combined membership.
2.7.9 Submit written Procedural Descriptions for Behavior Management and Emergency Interventions.
2.7.9.1 Prior to utilizing a behavior management procedure or an emergency intervention procedure for a particular child with autism, a school shall submit written procedural descriptions for at least annual joint review by the PRC and HRC.
2.7.9.1.1 The annual date of review shall be announced by the HRC chairperson at least one month prior to the review date.
2.7.9.1.2 The school shall submit written procedural descriptions at least two weeks prior to the joint annual review date to the PRC and HRC chairpersons.
2.7.9.1.3 The written descriptions shall contain information determined by PRC and HRC and set forth in their operating rules.
2.7.9.1.4 PRC and HRC may request pertinent information needed for the completion of reviews.
2.7.9.2 After reviewing each behavior management and emergency procedure, the PRC and HRC shall indicate what kind of review each procedure requires (annual, after the fact, or prior case by case review). A school serving children with autism shall then submit proposals in accordance with PRC and HRC recommendations.
2.7.9.3 Behavior management and emergency intervention procedures that require annual review only may then be implemented by a school without further PRC/HRC review until the next annual joint review. A school shall require that the use of these procedures be indicated in a child's IEP.
2.7.9.4 Behavior management and emergency intervention procedures that require after-the-fact review only shall be used by a school without case by case review, but shall be reported after the fact to the PRC by dates specified by the Committee chairperson.
2.7.9.4.1 The school shall submit written records as set forth in PRC and HRC operating rules, or any other relevant information requested by either Committee, to the PRC chairperson at least one week prior to the review date.
2.7.9.4.2 Behavior management procedures that require prior case by case review shall be submitted to the PRC and HRC for joint review prior to implementation.
2.7.9.5 If the PRC and HRC decide not to review the case jointly, the PRC shall first review the proposal.
2.7.9.5.1 The proposal shall contain information determined by PRC and HRC and set forth in their operating rules.
2.7.9.5.2 Recommendations and rationale for the decision shall be provided whenever the PRC fails to recommend use of a proposed procedure.
2.7.9.6 Following the PRC recommendation (or following joint PRC and HRC approval), written informed parental consent shall be obtained by the school.
2.7.9.6.1 If an interim consent is obtained by telephone, then two witnesses to the content of the conversation shall sign a form certifying that the parent(s) gave informed consent. The school must then obtain written verification of this consent from the parent(s).
2.7.9.6.2 Parents may withdraw consent at any time; if said withdrawal is done verbally in person or by telephone, the parent shall provide written verification of withdrawal within 10 days of the initial notice.
2.7.9.7 Whenever the PRC and HRC choose not to meet jointly, the information provided by a school shall be submitted to the HRC along with the PRC's recommendations.
2.7.9.7.1 Recommendations and rationale for the decision shall be provided whenever the HRC fails to recommend the use of a proposed procedure.
2.7.9.7.2 Whenever a proposal is recommended for implementation, an IEP objective shall be developed relating to the behavior management target and the proposed procedure.
2.7.9.8 Whenever the PRC or HRC fail to recommend or modify the proposed procedure, the parent(s) shall be notified by the school.
2.7.9.8.1 If the procedure is to be modified, informed written consent shall be obtained from the parents.
2.7.9.9 The school staff responsible for implementing the behavior management procedure shall provide written reports to the PRC and HRC, summarizing the records (which shall be kept on a daily basis) on the use and results obtained by implementing the procedure.
2.7.9.9.1 Records shall be kept in an objective, quantitative form, permitting easy evaluation of child data.
2.7.9.9.2 The PRC and HRC shall have unrestricted access to all data, records, and reports relating to the behavior management procedures used.
2.7.9.10 Any behavior management or emergency intervention procedure that is developed by a school after the joint annual review date for a particular school year shall be submitted to the PRC and HRC chairpersons for joint review prior to any implementation of the new procedure, unless interim approval has been recommended as described in 2.7.7.
2.8 Private facilities serving autistic children shall have Peer Review and Human Rights Committee policies as follows:
2.8.1 Private facilities serving children with autism located in Delaware shall have Peer Review Committee and Human Rights Committee policies that comply with DELACARE standards (requirements for Residential Child Care Facilities, Department of Services for Children, Youth and Their Families (DSCYF)).
2.8.2 Private facilities serving Delaware children with autism located in other states shall comply with the Peer Review Committee and Human Rights Committee policies used by the state in which the facility is located.
2.8.2.1 Said policies shall be reviewed by Delaware's DOE to determine that they grant protection substantially equivalent to that provided by Delaware for children prior to any recommendation of approval for private placement by the Secretary.
2.8.3 Private facilities serving Delaware children with autism located in states which have no Peer Review Committee and Human Rights Committee policies shall have written Peer Review and Human Rights Committee policies that shall be reviewed by Delaware's DOE in consultation with Delaware's PRC, to determine that they grant protection substantially equivalent to that provided by Delaware for children, prior to any recommendation of approval for private placement by the Secretary.
2.8.4 Private facilities serving Delaware children with autism located in states which require substituted judgment or other court order for the use of aversive or related restrictive procedures, and which have obtained such an order for each Delaware child, shall be deemed to have met the peer review and human rights requirements of this section.
2.9 Whenever psychotropic medication has been prescribed by a physician and appears to affect adversely the educational program of a child with autism, the administrator of the center shall contact the parent and request a medication review with the parent and physician.
2.10 Appropriate liaison with the Department of Health and Social Services (DHSS) and other agencies shall be established by the Director of DAP and the DOE.
3.0 Students in Need of Unique Educational Alternatives
3.1 Unique Educational Alternative support shall be available for those children with disabilities who have needs that cannot be addressed through the existing resources and programs of the State. Unique Educational Alternatives include, but are not limited to, private residential placements and private day programs.
3.1.1 The Secretary shall approve children for Unique Educational Alternative support and the type of Unique Educational Alternative Support to be provided when such support is necessary to provide special education and related services to a child with a disability.
3.1.2 If the Unique Educational Alternative is a private residential or private day placement, the Secretary shall approve the designation of each child with a disability eligible for private placement and the private school or facility in which the approved child is to be enrolled.
3.1.3 Such approval of unique educational alternatives shall be for no more than a one year period, ending no later than August 31 of the year in which the child is to be enrolled.
3.2 The DOE shall convene the Interagency Collaborative Team (ICT) to review the expenditures for placements of children with disabilities in need of Unique Educational Alternatives.
3.2.1 ICT membership shall consist of:
3.2.1.1 Division Director, Division of Child Mental Health Services, DSCYF;
3.2.1.2 Division Director, Division of Family Services of DSCYF;
3.2.1.3 Division Director, Division of Youth Rehabilitation Services of DSCYF;
3.2.1.4 Division Director, Division of Developmental Disabilities Services of DHSS;
3.2.1.5 Division Director, Division of Alcoholism, Drug Abuse and Mental Health of DHSS;
3.2.1.6 Director of the Office of Management and Budget, or a designee;
3.2.1.7 Controller General or a designee;
3.2.1.8 Director, Exceptional Children and Early Childhood Education Group, DOE, who will serve as Chair;
3.2.1.9 Associate Secretary, Curriculum and Instructional Improvement Branch, DOE.
3.2.2 A Director shall be assigned to the ICT and may designate staff to be their representative on the ICT only if these designated representatives are empowered to act on behalf of the Division Director, including commitment of Division resources, for a full fiscal year.
3.2.3 The ICT shall invite to its meetings: a representative of a responsible LEA for the case under consideration, the parents of the child, and other persons the team believes can contribute to their deliberations.
3.2.4 The ICT shall:
3.2.4.1 Review existing assessments of new referrals;
3.2.4.2 Prescribe, if required, additional assessments for new referrals;
3.2.4.3 Review proposed treatment plans of new referrals;
3.2.4.4 Recommend alternatives for treatment plans of new referrals;
3.2.4.5 Coordinate interagency delivery of services;
3.2.4.6 Review at least annually, current Unique Educational Alternatives for the appropriateness of treatment plans and transition planning;
3.2.4.7 If appropriate, designate a Primary Case Manager for the purpose of coordination of service agencies;
3.2.4.8 If appropriate, designate agencies to be involved in collaborative monitoring of individual cases.
3.2.5 The ICT shall ensure that state costs incurred as the result of a Team recommendation or assessment of a child currently funded from the Unique Educational Alternatives appropriation for this purpose in the annual Appropriations Act will be covered from the existing appropriation.
3.2.5.1 New referrals will be assessed in the interagency manner described above.
3.2.5.2 Cases reviewed by the ICT will employ Unique Educational Alternatives funding to cover state costs to the extent determined appropriate by the Interagency Collaborative Team.
3.2.5.3 Other agencies may recognize a portion of the responsibility for the treatment of these children if determined appropriate by the Team. Funds may be transferred upon the approval of the Budget Director and the Controller General.
3.2.6 The ICT shall report on its activities to the Governor, Director of the Office of Management and Budget, President Pro Tempore, Speaker of the House and the Controller General by February 15 of each year. The report shall address the status of items addressed in the previous February ICT Annual Report.
3.3 Interagency Collaborative Team Review Criteria
3.3.1 The ICT shall recommend to the Secretary action on referrals for approval of Unique Educational Alternatives based on the following criteria:
3.3.1.1 An LEA or other public agency support program is either not available or is not adequate.
3.3.1.2 The LEA certifies that it cannot meet the needs of the child with existing resources and program.
3.4 Procedures for LEAs Seeking to Place Students in Unique Educational Alternative Settings
3.4.1 The responsible LEA for a child seeking Unique Educational Alternative support shall be the child's school district of residence. The district of residence is responsible for inviting the parent, and, if appropriate, the child with a disability, to the ICT meeting.
3.4.2 The chairperson of the ICT shall be contacted by the district of residence special education supervisor or designee as soon as the district has reason to believe Unique Educational Alternative support may be needed.
3.4.3 The IEP team that includes district of residence level representation shall meet and determine if the child's need for special education and related services can be met within the existing resources and programs available to the district.
3.4.3.1 Representatives of all agencies involved with the child shall be invited to attend this meeting.
3.4.4 The district of residence shall submit an application to the Chair of the ICT at least 5 business days before the meeting if it is determined that the child's needs for special education and related services as delineated on the child's IEP cannot be met through existing resources and programs.
3.4.5 The application will include:
3.4.5.1 Current and other relevant assessment information;
3.4.5.2 A historical summary of all placements and major interventions and support services that have been provided to the student;
3.4.5.3 A current IEP;
3.4.5.4 A concise statement of the needs that cannot be addressed through existing resources or programs;
3.4.5.5 A list of all agencies and resources that are currently supporting the child and the family; and
3.4.5.6 An Interagency Release of Information Form.
3.5 Procedures for the ICT
3.5.1 Review the application at its next monthly meeting.
3.5.2 Parents and representatives of all involved agencies shall be invited to participate in the meeting.
3.5.3 Recommendations of the ICT shall be shared in writing with the LEA, parents and other agency staff involved with the case within 5 business days. The ICT may:
3.5.3.1 Request additional information before making a final recommendation. This may include the involvement of additional agencies, additional assessments and review of additional programs and resources that the local team had not considered;
3.5.3.2 Request for additional information shall be sent to the LEA, parents, and other agency staff involved in the case within 5 business days of the meeting and as soon as the additional information is available, the case shall be brought back to the ICT for further review.
3.5.3.3 Recommend approval and agree that the child has needs that cannot be addressed through existing programs and resources. The local team may then develop the specifics of the Unique Educational Alternative support; or
3.5.3.4 Recommend rejection and ask the local team to use existing programs and resources to meet the educational needs of the children.
3.5.4 Final recommendations of the ICT shall be shared in writing with the LEA, parents and other agency staff involved in the case within 5 business days.
3.5.4.1 If the recommendation is for approval, the local team shall develop the specifics, including costs, of the Unique Educational Alternative.
3.5.4.2 The final plan, with costs, shall be submitted to the Chair of the ICT.
3.5.4.3 The Chair shall submit the recommendations for approval to the Secretary.
3.5.4.4 A recommendation for rejection shall be submitted by the Chair of the ICT to the Secretary for final action.
3.5.4.5 The parent, LEA superintendent or chief administrator, the special education supervisor, and the director of any other involved agency shall be notified in writing by the Secretary, following the action.
3.6 Financial Aid for Unique Educational Alternatives
3.6.1 Financial aid for children with disabilities approved for Unique Educational Alternative support by the Secretary, other than private residential or day schools, shall include only those costs that are not covered by an existing funding line.
3.6.1.1 The DOE shall pay 70% of the Unique Educational costs and the LEA will pay 30% of the costs unless waivers for the LEA are recommended by the ICT.
3.6.2 Financial aid for children with disabilities approved for private placement by the DOE shall include maintenance, transportation and tuition.
3.6.2.1 The DOE shall pay 70% of the private placement costs and the LEA shall pay 30% of the private placement costs.
3.6.2.2 The amount authorized for payment shall be the amounts charged by the private school or facility for tuition or program costs, transportation and maintenance, in accordance with the definitions in the Delaware Code.
3.7 Independent placements by LEA or public agency: An LEA or other public agency may independently place a child with a disability in a private or public school or facility and provide the tuition from appropriate LEA or other public agency funds without DOE approval.
3.7.1 Any private or public out of state facility in which an LEA or other public agency uses local funds to independently place a child with a disability must, nonetheless, be approved under any applicable standards of the state in which the facility is located.
3.8 LEA and public agency responsibility for private placements: When an LEA or other public agency responsible for the education of children with disabilities is unable to provide an appropriate program, the LEA or other public agency may refer the student for consideration of a unique educational alternative, including a private placement.
3.8.1 LEA Certification and Documentation
3.8.1.1 The LEA certification that the child is eligible for private placement and the statement pertaining to the lack of an appropriate program shall be forwarded on the designated forms to the DOE for review by the ICT prior to action by the Secretary.
3.8.1.2 Documentation shall accompany each application describing the nature and severity of the child's disabling condition(s).
3.8.1.3 Such documentation shall include report(s) of the appropriate specialist(s), depending upon the nature of the child's disability.
3.8.1.4 Additional documentation will be requested, if needed, in order to make a recommendation as to the child's eligibility for private placement or the appropriateness of the requested placement.
3.9 Responsibility for Individualized Education Program
3.9.1 The LEA or any other public agency shall develop the initial Individualized Education Program for each child with a disability referred for approval for placement that is in a private school or facility.
3.9.2 The LEA or other public agency shall ensure that a representative of the private school or facility attends the meeting. If a representative of the private school cannot attend the meeting, the LEA or other public agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.
3.9.3 After a child with a disability enters a private school or facility; any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the LEA or any other public agency.
3.9.4 If the private school or facility initiates and conducts these meetings, the LEA or any other public agency shall ensure that the parents and an LEA or other public agency representative are involved in any decision about the child's IEP and agree to any proposed changes in the program before those changes are implemented.
3.9.5 District of residence: The referring LEA for a child in private placement is the child's district of residence.
3.9.6 Responsibility for compliance: Primary responsibility for compliance with State and federal regulations shall remain with the LEA or other public agency responsible for the education of the child, even if a private school or facility implements a child's IEP.
3.10 State responsibility for private school accountability: In implementing State and federal regulations governing accountability for and to private programs, the DOE shall have the authority to:
3.10.1 Monitor compliance through procedures such as written reports, onsite visits and parent questionnaires.
3.10.2 Develop regulations that define the standards by which private schools and facilities may be approved to serve children with disabilities, and a schedule for reevaluation.
3.10.3 Disseminate copies of applicable standards to each private program to which a public agency has referred or placed a child with disability.
3.10.4 Provide an opportunity for those private schools or facilities to participate in the development and revision of State standards which apply to them.
10 DE Reg. 1816 (06/01/07)
### **930** Supportive Instruction (Homebound)
##### **14 Del. Admin. Code § 930-1.0** Definition {#sec-930-1.0 omnilex-key=us-de-regs-official--title-14--930-1.0}
“Supportive Instruction” means an alternative educational program provided at home, in a hospital or at a related site for a student temporarily at home or hospitalized for a sudden physical or mental illness, injury, episodic flare up of a chronic physical or mental health condition, accident, or pregnancy, childbirth, or related medical condition to pregnancy or childbirth. Subject to 14 Del.C. §1604(8), this may also include an alternative educational program provided at home to a student that has been suspended, expelled or subject to expulsion based upon the student’s local school district or charter school policy.
1.1 Procedures for eligibility shall be limited to appropriate certification that the student cannot attend school.
1.2 Services for children with disabilities as defined in the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1400 et seq.), and its regulations (34 CFR parts 300 and 301), 14 Del.C. Ch. 31, and the Department of Education's regulations on Children with Disabilities (14 DE Admin. Code 922 through 929) shall be provided in accordance with these laws and shall be processed under the district's or charter school’s special education authority. Nothing in this regulation shall prevent a district from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and its regulations, 14 Del.C. Ch. 31, and the Department of Education's regulations on Children with Disabilities.
1.3 Nothing in this regulation shall alter a district's or charter school’s duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a district from providing supportive instruction to such students.
**History**
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *9 DE Reg. 402 (09/01/05)*
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *4 DE Reg. 344 (08/01/00)*
- *4 DE Reg. 497 (09/01/00)*
- *9 DE Reg. 402 (09/01/05)*
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *16 DE Reg. 412 (10/01/12)*
- *23 DE Reg. 452 (12/01/19)*
##### **14 Del. Admin. Code § 930-2.0** Eligibility for Conditions other than Suspension, Expulsion or Subject to Expulsion {#sec-930-2.0 omnilex-key=us-de-regs-official--title-14--930-2.0}
2.1 A student enrolled in a school district or charter school is eligible for supportive instruction when the district or charter school receives the required certification that one or more of the following conditions will prevent the student from attending school for at least ten (10) school days:
2.1.1 Sudden physical or mental illness;
2.1.2 Accident;
2.1.3 Episodic flare up of a chronic physical or mental health condition;
2.1.4 Injury; or
2.1.5 Pregnancy, childbirth or related medical condition.
2.2 A physician or an advanced practice nurse, employed by or who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician must certify absences due to a medical condition.
2.2.1 A student who remains enrolled in school is eligible for supportive instruction during a postpartum period for as long as deemed medically necessary. Postpartum absences shall be certified by a physician or an advanced practice nurse, employed by and who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician.
2.3 A licensed clinical mental health provider (such as a Licensed Clinical Social Worker, psychiatric nurse practitioner, psychologist, or psychiatrist) must certify absences due to a mental illness or mental health condition.
2.4 Supportive instruction can be requested as an in school transitional program that follows a period of supportive instruction that was provided outside of the school setting. If the supportive instruction is provided as an in school transitional program, it must be approved through a staff conference.
**History**
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *9 DE Reg. 402 (09/01/05)*
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *4 DE Reg. 344 (08/01/00)*
- *4 DE Reg. 497 (09/01/00)*
- *9 DE Reg. 402 (09/01/05)*
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *16 DE Reg. 412 (10/01/12)*
- *23 DE Reg. 452 (12/01/19)*
##### **14 Del. Admin. Code § 930-3.0** Implementation {#sec-930-3.0 omnilex-key=us-de-regs-official--title-14--930-3.0}
3.1 Supportive instruction for a student shall begin as soon as the documentation required by Section 2.0 is received. Supportive instruction may continue upon the return to school setting only in those exceptional cases where it is determined that a student needs a transitional program to guarantee a successful return to the school setting in accordance with subsection 2.4.
3.1.1 Supportive instruction shall adhere to the extent possible to the student's school curriculum and shall make full use of the available technology in order to facilitate the instruction.
3.1.1.1 The school shall provide a minimum of three (3) hours of supportive instruction each week of eligibility for a K to 5th grade student, and a minimum of five hours each week of eligibility for a 6th to 12th grade student. There is no minimum for in school transition.
3.1.1.1.1 For a pre-school student identified with a disability pursuant to 14 Del.C. §3122, the district shall provide supportive instruction each week of eligibility in an amount recommended by the student's individualized education program (IEP) team.
3.1.1.1.2 For an enrolled pre-school student, the district may, but is not required to, provide supportive instruction. There is no minimum number of hours each week of eligibility.
3.1.1.2 Nothing in this regulation shall prevent a school district or charter school from providing additional hours of supportive instruction to an eligible student from other available funding sources.
3.1.2 Summer instruction is permitted for a student who is otherwise eligible for supportive instruction and, as determined by the student's teachers and principal, needs the instruction to complete course work or to maintain a level of instruction in order to continue in a school setting the following school year.
**History**
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *9 DE Reg. 402 (09/01/05)*
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *4 DE Reg. 344 (08/01/00)*
- *4 DE Reg. 497 (09/01/00)*
- *9 DE Reg. 402 (09/01/05)*
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *16 DE Reg. 412 (10/01/12)*
- *23 DE Reg. 452 (12/01/19)*
##### **14 Del. Admin. Code § 930-4.0** Eligibility and Implementation for Suspension, Expulsion, or Subject to Expulsion {#sec-930-4.0 omnilex-key=us-de-regs-official--title-14--930-4.0}
If a local school district or charter school provides for supportive instruction (homebound) for students that have been suspended or expelled, the local school district or charter school shall have a written policy, which conforms with 14 Del.C. §1604(8), and any of its implementing regulations, regarding eligibility and implementation.
**History**
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *9 DE Reg. 402 (09/01/05)*
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *4 DE Reg. 344 (08/01/00)*
- *4 DE Reg. 497 (09/01/00)*
- *9 DE Reg. 402 (09/01/05)*
- *14 DE Reg. 558 (12/01/10)*
- *16 DE Reg. 412 (10/01/12)*
- *18 DE Reg. 215 (09/01/14)*
- *23 DE Reg. 452 (12/01/19)*
- *16 DE Reg. 412 (10/01/12)*
- *23 DE Reg. 452 (12/01/19)*
### **931** Purple Star Schools
##### **14 Del. Admin. Code § 931-1.0** Purpose {#sec-931-1.0 omnilex-key=us-de-regs-official--title-14--931-1.0}
The purpose of this regulation is to outline criteria for district and charter schools to be designated a Purple Star School under 14 Del.C. §135 Purple Star Schools.
**History**
- *25 DE Reg. 702 (01/01/22)*
##### **14 Del. Admin. Code § 931-2.0** Definitions {#sec-931-2.0 omnilex-key=us-de-regs-official--title-14--931-2.0}
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
“Purple Star School” means a recognition designed to encourage the successful transition of military-connected youth, which may include the development of programs that highlight the importance of military service.
“Purple Star School Designation Application” means the form and process developed by the Department of Education, which may be amended from time to time and shall be maintained on the Department’s website.
**History**
- *25 DE Reg. 702 (01/01/22)*
##### **14 Del. Admin. Code § 931-3.0** Qualifications {#sec-931-3.0 omnilex-key=us-de-regs-official--title-14--931-3.0}
3.1 In order to be designated a Purple Star School, any district or charter school shall qualify by having:
3.1.1 A designated staff member as a military liaison, whose duties include:
3.1.1.1 Identifying military-connected youth enrolled at the school;
3.1.1.2 Serving as the point of contact between the school and military-connected youth and their families;
3.1.1.3 Determining appropriate school services available to military-connected youth;
3.1.1.4 Assisting in coordinating school programs relevant to military-connected youth;
3.1.1.5 Participating in training specific to supporting the various challenges that face military families; and
3.1.1.6 Conducting school-wide professional development that informs staff of the unique needs of military-connected students and available resources.
3.1.2 An easily-accessible, maintained webpage on the school’s website that includes resources for military-connected youth and their families, including information regarding:
3.1.2.1 Relocating, enrollment, registration, and transferring records to the school.
3.1.2.2 Preparing for a move from the current school.
3.1.2.3 Academic planning information including course sequences, advanced classes, application deadlines, graduation requirements, etc.
3.1.2.4 The Interstate Compact on Educational Opportunities for Military Children (MIC3).
3.1.2.5 Special education services, including related parental rights.
3.1.2.6 Counseling and other support services available for military-connected youth enrolled at the school.
3.1.3 A well-maintained transition program led by youth, where appropriate, that assists military-connected youth in transitioning into the school.
3.1.4 An assigned central office staff member to be the contact for the school-based liaison and military families, if a district.
3.1.5 A designated member of the school leadership team to be the contact for the school-based liaison and military families, if a charter school.
3.1.6 Offer at least one (1) of the following initiatives:
3.1.6.1 A resolution showing support for military-connected youth and their families;
3.1.6.2 Recognition of the Month of the Military Child or Military Family Month with relevant events hosted by the school;
3.1.6.3 A partnership with a local military installation that provides opportunities for active duty military members to volunteer at the school, speak at an assembly, or host a field trip;
3.1.6.4 A military recognition event designed to demonstrate a military-friendly culture across the school community;
3.1.6.5 A public military display in the school (such as a memorial, tribute wall, bulletin board, or Purple Star room);
3.1.6.6 Military family committees or counseling groups to offer support; or
3.1.6.7 Fundraise to support military veterans and active-duty members.
3.1.7 A complete application submitted between November 1st and February 1st of the school year. Incomplete applications will not be considered.
**History**
- *25 DE Reg. 702 (01/01/22)*
##### **14 Del. Admin. Code § 931-4.0** Selection Process {#sec-931-4.0 omnilex-key=us-de-regs-official--title-14--931-4.0}
4.1 The Department shall identify a panel of stakeholders to review the applications and determine eligibility for the designation based on the criteria in Section 3.0.
4.2 Designation announcements shall be made by the Department in April of each year.
4.3 The Purple Star School Designation shall be valid for a period of three (3) years. The first year is the year in which the school is awarded. The school will not have to reapply for the designation for the following two (2) years.
**History**
- *25 DE Reg. 702 (01/01/22)*
### **932** Military-Connected Youth
##### **14 Del. Admin. Code § 932-1.0** Purpose {#sec-932-1.0 omnilex-key=us-de-regs-official--title-14--932-1.0}
This regulation outlines the process for districts and charter schools to annually identify enrolled students who are "military-connected youth." This regulation is established pursuant to 14 Del.C. §122(b)(28).
**History**
- *20 DE Reg. 892 (05/01/17)*
- *20 DE Reg. 892 (05/01/17)*
- *19 DE Reg. 742 (02/01/16)*
- *20 DE Reg. 892 (05/01/17)*
- *25 DE Reg. 705 (01/01/22)*
##### **14 Del. Admin. Code § 932-2.0** Definitions {#sec-932-2.0 omnilex-key=us-de-regs-official--title-14--932-2.0}
"Military-Connected Youth" means any student having an immediate family member, including a parent, step-parent, sibling or any other person residing in the same household, who is on active duty, serving in the reserve component, or recently retired from a branch of the United States armed forces. Such branches consist of United States Army, United States Air Force, United States Marine Corps, United States Navy, National Guard, United States Coast Guard, National Oceanic and Atmospheric Administration or the United States Public Health Service.
"Recently Retired" for the purposes of this regulation, means having left military service within 18 months prior to September 30 of the current school year; identified as a disabled veteran; or killed in action.
**History**
- *20 DE Reg. 892 (05/01/17)*
- *20 DE Reg. 892 (05/01/17)*
- *19 DE Reg. 742 (02/01/16)*
- *20 DE Reg. 892 (05/01/17)*
- *25 DE Reg. 705 (01/01/22)*
##### **14 Del. Admin. Code § 932-3.0** Data Collection and Access {#sec-932-3.0 omnilex-key=us-de-regs-official--title-14--932-3.0}
3.1 Each district and charter school shall include a military-connected identifier as part of its annual enrollment process and student information update.
3.2 Each district and charter school shall identify which school personnel have access to the military-connected identifier.
**History**
- *20 DE Reg. 892 (05/01/17)*
- *20 DE Reg. 892 (05/01/17)*
- *19 DE Reg. 742 (02/01/16)*
- *20 DE Reg. 892 (05/01/17)*
- *25 DE Reg. 705 (01/01/22)*
##### **14 Del. Admin. Code § 932-4.0** Use Exemptions {#sec-932-4.0 omnilex-key=us-de-regs-official--title-14--932-4.0}
4.1 The identification of a military-connected youth shall not be used for purposes of determining school achievement, growth or performance.
4.2 The identification of a military-connected youth is not a public record under Delaware's Freedom of Information Act or any other law, and shall not be made public by any person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974.
**History**
- *20 DE Reg. 892 (05/01/17)*
- *20 DE Reg. 892 (05/01/17)*
- *19 DE Reg. 742 (02/01/16)*
- *20 DE Reg. 892 (05/01/17)*
- *25 DE Reg. 705 (01/01/22)*
### **933** DELACARE: Regulations for Early Care and Education and School-Age Centers
##### **14 Del. Admin. Code § 933** DELACARE: Regulations for Early Care and Education and School-Age Centers {#sec-933 omnilex-key=us-de-regs-official--title-14--933}
INTRODUCTION
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-1.0** Legal Base {#sec-933-1.0 omnilex-key=us-de-regs-official--title-14--933-1.0}
The legal base for these licensing regulations is in 14 Del.C. §§3001A-3005A and 29 Del.C. §9003(a)(7).
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-2.0** Purpose {#sec-933-2.0 omnilex-key=us-de-regs-official--title-14--933-2.0}
The purpose of these regulations is to protect and support the health, safety, well-being, and positive development of children who receive care in early care and education and school-age centers. These regulations establish minimum standards that licensed centers are required to follow. Licensed centers may exceed the regulations set by the Office of Child Care Licensing (OCCL) by joining Delaware Stars for Early Success or by the licensee's own efforts.
PART I GENERAL PROVISIONS
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-3.0** Definition of Terms {#sec-933-3.0 omnilex-key=us-de-regs-official--title-14--933-3.0}
The following words and terms when used in these regulations have the following meaning unless the context clearly indicates otherwise:
"Administration of medication certificate" means a document issued by OCCL that gives permission for a staff member to administer medication to children in care as described in the Administration of Medication Self-Study Guide.
"Agreement of Understanding" means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance. This document contains requirements the licensee must follow to maintain licensure.
"Applicant" means the individual or entity, such as a company, corporation, business, or agency, seeking a license to operate an early care and education and school-age center.
"Business day" means a weekday Monday through Friday not including State of Delaware legal holidays that fall on a weekday.
"Center" means the licensed early care and education or school-age center located in one or more buildings at the address listed on the application.
"Child" means a person who has not reached the age of 18 years.
"Child abuse" means to cause or inflict sexual abuse on a child; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Del.C. §901.
"Child care" or "early care and education" means the providing of care, education, protection, supervision, or guidance of children in a center.
"Child neglect" means the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being as defined in 10 Del.C. §901.
"Child sexual abuse" means an act against a child that is described as a sexual offense or child exploitation as defined in 11 Del.C. §8550(2).
"Child with disabilities" means a child diagnosed by a qualified professional as having a physical, intellectual, emotional, or developmental disability, or chronic medical condition.
"CHU" means the Criminal History Unit in the Department of Services for Children, Youth and Their Families.
"Clock hours" means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance early care and education and school-age competencies.
"Complaint investigation" means the process followed by OCCL to investigate accusations that a licensee is not complying with these regulations or applicable laws.
"Compliance review" means an inspection of the center, grounds, and files to determine compliance with these regulations.
"Comprehensive background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history including a search of the National Crime Information Center's National Sex Offender Registry; and a search of state criminal, sex offender, and child abuse and neglect registries, repositories, or databases in the state where the person resides, and in each state in which the person resided during the past five years.
"Conference" means a meeting between OCCL and a licensee to discuss serious non-compliance as defined in these regulations or to discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance that a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations.
"CPSC" means the U.S. Consumer Product Safety Commission.
"Denial" means the process of refusing to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
"Department" means the Delaware Department of Education.
"Designated representative" means the person who has been assigned by the licensee, organization, corporation, entity, LLC, school district, or State agency to act on his, her, or its behalf and granted authority over program operations and to represent him, her, or it in dealings with OCCL. This person may sign the application with written authorization from the applicant or licensee.
"Direct child care" means the providing of care, education, protection, supervision, or guidance of children.
"Direct observation" (of children or staff members) means that staff members are physically present in the same room or area with children or other staff members, visually monitoring the interactions of children or staff members, and alert to problems that may occur.
"Division" means the Division of Family Services within the Department of Services for Children, Youth and Their Families.
"DOE" means the Delaware Department of Education.
"DPH" means the Delaware Division of Public Health.
"Early care and education" or "child care" means the care, education, protection, supervision, or guidance of children beginning at birth.
"Early childhood administrator" means a staff member with direct responsibility for the center's total program of services provided to children and their families, and when applicable, the administrative aspects. This person approves curriculum, and when also serving as the early childhood curriculum coordinator develops and evaluates curriculum and monitors implementation of curriculum and daily activities for children. This person supervises all staff members and meets the qualifications listed in these regulations.
"Early childhood aide" means a staff member who performs direct child care duties in this time-limited, entry-level position. This person works under the supervision of at least an early childhood teacher and the direct observation of at least an early childhood assistant teacher or early childhood caregiver. This person has not completed the accepted training required for the position of early childhood intern and may never be alone with children. This person meets the qualifications listed in these regulations. This person will only count in staff/child ratios during the first year of employment at a center.
"Early childhood assistant teacher" means a staff member who performs direct child care duties. This person works under the supervision of at least an early childhood teacher and assists in the implementation of curriculum. This person may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
"Early childhood caregiver" means a staff member who was formerly qualified by January 1, 2009, as a caregiver at a center licensed before January 1, 2007. This person may transfer to a center licensed before January 1, 2007, that is owned by the same licensee. This person works under the supervision of at least an early childhood teacher. This person performs direct child care duties and assists in the implementation of curriculum. This person may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
"Early childhood curriculum coordinator" means a staff member who works under the supervision of the early childhood administrator and may be responsible for the direct care, supervision, guidance, and education of children at the center. This person develops and evaluates curriculum and monitors implementation of curriculum and daily activities for children. This person may supervise early childhood teachers, early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
"Early childhood intern" means a staff member who performs direct child care functions and related duties. This person works under the supervision of an early childhood teacher and the direct observation of at least an early childhood assistant teacher or early childhood caregiver. This person may be alone with children as listed in these regulations and meets the qualifications listed in these regulations.
"Early childhood teacher" means a staff member who performs direct child care duties. This person works under the supervision of an early childhood administrator or early childhood curriculum coordinator, and is immediately responsible for the direct care, supervision, guidance, and education of children at a center. This person may develop the curriculum and implements the curriculum and daily activities for a group of children. This person may supervise early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
"Enforcement action" means an action taken by OCCL to promote compliance such as warning of probation, probation, suspension, revocation, or denial.
"Experience" means the practical knowledge or skill gained from documented direct participation in working with children birth through second grade in a group setting for early care and education positions or with children kindergarten through sixth grade in a group setting for school-age positions.
"Field trip" means a trip or program activity off the licensed site and is not a routine program outing.
"Governing body" means the person or group of people with ultimate responsibility for and authority over the operation of a center, as for example, an owner or Board of Directors.
"Group size” or “maximum group size" means the number of children permitted by these regulations to be assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room.
"Hazardous material" means any item or agent (biological, chemical, radiological, and/or physical), that has the potential to cause harm to humans, animals, or the environment, by itself or through interaction with other factors.
"Health care provider" means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advanced practice nurses or nurse practitioners, and physician assistants.
"Hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant may provide evidence to contest the action.
"Individualized educational program" or "IEP" means a document written at least yearly which describes the services and supports needed for a child identified for special education usually for a child age three years and older.
"Individualized family service plan" or "IFSP" means a document written at least yearly about the required services for an infant or toddler (ages birth-two years) with an identified disability.
"Infant" means a child less than 12 months old.
"License" means the document issued by OCCL granting authority to a licensee at the center's location to operate under applicable State laws.
"Licensee" means the individual or entity, such as a company, corporation, organization, business, school district, or agency, legally responsible for a licensed center.
"Licensing specialist" means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Licensing supervisor" means an OCCL employee who is responsible for supervising licensing specialists. This person may perform regulatory actions and ensures licensing specialists are performing regulatory activities. This person approves complaint investigations, enforcement actions, and licenses.
"Licensure" means the status of a licensee when OCCL issued a child care license when the applicant demonstrated compliance with these regulations and applicable codes, regulations, and laws.
"Office of Child Care Licensing" or "OCCL" means the agency within the department authorized under 14 Del.C. §§3001A-3005A to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Overnight care" means care for a child between the hours of 10 PM and 6 AM, when four or more hours are during a child's normal sleeping hours.
"Parent/guardian" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
"Plan review" means the document submitted by an applicant to OCCL requesting approval to open a new center or by a licensee for an expansion or renovation of a licensed building's indoor or outdoor space to ensure compliance with these regulations.
"Preschool-age child" means a child age three through five who is not yet attending kindergarten or a higher grade. If a child is older than age five and is not yet attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.
"Probation" means an enforcement action initiated by OCCL due to the center being cited for serious non-compliance with these regulations.
"Professional development" means training and education designed to improve and increase the abilities of staff members.
"Provisional license" means a license issued for a maximum period of three months when the licensee is temporarily unable to comply with these regulations and there is no serious risk to the health, safety, or well-being of children. The licensee must agree to comply with a corrective action plan or an agreement of understanding. An extension beyond this time requires the OCCL administrator’s approval.
"Quality-assured training" means training that is monitored to ensure that the content of the training is research-based and aligned with State standards for the field.
"Regulation" means the minimum standard established by OCCL that is required for a particular aspect of child care.
"Revocation" means the process of rescinding a license during the license's effective dates withdrawing permission to operate.
"Routine program outing" means an activity occurring at least weekly that appears on the posted classroom activity schedule and involves children leaving the center's premises such as a routine walk to a playground or a walk around the block.
"School-age administrator" means a staff member of a school-age center with direct or supervisory responsibility for the school-age center's total program of services provided to children and their families including, when applicable, the administrative aspects. This person approves curriculum and also, when not assigning such duties to a school-age site coordinator, develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the school-age center. This person supervises all school-age staff members and meets the qualifications listed in these regulations.
"School-age aide" means a staff member of a school-age center who performs direct child care duties in this time-limited, entry-level position. This person works under the supervision of at least a school-age site coordinator and the direct observation of at least a school-age site assistant. This person has not completed the accepted training required for the position of school-age intern, may never be alone with children, and meets the qualifications listed in these regulations. This person will only count in staff/child ratios during the first year of employment at a center.
"School-age care" means care, education, protection, supervision, or guidance for school-age children before or after school, during school holidays, or during summer months.
"School-age center" means a center that exclusively provides care for school-age children.
"School-age child" means a child who attends or has attended kindergarten or a higher grade.
"School-age intern" means a staff member of a school-age center who performs direct child care duties. This person works under the supervision of at least a school-age site coordinator or school-age site assistant who is designated as responsible for the school-age center. This person works under the direct observation of at least a school-age site assistant, may be alone with children as listed in these regulations, and meets the qualifications listed in these regulations.
"School-age site assistant" means a staff member of a school-age center who performs direct child care duties. This person works under the supervision of at least a school-age site coordinator and assists in the implementation of curriculum. This person may supervise school-age interns, school-age aides, volunteers, and substitutes. This person meets the qualifications listed in these regulations.
"School-age site coordinator" means a staff member of a school-age center who performs direct child care duties. This person works under the supervision of the school-age administrator, and is immediately responsible for the day-to-day operations of the school-age center, direct care, supervision, guidance, and education of the children. This person implements curriculum and daily activities for children at the school-age center. In addition, when assigned such duties, this person develops and evaluates curriculum and monitors implementation of curriculum. This person may supervise school-age site assistants, school-age interns, school-age aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
"Secretary" means the Secretary of the Department of Education.
"Section 504 Plan" means a document describing accommodations provided to a child with a disability to ensure full participation at the center.
"Serious injury" means any impact or injury to a child's face or head, or any physical injury that creates a substantial risk of death or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of a body part.
"Serious non-compliance" means an action or actions that violate the terms of a license and presents a significant risk to children. Serious non-compliance includes, but is not limited to the following: child abuse or neglect, excessive non-compliance, failing to admit authorized people into the facility, failing to cooperate with an investigation, failing to report abuse or neglect, improper discipline, improper release of children, improper staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, having no administrator or curriculum coordinator, being over-capacity, participating in fraud or making false statements, safe sleep violations, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs and/or alcohol, leaving unqualified staff alone with children, failing to complete comprehensive background checks as required, having an unsafe building/environment, violating an agreement of understanding, or refusing to sign an agreement of understanding.
"Service Letters" as required by the Delaware Department of Labor, 19 Del.C. §708, are used to determine whether a person seeking employment was counseled, warned, reprimanded, suspended, or discharged as a result of a reasonably substantiated incident involving his/her violent behavior or threat of violence in the workplace, or for abuse or negligence/neglect of patients/clients/residents/children.
"Staff member" means a full- or part-time employee of a center and all substitutes.
"Substitute" means a paid staff member who is temporarily filling in for a position during the absence of a permanent staff member. This person works under the supervision of at least an early childhood teacher, school-age site coordinator, or school-age site assistant who is designated as responsible for the school-age center. If not qualified to be alone with children, the substitute must work under the direct observation of at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant.
"Successful completion" means earning at least a grade of C- or its equivalent in early childhood education or child development course work from a regionally accredited college or university or completion of a quality-assured training course.
"Supervised experience" means completion of the process specified by OCCL to reduce the amount of experience required to qualify for specific early childhood and school-age positions.
"Supervision of children" means the correct number of staff members are physically present in the area or room, including outside, with children. Supervision includes providing watchful oversight and timely attention to children's actions and needs.
"Supervision of staff" means performing monitoring and evaluation of assigned staff, which includes the observation of interactions of assigned staff members with children and families, and staff's adherence to these regulations and the center's policies and procedures. When performing monitoring functions, supervisory staff members must be physically present in the same room or area as assigned staff members and directly observe staff to monitor on-going interaction with children.
"Suspension order" means a notice issued by OCCL directing a licensee to stop providing child care as of a specific date. While the license is suspended, a licensee may not provide child care.
"Toddler" means a child at least 12 months old and less than 36 months old.
"Training" means an organized professional development activity that is accepted by OCCL as designed to develop or enhance the early care and education or school-age competencies.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
"Volunteer" means a person who provides an unpaid service or support to a center. Unless qualified to be alone with children as stated in these regulations, volunteers must be directly supervised at all times by at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant.
"Warning of probation" means an enforcement action initiated by OCCL because the center was cited for serious non-compliance.
“Youth camp” means a child-serving entity having custody or control of one or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, educational and/or religious instruction or guidance and operates for up to 12 weeks for three or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year, and is operated in a space or location that is not subject to licensing pursuant to 14 Del.C. §3004A.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-4.0** Definition of Regulated Service {#sec-933-4.0 omnilex-key=us-de-regs-official--title-14--933-4.0}
4.1 Early care and education and school-age centers provide care, education, protection, supervision, and guidance for 13 or more children, including children who are related to the licensee. This service is provided to an individual child for less than 24 hours per day and children attend without a parent/guardian. A licensee receives payment for services provided. This definition includes, but is not limited to, full- and part-time child care or daycare, early care and education, preschool, nursery school, before- or after-school care, school vacation or holiday care, and summer child care.
4.2 An individual, corporation, LLC, organization, entity, program, or agency that operates a center at a public or private school is required to obtain a license unless a public or private school operates the program.
4.3 The following facilities that operate for less than 24 hours per day shall be exempt from licensure under these regulations:
4.3.1 Youth camps that provide care for only school-age children and are issued permits by the Division of Public Health (DPH);
4.3.2 An institution, agency, association, or organization under State of Delaware ownership and control;
4.3.3 Religion classes conducted by religious institutions during the summer that do not exceed four weeks;
4.3.4 Programs established in connection with a business, recreation center, or religious institution in which children are provided care for brief periods of time, while a parent/guardian is on the premises and readily accessible at all times;
4.3.5 Programs that offer activities for school-age children who attend at their own discretion on an 'open door' basis, where there is no payment and no agreement, written or implied, between the program and the parent/guardian for the program to be responsible for the care of the child;
4.3.6 Programs that offer school-age care on a limited basis in order to meet an emergency need or special need, or only during school in-service days, school holidays, or school vacations;
4.3.7 Programs that solely provide lessons or classes, such as tutoring, music, dance, sport, or art; or
4.3.8 A public or private school that provides education in the subjects prescribed for the schools of the State. This school reports to the State Board of Education pursuant to 14 Del.C. §2704. This exclusion includes programs and preschool education programs for people with disabilities as defined by 14 Del.C. §3101(4) operated by these schools, except as stated in subsection 4.2.
4.4 An individual, corporation, LLC, organization, entity, program, agency, or school district may not operate a center or provide child care services as defined in these regulations unless issued a license by OCCL. Anyone who operates a center without a license violates 14 Del.C. §§3001A-3005A, The Delaware Child Care Act, and shall be fined not more than $100 or imprisoned not more than three months, or both.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-5.0** Authority to Inspect {#sec-933-5.0 omnilex-key=us-de-regs-official--title-14--933-5.0}
5.1 Applicants, licensees, staff members, and volunteers, if applicable, shall allow access to the center during the hours of operation. This includes access to information, files, documents, and video recordings needed to determine compliance. Access must be granted to officials from OCCL and other State and local agencies to determine compliance with applicable codes, regulations, or laws. A licensee shall ensure agencies providing payment for child care services are also granted access.
5.2 Applicants, licensees, staff members, and volunteers, if applicable, shall allow and not hinder the interviewing of a licensee, staff member, substitute, child in care, or child's parents/guardians by officials from OCCL or other State and local agencies. Interviews will occur to determine compliance with these regulations and other applicable codes, regulations, or laws. A licensee shall cooperate and have staff members cooperate with investigations regarding allegations of child abuse or neglect conducted by the Department of Services for Children, Youth and Their Families.
**History**
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-6.0** License Requirements {#sec-933-6.0 omnilex-key=us-de-regs-official--title-14--933-6.0}
6.1 A license remains the property of OCCL and is not transferable or subject to sale.
6.2 A licensee shall post the license where it is visible to the public.
6.3 When a center is sold, closes, relocates, or when the license has been suspended or revoked, the license immediately becomes not valid.
6.4 In the event of the licensee's death, the early childhood administrator or a staff member shall inform OCCL within 10 business days. The center may continue to operate for 90 days to allow time for a new applicant to complete the licensing process or to allow families to find alternate care because the center is closing. The license will no longer be valid 90 days after the licensee's death.
6.5 A separate application must be made for each center's address. A separate license is not required for a center that operates in two or more buildings at the same address.
PART II LICENSING PROCESS AND PROCEDURES
**History**
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-7.0** Procedures for Initial Licensure {#sec-933-7.0 omnilex-key=us-de-regs-official--title-14--933-7.0}
7.1 An applicant shall complete the following steps and submit the following information to OCCL when seeking a license:
7.1.1 Attend OCCL's information session and orientation to learn the application process and regulations (an applicant may send the designated representative).
7.1.2 Submit a completed Initial License Application (see Appendix I), which includes:
7.1.2.1 Applicant's name, address, email, and phone numbers;
7.1.2.2 Applicant's references: for corporations contact information for officers; for LLCs contact information for managing member; for public and private schools contact information for the superintendent or equivalent officer;
7.1.2.3 Previous licensure information, if applicable;
7.1.2.4 Program information (including ages of children to be served);
7.1.2.5 Staffing information (including names of proposed employees); and
7.1.2.6 Certifications that include:
7.1.2.6.1 Agreement to comply with federal and State laws and regulations;
7.1.2.6.2 Statement that information supplied is true and correct; and
7.1.2.6.3 Acknowledgment that OCCL is required to make a thorough investigation of the applicant.
7.1.3 Submit the following items to OCCL:
7.1.3.1 Blueprints or diagrams of the center;
7.1.3.2 Plan review including an emergency plan;
7.1.3.3 Sample two-week menu, if providing meals or snacks (if using a catering service, a copy of the caterer's food establishment permit);
7.1.3.4 Business plan;
7.1.3.5 Deed, lease, or documentation showing a lease/sale will be entered into at a date prior to licensure for the center. If located in a school, written permission to use an area or classroom is needed. An actual deed or lease is required before the pre-licensing visit is conducted;
7.1.3.6 Fire marshal approval from State fire marshal or designated fire marshal when located within the city limits of Wilmington, Newark, New Castle, or Dover;
7.1.3.7 Proof of compliance with zoning codes/certificate of occupancy or use, and, if applicable, other codes, regulations, guidelines, or laws, such as those regarding building construction, plumbing, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
7.1.3.8 Lead-paint risk assessment and requirements of subsection 45.2, if the center was built before 1978;
7.1.3.9 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references;
7.1.3.10 Comprehensive background checks, as described in subsection 28.3, for the applicant, early childhood or school-age administrator, and early childhood teacher or school-age site assistant;
7.1.3.11 If an applicant will be present at the center, an applicant's health appraisal must contain a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff, and was conducted within one year before the application date. This form must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have access to children or others and any reasonable accommodations that may be required;
7.1.3.12 For early care and education programs, DE First certificates for an early childhood administrator and at least one early childhood teacher and for school-age programs, DE First certificates for a school-age administrator and at least one school-age site assistant;
7.1.3.13 Parent handbook;
7.1.3.14 Staff handbook;
7.1.3.15 Evidence showing each room used for child care to be free of radon hazards using the Environmental Protection Agency's guidelines:
7.1.3.15.1 Testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.
7.1.3.15.2 If testing indicates a radon level over 4.0 pCi/l, radon mitigation according to industry standards must occur or a long-term radon test (90-120 days) must indicate a level less than 4.0 pCi/l.
7.1.3.16 Certification of indoor air quality, if applicable;
7.1.3.17 Certificate of liability insurance due by pre-licensing visit; and
7.1.3.18 State business license.
7.2 Upon receipt of the completed application and required information, a licensing specialist will:
7.2.1 Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations;
7.2.2 Make a recommendation for licensure. If a license is granted, it will be a six-month initial provisional license; and
7.2.3 Notify the applicant as stated in subsection 13.4 if an initial provisional license to operate is denied.
7.3 A licensing specialist shall conduct a compliance review at the center before the expiration of the initial provisional license. Once this review is completed, OCCL will issue a provisional or annual license depending upon whether full compliance is obtained. This license will be valid for six months.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-8.0** License Renewal {#sec-933-8.0 omnilex-key=us-de-regs-official--title-14--933-8.0}
8.1 A licensee shall submit a completed Renewal License Application (see Appendix II) to OCCL at least 60 days before the current license expires that includes the following:
8.1.1 A sample two-week menu of meals or snacks, if the center provides meals or snacks;
8.1.2 Certificate of liability insurance; and
8.1.3 A copy of the current State business license.
8.2 Applications received less than 60 days before the license expiration will be cited as late on the compliance review.
8.3 When a licensee applies on time, the existing license will not expire until OCCL makes a decision on the renewal application.
8.4 When a licensee applies after the license expires, if approved, the new license will start the date OCCL received the application. A license will not be backdated.
8.5 A licensing specialist or licensing supervisor shall verify during an unannounced annual compliance review that the licensee complies with these regulations.
8.5.1 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.
8.5.2 Within five days of the citation, a licensee may dispute citations by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
8.5.2.1 A licensee may provide evidence that the facility was wrongly cited.
8.5.2.2 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
8.6 OCCL will issue one of the following types of licenses:
8.6.1 An annual license for 12 months when the licensee is in full compliance with the regulations;
8.6.2 A provisional license when the licensee is unable to achieve full compliance before the current license expires and the licensee agrees to comply with the corrective action plan; or
8.6.3 A license extension when compliance has not been determined through no fault of the licensee.
**History**
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-9.0** Changes Affecting a License {#sec-933-9.0 omnilex-key=us-de-regs-official--title-14--933-9.0}
9.1 A licensee shall submit a new application and receive approval before changing the center's name or the type of authorized regulated service.
9.2 A licensee shall submit a revised plan review and receive approval before:
9.2.1 Making additions or renovations to the indoor areas/classrooms or outdoor areas of the center; or
9.2.2 Changing meal services provided at the center.
9.3 Before the new or renovated area is used or the new meal service begins, a licensing specialist will conduct an on-site visit to confirm the plan was followed.
9.4 A licensee may be required to submit a revised plan review when changing the ages of children served.
9.5 A licensee and prospective licensee shall follow the procedures in subsection 14.1 in preparation for the sale of the center.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-10.0** Relocation of a Center {#sec-933-10.0 omnilex-key=us-de-regs-official--title-14--933-10.0}
10.1 A licensee planning to relocate shall notify OCCL at least 90 days before a planned relocation of a center. A licensee shall complete a Relocation Application (see Appendix II) and submit the following information on the new location to OCCL before a licensing specialist conducts a compliance review:
10.1.1 Blueprints or diagrams of the center;
10.1.2 Plan Review including an emergency plan;
10.1.3 Deed, lease, or documentation showing a lease will be entered into at a date prior to licensure for the center or if located in a school, permission to use an area or classroom;
10.1.4 Fire marshal approval for the center;
10.1.5 Proof of compliance, if applicable, from the appropriate regulatory bodies governing zoning/certificate of occupancy or use, building construction, plumbing, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
10.1.6 Certification of indoor air quality, if applicable;
10.1.7 Evidence showing each room used for child care to be free of radon hazards as stated in Section 7.0; and
10.1.8 Insurance documentation;
10.1.9 Lead-paint risk assessment and requirements of subsection 45.2, if the center was built before 1978; and
10.1.10 Radon testing and mitigation, if necessary, as stated in subsection 45.3.
10.2 A licensee may not provide child care at the new location until OCCL issues a license at the new address.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-11.0** Regulation Variance {#sec-933-11.0 omnilex-key=us-de-regs-official--title-14--933-11.0}
11.1 An applicant or licensee shall comply with all regulations unless an applicant or licensee requests a variance from OCCL and receives approval.
11.2 The applicant or licensee shall describe on a written variance request form, (see Appendix III), how an applicant or licensee will meet the intent of a specific regulation in a different way from the way the regulation states.
11.2.1 The change may not endanger the health, safety, or well-being of children in care.
11.2.2 The licensee shall keep the variance approval and make it available on request. A variance is valid only for this licensee. If the licensee fails to comply with the variance, OCCL will cancel the variance and require the licensee to comply as the regulation states.
11.2.3 A variance denial may be appealed by requesting a conference with OCCL’s administrator or designee.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-12.0** Complaints {#sec-933-12.0 omnilex-key=us-de-regs-official--title-14--933-12.0}
12.1 OCCL shall investigate when a complaint is received regarding a possible violation of these regulations.
12.2 OCCL shall notify the licensee or a staff member that a complaint is being investigated at an unannounced visit.
12.3 OCCL shall report the results of the investigation in writing.
12.4 If the complaint is substantiated or if other violations are found during the investigation, a licensee shall correct the violations and come into compliance with these regulations.
12.4.1 Within five days of receiving the complaint investigation report, a licensee may dispute citations or findings by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
12.4.2 A licensee may provide evidence that the facility was wrongly cited.
12.4.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
12.5 Complaints relating specifically to laws, rules, or regulations of other governmental entities (including but not limited to the Americans with Disabilities Act and Delaware Equal Accommodations Law) will be referred to the appropriate entity, charged with enforcement authority, for investigation. At the time of the referral, OCCL shall request a report of the findings. OCCL shall assist the complaining party with the referral process or make the referral itself, as appropriate. OCCL shall request a report of the findings at the conclusion of the investigation. These findings may be used as the basis for an OCCL enforcement action.
12.6 An investigation by the Department of Services for Children, Youth, and Their Families' Institutional Abuse Unit will be made if a complaint is received regarding the abuse or neglect of a child at the center by a staff member.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-13.0** Enforcement Actions {#sec-933-13.0 omnilex-key=us-de-regs-official--title-14--933-13.0}
13.1 To maintain licensure, a licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan or an enforcement action.
13.1.1 An enforcement action, such as warning of probation, probation, suspension, revocation, or denial of a license application, may be initiated by OCCL when a licensee fails to comply with a corrective action plan or agreement of understanding, or has been cited for serious non-compliance.
13.1.2 A licensee may appeal an enforcement action by requesting a hearing within 10 business days of notification of OCCL's decision to impose the action.
13.1.2.1 This appeal request may be written or verbal for warning of probation or probation. All other appeal requests must be provided by the applicant or licensee in writing.
13.1.2.2 A licensee may provide evidence that the facility was wrongly cited.
13.2 License Suspension
13.2.1 OCCL may immediately suspend a license if the health, safety, or well-being of children in care is in serious or imminent danger.
13.2.1.1 A suspension order requires the licensee to immediately stop providing child care. Absent extenuating circumstances, a suspension order shall be in writing.
13.2.1.2 If a verbal suspension order is provided, it will be followed by a hand-delivered written suspension order by 11 AM the following business day.
13.2.1.3 A written suspension order must state the reason or reasons for the enforcement action.
13.2.2 Within 10 business days of OCCL issuing the written order, the licensee may choose to close permanently, remain suspended until the reason for the suspension has been corrected, or remain suspended and request a hearing in writing.
13.2.3 A hearing must be scheduled and held within 10 business days of the licensee's written request for a hearing.
13.2.3.1 A hearing officer with no previous involvement in the matter must be assigned by the Associate Secretary of Early Childhood Support.
13.2.3.2 The hearing officer may allow delays in the hearing only for good cause.
13.2.3.3 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision.
13.2.3.4 The licensee will be notified in writing of the decision of the Secretary. The decision will become final 10 business days after it is mailed or delivered to the licensee.
13.2.4 A licensee dissatisfied with the department's decision for suspension may file an appeal within 30 business days after the mailing or delivery of the decision notice.
13.2.4.1 A licensee appeals to the Delaware Superior Court in the county where the center is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
13.2.4.2 A licensee shall supply a copy of the appeal to the department.
13.2.4.3 The licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
13.2.4.4 The final decision of the Secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
13.3 Warning of Probation or Probation
13.3.1 OCCL may place a center on warning of probation or probation when serious non-compliance is cited.
13.3.1.1 OCCL shall notify the licensee in writing of the reasons it intends to place the center on warning of probation or probation.
13.3.1.2 This letter will describe how a licensee may appeal the decision by requesting a hearing to present information that the cited violations are not valid.
13.3.1.3 Warning of probation may initially last up to six months and may be renewed. Probation may initially last up to one year and may be renewed.
13.3.2 Within 10 business days of receiving the written notice, the licensee shall request a hearing or accept the enforcement action.
13.3.3 A hearing must be held within 30 calendar days of the hearing request.
13.3.3.1 The department will assign a hearing officer with no previous involvement in the matter.
13.3.3.2 A hearing officer may allow delays in the hearing only for good cause.
13.3.4 After a hearing officer makes a recommendation regarding warning of probation, OCCL’s administrator determines whether to adopt the recommendation and makes a final decision. After a hearing officer makes a recommendation regarding probation, the Associate Secretary of Early Childhood Support determines whether to adopt the recommendation and makes a final decision. OCCL shall notify the licensee in writing of the decision.
13.3.5 A licensing specialist shall conduct unannounced visits during the enforcement period to ensure compliance with these regulations is maintained.
13.3.5.1 The findings will be reported to the licensee in writing.
13.3.5.2 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.
13.3.5.2.1 Within five days of the citation, a licensee may dispute citations by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
13.3.5.2.2 A licensee may provide evidence that the facility was wrongly cited.
13.3.5.2.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
13.3.6 Failure to comply with licensing regulations while on warning of probation or probation may result in having the enforcement action extended or heightened.
13.3.7 A licensee may not increase the licensed capacity or receive a new license at an additional site while on an enforcement action or when issued a notice regarding OCCL's intent to place the center on an enforcement action.
13.4 Denial of a License Application or Revocation
13.4.1 OCCL may deny a license application or revoke a license for good cause, including but not limited to the following:
13.4.1.1 Failure to comply with applicable provisions of federal, State, or local laws or of these regulations;
13.4.1.2 Violation of the terms or conditions of its license;
13.4.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the center;
13.4.1.4 Refusal to furnish OCCL with files, reports, or records as required by the law;
13.4.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the center during operating hours;
13.4.1.6 Engaging in any activity, policy, practice, or conduct by the licensee or staff member that adversely affects or is deemed by OCCL to be detrimental to the education, health, safety, or well-being of children; or
13.4.1.7 Conduct that otherwise demonstrates unfitness by the licensee or early childhood or school-age administrator to operate a center.
13.4.2 OCCL shall notify the applicant or licensee in writing of the reasons it intends to deny a license application or revoke a license. This letter will describe how an applicant or licensee may appeal the decision by requesting a hearing to present information that the cited violations or reasons for the denial are not valid.
13.4.2.1 Within 10 business days of receiving the written notice, the applicant or licensee shall request a hearing in writing or accept the denial or revocation and close within the time stated in the notice.
13.4.2.2 If an applicant or licensee does not make a timely request for a hearing as stated in subsection 13.4.2.1, the denial or revocation will take effect 30 business days after receiving the written notice from OCCL.
13.4.3 A hearing will be held within 30 calendar days of the hearing request.
13.4.3.1 The department will assign a hearing officer with no previous involvement in the matter.
13.4.3.2 A hearing officer may allow delays in the hearing only for good cause.
13.4.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.
13.4.5 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision. The applicant or licensee will be notified in writing of the decision. The decision will become final 10 business days after it is mailed or delivered to the applicant or licensee.
13.4.6 An applicant or licensee who is dissatisfied with the department's decision regarding revocation or denial may file an appeal within 30 business days after the mailing or delivery of the decision notice.
13.4.6.1 The applicant or licensee appeals to the Delaware Superior Court in the county where the center is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
13.4.6.2 The applicant or licensee shall supply a copy of the appeal to the department.
13.4.6.3 The applicant or licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
13.4.6.4 The final decision of the Secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
13.4.7 When a license has been revoked or an application has been denied, the licensee or applicant may not apply for a license from OCCL for three years from the date that the revocation or denial was upheld. A facility's designated representative, early childhood administrator, school-age administrator, or person in a leadership role will not be issued a license during this three-year period.
PART III ADMINISTRATION AND ORGANIZATION
**History**
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-14.0** Notification to OCCL {#sec-933-14.0 omnilex-key=us-de-regs-official--title-14--933-14.0}
14.1 A licensee shall notify OCCL in writing at least 90 days before the expected closing of the center or a change of ownership, sponsorship, location, center name, capacity, or type of regulated service being provided such as changes the ages of children served.
14.1.1 When a licensee plans to sell a currently licensed center, the prospective licensee shall follow the procedures listed in Section 7.0, before the center is sold so that a child care license can be issued to the new owner when all licensing criteria are met and the sale is finalized. Lead-risk assessments are transferrable.
14.1.2 Once the initial licensing procedures are completed by the prospective owner, a licensing specialist will conduct a pre-licensing visit to issue a license that becomes effective the date the facility is sold. If non-compliance is cited, a corrective action plan will be created with a maximum of 30 days for completion assuming no major health or safety violations were cited.
14.1.3 The prospective licensee shall provide a copy of the bill of sale to OCCL before OCCL will issue the license.
14.2 A licensee shall notify OCCL within five business days of the resignation, termination, transfer, or hiring of the early childhood or school-age administrator, early childhood curriculum coordinator, or school-age site coordinator. An early childhood administrator or staff member shall notify OCCL within 10 business days of the death of the licensee.
14.3 A licensee shall ensure OCCL is called within one business day Monday-Friday from 8:00 AM to 4:30 PM (The caller must speak with someone; leaving a message is not acceptable) in the event of:
14.3.1 A fire, flood, or other disaster causes damage that affects the center's ability to operate safely;
14.3.2 Injury of a child while in the care of a center, when the center is informed the child required medical/dental treatment other than any first aid provided at the center. A licensee shall follow this call with a written report within three business days;
14.3.3 Suspected abuse or neglect of a child while in care (after reporting the suspicion to the 24-Hour Child Abuse Report Line, currently listed as 1-800-292-9582);
14.3.4 A known arrest or conviction of a staff member or licensee;
14.3.5 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error such as administering the wrong medication to a child, administering the wrong dose, failure to administer the medication, administering a medication to the wrong child, or administering the medication by the wrong route. The licensee shall follow this call with a written report within three business days;
14.3.6 The phone number of the center changes (must also notify parents/guardians and staff members);
14.3.7 A child is abducted from the center or is missing while in the center's care; or
14.3.8 An equipment breakdown that threatens the health and safety of children in care, including but not limited to lack of working toilets, interruption of running water, loss of phone service or power, smoke/fire alarm system failure, and heating or air-conditioning failure.
14.4 The licensee shall immediately call the 24-Hour Child Abuse Report Line (currently listed as 1-800-292-9582) when a child in care dies. After this call, a licensee shall immediately notify OCCL.
14.5 A licensee shall ensure telephone calls from OCCL requiring a response are returned within two business days.
**History**
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-15.0** Governing Body {#sec-933-15.0 omnilex-key=us-de-regs-official--title-14--933-15.0}
15.1 A licensee shall have an identifiable owner or governing body with responsibility for and authority over the operation of the center. The owner or governing body shall designate a qualified person to function as the center's early childhood or school-age administrator.
15.2 A licensee, governing body, if applicable, and employees shall follow all applicable federal, State, and local laws and regulations, including, but not limited to, the Americans with Disabilities Act and Delaware Equal Accommodations Law.
15.3 A licensee shall have an organized system of business management and have sufficient staff, space, and equipment to fulfill, at a minimum, administrative, fiscal, clerical, cleaning, maintenance, food services, direct child care, and supervisory functions.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-16.0** Insurance Coverage {#sec-933-16.0 omnilex-key=us-de-regs-official--title-14--933-16.0}
A licensee shall have documentation of motor vehicle insurance if transporting children in a vehicle that is owned or leased by the center, comprehensive general liability insurance, and other insurance as required by State law.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-17.0** Telephones {#sec-933-17.0 omnilex-key=us-de-regs-official--title-14--933-17.0}
17.1 A licensee shall ensure a center has a working, publicly-listed phone number. This on-site phone must have a feature that allows a caller to leave a voicemail message. The licensee shall provide the new phone number to the parent/guardian, staff, and OCCL within one business day if it changes.
17.2 A licensee shall post emergency phone numbers by telephones accessible to staff members for ambulance or emergency medical services, police, fire departments (911), Poison Control Center, and the 24-Hour Child Abuse Report Line (currently listed as 1-800-292-9582).
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-18.0** General Human Resources and Personnel Policies {#sec-933-18.0 omnilex-key=us-de-regs-official--title-14--933-18.0}
A licensee shall have and follow written policies and practices that include procedures for positive behavior management of children, handling allegations of child abuse and neglect, for hiring, discipline, dismissal, dishonesty, suspension, and lay-off of staff members in accordance with applicable laws. These policies must be available to staff members and prospective staff members.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-19.0** Child Abuse and Neglect Reporting Requirements {#sec-933-19.0 omnilex-key=us-de-regs-official--title-14--933-19.0}
19.1 A licensee shall develop, adopt, follow, and maintain on file written policies and procedures for handling an incident of suspected child abuse or neglect that occurs while a child is in or out of the center's care to comply with applicable laws.
19.2 Allegations of Abuse or Neglect against a Staff Member
19.2.1 The licensee shall ensure children are not abused or neglected.
19.2.2 The licensee shall eliminate the factors or circumstances that may result in a continuing risk of abuse or neglect to children if the abuse or neglect occurred at the center by a staff member.
19.2.3 A staff member alleged to have abused or neglected a child may not have direct contact with any child until the completion of the incident's investigation. However, at the licensee's discretion, the staff member may be reassigned to other duties that do not involve contact with children.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-20.0** Positive Behavior Management {#sec-933-20.0 omnilex-key=us-de-regs-official--title-14--933-20.0}
20.1 A licensee shall have and follow an easy-to-understand written children's behavior management statement. The statement shall be posted in a noticeable place in the center and provided to a parent/guardian and staff.
20.2 A licensee shall ensure that all staff use prevention strategies, appropriate redirection rather than restraint, and positive developmentally-appropriate methods of behavior management of children, which encourage self-control, self-direction, positive self-esteem, social responsibility, and cooperation.
20.2.1 Staff shall give directions and guidance in a clear, non-threatening manner.
20.2.2 In addition, staff members shall intervene quickly to ensure the safety of children and others; redirect children by suggesting other acceptable behaviors; escort the child to a different setting when necessary and speak so children understand their feelings are important and acceptable, but their disruptive behavior is not.
20.2.3 As children develop, these methods must be modified to encourage them to control their own behavior, cooperate with others, and solve problems by developing ideas about the best possible solution.
20.3 A licensee shall ensure staff members consult with a child's parent/guardian and professionals, if necessary, to design effective positive behavioral interventions and to adapt behavior management practices for a child who has a special need, including a behavioral or emotional disability.
20.4 A licensee shall ensure staff members teach by example by always being respectful when speaking to children and others such as other staff and families while at the center.
20.5 A licensee shall ensure that if "time-out" is used, it is used only as necessary to help the child gain control of behavior and feelings. It must be used as a supplement to, not a substitute for, other developmentally-appropriate methods of behavior management.
20.5.1 "Time-out" must be limited to brief periods of no more than one minute for each year of a child's age.
20.5.2 "Time-out" may not be used for infants.
20.5.3 Before using "time-out", the staff member shall discuss the reason for the "time-out" in language appropriate to the child's level of development and understanding.
20.5.4 A child removed from the group or room during a "time-out" must be supervised. Before rejoining the group or at another time, a staff member must talk to the child in ways that encourages the child to make better decisions in the future.
20.6 A licensee shall ensure the following actions are prohibited:
20.6.1 Roughly handling a child or physical punishment inflicted on a child's body, including, but not limited to the following: shaking, grabbing, striking, hair pulling, biting, pinching, plucking, slapping, hitting, kicking, or spanking;
20.6.2 Yelling at, humiliating, or frightening children;
20.6.3 Physically or sexually abusing a child;
20.6.4 Making negative comments about a child's appearance, ability, ethnicity, family, or other personal traits;
20.6.5 Denying children food, water, or toilet use for inappropriate behavior;
20.6.6 Tying, taping, chaining, caging, or restraining a child by a means other than holding. The child may be held only as long as necessary for the child to regain control;
20.6.6.1 If the child or others are in imminent danger or a risk to themselves or others, physical holding for as brief as possible to remedy the risk or removing the child to a safer location is permissible. Supervision is required.
20.6.6.2 In the event physical holding is used, documentation must occur by the staff. The early childhood or school-age administrator shall be involved in monitoring and managing the situation to ensure safety of all (child and staff member).
20.6.7 Punishing children for a toileting accident, or for failing to fall asleep, eat food, or complete an activity;
20.6.8 Withholding physical activity as punishment; or
20.6.9 Encouraging or allowing children to hit, punish, or discipline each other.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-21.0** Food Service Policy {#sec-933-21.0 omnilex-key=us-de-regs-official--title-14--933-21.0}
21.1 A licensee shall have and follow a written policy concerning food service. This policy must be given to a parent/guardian at enrollment and when updated. This policy must include:
21.1.1 A statement that children are encouraged but not forced to eat;
21.1.2 Approximate times of snacks and meals;
21.1.3 Procedures to address food allergies (for foods provided by the center or parents/guardians); and
21.1.4 A description of which food services will be provided by the licensee or by a parent/guardian.
21.2 A licensee shall ensure when meals or snacks are provided by the center the food service policy includes:
21.2.1 Procedures to address religious dietary requirements and other dietary requests or restrictions; and
21.2.2 A policy on whether additional servings of foods will be served to a child who has been fed and is still hungry.
21.3 A licensee shall ensure when meals and snacks are provided by a parent/guardian the food service policy includes:
21.3.1 Statements that meals or snacks may not be shared with others;
21.3.2 Statements that foods must be clean and safe and comply with the center's written policy concerning the content of foods provided by a parent/guardian;
21.3.3 Written procedures to be followed to prevent spoilage of foods brought from home; and
21.3.4 Procedures that the center will follow to provide a meal or snack to a child who has not brought one or both.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-22.0** Breast Feeding {#sec-933-22.0 omnilex-key=us-de-regs-official--title-14--933-22.0}
A licensee shall have and follow a policy to address the needs of a child who is breastfed. This policy must include allowing a mother to breastfeed her child at the center in a designated place in the center that is clean, removed from public view, and not located in a toilet room or kitchen.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-23.0** Center Policies-Parent/Guardian Handbook {#sec-933-23.0 omnilex-key=us-de-regs-official--title-14--933-23.0}
23.1 A licensee shall have and follow an organized system of respectful communication with parents/guardians and provide a handbook at enrollment that includes the following information:
23.1.1 Assurances that parent/guardian's visits and monitoring of the program are welcomed and permitted without prior approval;
23.1.2 Assurances of non-discrimination based on race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran’s status, or any other category protected by state and/or federal laws;
23.1.3 A statement of the center's developmental and educational goals for children as stated in subsection 73.2.1 including procedures for regularly informing the parent/guardian about the program and the child's developmental and educational progress including a minimum of one annual conference between center staff and the parent/guardian;
23.1.4 A written explanation of the mandatory reporting of child abuse and neglect;
23.1.5 Information about procedures used to assess children's accomplishments and needs and, when there are concerns, to refer the parent/guardian for additional help in the community;
23.1.6 Upon request, a procedure for informing the parent/guardian of the identities and contact information of the governing body members and owners, as applicable;
23.1.7 A procedure encouraging the parent/guardian to review current licensing regulations that are made available at the center;
23.1.8 A procedure for accepting and handling complaints from the parent/guardian;
23.1.9 Procedures related to the release of children including:
23.1.9.1 Releasing children only to people approved by a parent/guardian including a process for the emergency release of a child;
23.1.9.2 Allowing school-age children to walk home or from the school bus stop to the center each with written parent/guardian permission;
23.1.9.3 Checking the identity of an unknown approved person before releasing the child and keeping documentation of this verification except for bus drivers contracted by the child's school;
23.1.9.4 Handling situations in which a non-custodial parent attempts to claim the child without custodial parent/guardian permission;
23.1.9.5 Handling situations in which an unapproved person attempts to pick up a child, and
23.1.9.6 Handling situations when a person who seems to be intoxicated or unable to bring the child home safely requests the release of a child;
23.1.10 Procedures to report accidents or critical incidents involving the child and other important information relating to the child;
23.1.11 Procedures stating that written permission from the parent/guardian is required before disclosing or using a child's written, electronic, or digital information except to employees of OCCL or other entities with statutory responsibilities for issues relating to the health, safety, and well-being of children;
23.1.12 Procedures for using a written transition plan when enrolling a child or when moving a child permanently from a particular group or room. The parent/guardian must be informed in advance;
23.1.13 Policies for routine and emergency health care including procedures to follow in case of illness; plans for accessing emergency services, including transportation and parent/guardian notification; illness exclusions including reportable communicable diseases; parent/guardian notification of communicable disease or condition; and administration of medication policies including reasonable accommodations for a child with disabilities;
23.1.14 Policies for child suspension and expulsion such as the “Best Practice Statement for the Prevention of Expulsion and Suspension in Delaware Early Childhood Programs,” that can be found on the “My Child DE” website;
23.1.15 Policies on positive behavior management, food and nutrition services as described in Section 21.0, safety and sanitation, physical activity, screen time, photographing or videotaping children, and transporting children, as applicable; and
23.1.16 A typical daily schedule of the center's programs and activities.
STAFFING REQUIREMENTS AND QUALIFICATIONS
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-24.0** Staff Qualifications {#sec-933-24.0 omnilex-key=us-de-regs-official--title-14--933-24.0}
24.1 A licensee shall ensure sufficient qualified staff members are hired and retained to meet the requirements of these regulations. A licensee shall ensure a copy of the qualifications certificate is kept in the staff member's file.
24.2 Staff members qualified by Delaware First, before the effective date of these regulations shall keep that qualification.
24.3 A licensee shall ensure each staff member without a qualifications certificate submits, within 60 days of hire, true and accurate documentation to Delaware First showing how the staff member is qualified for a position. OCCL shall determine what education, training, or experience is acceptable as an equivalent to meeting the stated qualifications. Credits from a regionally accredited college or university may be used as other equivalent training as accepted by OCCL or its designee.
24.3.1 If false qualifications documentation is submitted to OCCL or its designee, the applicant will be notified and will be unable to submit new or updated documentation for one year.
24.3.2 OCCL and its designee will only accept high school diplomas obtained through regionally accredited agencies. The secondary credential assessment, such as the GED® Test and alternatives, will only be accepted if the examination was completed through the American Council on Education or individual state-sanctioned agencies.
24.3.3 A licensee shall ensure high school diplomas or equivalents, college transcripts, or degrees from other countries used to verify education for a position are evaluated by an independent credentialing agency accepted by OCCL or its designee.
24.4 Supervised experience may be used for designated positions and will reduce the required experience by half.
24.4.1 To participate in supervised experience, a staff member shall demonstrate the ability to select and present developmentally-appropriate lessons, activities, and curriculum for individual children as well as for small and whole groups of children.
24.4.2 Demonstration must be observed and documented by an early childhood administrator or early childhood curriculum coordinator, each with a degree. Supervised experience for school-age positions may be observed and documented by a school-age administrator or school-age site coordinator.
24.4.3 Supervised experience may only be earned at a licensed center.
24.4.4 The process and forms used to document supervised experience are located on OCCL's website. OCCL's approval is needed before supervised experience begins.
24.5 Early Childhood Administrator
24.5.1 A licensee shall ensure that the early childhood administrator is at least 21 years old and meets the following education and experience qualifications:
24.5.2 An early childhood administrator without a degree, who formerly qualified as the program director at a center licensed before January 1, 2007, is able to serve as the early childhood administrator. To keep this qualification, this person must remain at that original center or may transfer only to a center licensed before January 1, 2007, that is owned by the same licensee. This center must have a qualified early childhood curriculum coordinator with at least an associate degree functioning in that role.
24.6 Early Childhood Curriculum Coordinator
24.6.1 A licensee shall ensure an early childhood curriculum coordinator is at least 20 years old and meets one of the following education and experience qualifications:
24.6.2 An early childhood curriculum coordinator without a degree may fill this position when the early childhood administrator is qualified with at least an associate degree.
24.7 Early Childhood Administrator or Early Childhood Curriculum Coordinator - Specialized Training
24.7.1 If the center serves infants or toddlers, a licensee shall ensure either the early childhood administrator or early childhood curriculum coordinator has successfully completed 15-clock-hours of accepted training in infant or toddler development and curriculum. The clock hours may be from college or university credits.
24.7.2 If the center serves school-age children, a licensee shall ensure either the early childhood administrator or early childhood curriculum coordinator has successfully completed 15-clock-hours of accepted training in school-age care. The clock hours may be from college or university credits. A center employing a school-age administrator who functions in that role is exempt from this requirement.
24.8 Early Childhood Teacher
24.8.1 A licensee shall ensure an early childhood teacher is at least 18 years old and meets one of the following education and experience qualifications:
24.9 Early Childhood Assistant Teacher
24.9.1 A licensee shall ensure an early childhood assistant teacher is at least 18 years old and meets the following education and experience qualifications:
24.10 Early Childhood Caregiver
24.10.1 A licensee shall ensure a staff member who formerly qualified as an early childhood caregiver at a specific center licensed before January 1, 2007, may continue to serve in that role.
24.10.2 To keep this qualification, a caregiver remains at that original center or transfers only to a center licensed before January 1, 2007, that is owned by the same licensee.
24.11 Early Childhood Intern
24.11.1 A licensee shall ensure an early childhood intern is at least 16 years old.
24.11.1.1 An early childhood intern may be 15 years old if attending a high school's early childhood education program and enrollment documentation is on file at the center.
24.11.1.2 An early childhood intern may count in the staff/child ratio.
24.11.1.3 An early childhood intern must always be under the direct observation of at least an early childhood assistant teacher or early childhood caregiver except as listed in subsection 24.11.3.
24.11.1.4 An early childhood intern must be at least four years older than any child in his or her direct care.
24.11.2 A licensee shall ensure an early childhood intern meets one of the following education qualifications:
24.11.2.1 Successful completion of at least 15-clock-hours of quality-assured training in early care and education;
24.11.2.2 Successful completion of at least three college or university credits from a regionally approved college or university in either child development or early childhood education; or
24.11.2.3 Successful completion of the education requirement for a higher position in these regulations.
24.11.3 While maintaining required ratios and group size, a qualified early childhood intern who is at least 18 years old may be alone with children when:
24.11.3.1 Walking children to or from a bathroom;
24.11.3.2 Walking children to or from receiving first aid treatment;
24.11.3.3 Walking children to or from a bus stop;
24.11.3.4 Walking children from one classroom or area to another within the center;
24.11.3.5 Supervising an ill child while waiting for pick-up by a parent/guardian; and
24.11.3.6 Supervising a group of napping children, ages one and older.
24.12 Early Childhood Aide
24.12.1 A licensee shall ensure an early childhood aide is at least 16 years of age.
24.12.2 An early childhood aide may be 15 years old if attending a high school's early childhood education program and enrollment documentation is on file at the center.
24.12.3 An early childhood aide must always be under the direct observation of at least an early childhood assistant teacher or early childhood caregiver.
24.12.4 An early childhood aide may not be alone with children.
24.12.5 An early childhood aide must be at least four years older than any child in his or her direct care.
24.12.6 An early childhood aide will count in the staff/child ratio only during the first 12 months of employment at a single center or affiliated center.
24.12.7 An early childhood aide attending a high school's early childhood education program with enrollment documentation on file at the center may count in the staff/child ratio while enrolled in the high school program.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-25.0** Substitutes, Volunteers, and Contracted Special Services Persons {#sec-933-25.0 omnilex-key=us-de-regs-official--title-14--933-25.0}
25.1 Substitutes
25.1.1 A licensee shall ensure a person may be a substitute at age 15 only if attending a high school's early childhood education program. A licensee shall ensure enrollment documentation is on file at the center.
25.1.2 A licensee shall have substitute staff members that are at least 16 years old. Documentation of their qualifications to fill a position during the absences of staff is required if alone with children.
25.1.3 Substitutes may count toward staff/child ratios for one year without being qualified as at least an early childhood intern.
25.1.4 A licensee shall ensure a substitute who is not qualified to be alone with children is under the direct observation of at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant at all times.
25.1.5 When the position of early childhood administrator or early childhood curriculum coordinator is vacant for 30 days or more, a substitute or person filling that role must be qualified for and function in the designated position.
25.1.6 As described in Section 30.0, a licensee shall ensure each substitute has a complete file.
25.1.7 Substitutes working less than 25 hours per week are exempt from having a professional development plan and completing annual training hours.
25.2 Volunteers
25.2.1 A licensee shall ensure a person may be a volunteer at age 15 only if attending a high school's early childhood education program. A licensee shall ensure enrollment documentation is on file at the center.
25.2.2 A licensee shall ensure volunteers are at least 16 years old if counted toward staff/child ratios. Volunteers may count toward staff/child ratios for one year without being qualified as at least an early childhood intern.
25.2.3 Volunteers providing unpaid services of less than five days or 40 hours a year are not required to have comprehensive background checks or a file and may never be alone with children.
25.2.4 A licensee shall ensure volunteers providing unpaid services of more than five days or 40 hours a year are fingerprinted by State Police before beginning to volunteer and complete a comprehensive background check as described in subsection 28.3. Volunteers who had a comprehensive background check and were determined eligible may be alone with children if qualified as at least an early childhood assistant teacher or school-age site assistant.
25.2.5 A licensee shall ensure an on-site file is created for each volunteer who volunteers five days or 40 hours per year before the volunteer begins to volunteer that includes the following:
25.2.5.1 Personal data sheet, containing the person's name, date of birth, home address, and phone number;
25.2.5.2 Volunteer start date and end date (as applicable);
25.2.5.3 Qualifications certificate, if applicable;
25.2.5.4 Health appraisal that includes verification of the person's ability to perform essential job functions. This appraisal must include a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff. This appraisal must be conducted within one year before a person's start date and submitted within the first month of volunteering. Written evidence of follow-up of any known health conditions of the volunteer that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children;
25.2.5.5 Statement signed by the volunteer stating whether the volunteer has previous convictions, current indictments, or involvement in criminal activity involving violence against a person, child abuse or neglect; possession, sale or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; or a substantiated case of child abuse or neglect;
25.2.5.6 Verification of fingerprinting form completed before the adult volunteer's start date or within five days of a volunteer turning 18;
25.2.5.7 Comprehensive background check results;
25.2.5.8 Verification of adult abuse registry check;
25.2.5.9 Documentation acknowledging that using alcohol or a drug that could adversely affect job functions, or having illegal drugs or substances, or non-prescribed controlled substances, is prohibited at the center;
25.2.5.10 If transporting children, a copy of a current driver's license;
25.2.5.11 Written proof of an annual review of safe sleep procedures (for programs serving infants);
25.2.5.12 Written proof of an initial and annual review of child abuse and neglect recognition and reporting procedures;
25.2.5.13 Orientation form that includes documentation that the center's policies and procedures as applicable to assigned duties was reviewed; and
25.2.5.14 If counting toward staff/child ratios, a professional development plan and record of annual training hours as listed in subsections 33.2 and 33.3.
25.2.6 Volunteers working as part of an institution of higher education's degree-granting program and assigned to a center may be present on a provisional basis after completing a State and federal fingerprint check for that center.
25.2.6.1 They must be supervised at all times. When eligibility is determined and if qualified as at least an early childhood assistant teacher or school-age site assistant, they may be alone with children.
25.2.6.2 When being fingerprinted, volunteers may list multiple centers on the consent form.
25.2.6.3 The fingerprint verifications for these students must be on file at the center.
25.2.6.4 A complete file is not required.
25.3 Contracted Special Services Persons
25.3.1 A licensee shall ensure individuals providing contracted special services (such as tutoring, computer education, and language lessons) who are not employees of the center are not alone with children, unless they complete a comprehensive background check for the center and are determined eligible. Documentation of eligibility must be on file at the center. Written parent/guardian permission is required for participation in the activity.
25.3.2 A staff file is not required for individuals described in subsection 25.3.1.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-26.0** Staffing {#sec-933-26.0 omnilex-key=us-de-regs-official--title-14--933-26.0}
26.1 A licensee shall ensure the center has a qualified early childhood administrator who functions in that role.
26.2 A licensee shall ensure the center has a qualified early childhood curriculum coordinator who functions in that role.
26.3 An early childhood administrator shall also be able to serve as the early childhood curriculum coordinator if the early childhood administrator has at least an associate degree and:
26.3.1 The center has a capacity of 60 or fewer children; or
26.3.2 The licensee has a written plan approved by OCCL that the center's human resources/personnel and fiscal duties are not the responsibility of the early childhood administrator. The written plan must identify the person/entity performing these duties and the qualifying factors regarding the person/entity. A change involving the person/entity performing these duties requires a new plan approved by OCCL.
26.4 A licensee shall ensure an early childhood administrator or early childhood curriculum coordinator is at the center at least 60% of the hours of operation and functioning in that role. The early childhood administrator shall be present at least 20 hours a week during the hours of operation.
26.4.1 When the early childhood administrator or early childhood curriculum coordinator is not present, a licensee shall ensure a staff member who is qualified as at least an early childhood teacher is present and designated as responsible for the center. This staff member must receive documented training in the emergency procedures, opening/closing procedures, the location of and access to child and staff files, and supervision of children and staff.
26.4.2 If an early childhood administrator is also serving as a curriculum coordinator for two centers, each with capacities of 60 or fewer children, this person must be at each center at least 50% of the hours of operation.
26.5 A licensee shall follow a one-to-four ratio of early childhood teachers to early childhood assistant teachers, early childhood caregivers, early childhood interns, and early childhood aides as shown in the table below during hours of operation:
26.6 A licensee shall ensure a staff member with a valid administration of medication certificate is available at all times as described in subsection 63.1.
26.7 Staff members providing care for children may not be given other duties or participate in personal activities, such as using a cell phone that would interfere with providing care to children. A licensee shall ensure providing care is the primary focus for all direct-care staff members during the hours of operation and that supervision of each child is provided at all times.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-27.0** Ratios, Group Size, and Supervision {#sec-933-27.0 omnilex-key=us-de-regs-official--title-14--933-27.0}
27.1 A licensee shall ensure supervision and direct observation of children is provided at all times. This supervision occurs through the assignment of qualified staff members who are physically present and working with children. The licensee shall maintain the minimum staff/child ratio, except as stated in subsection 27.5, and maximum group size for each age group as listed in the table below:
27.2 A licensee shall maintain the staff/child ratio for infants at all times. A staff member shall be assigned to care for specific infants and toddlers within his or her group.
27.3 For mixed age groups, the staff/child ratio and group size requirements are for the age of the youngest child present.
27.4 Maximum group size does not have to be maintained when 12 or fewer children are present in the center.
27.5 During nap times when children one year and older are sleeping, a licensee shall ensure at least half of the required staff members are present and directly observing the children.
27.5.1 A staff member may not sit between multiple classrooms or areas and monitor groups of napping children.
27.5.2 Maximum group size must be maintained.
27.6 A licensee shall ensure a staff member who is qualified as at least an early childhood teacher is present at all times during the hours of operation. A licensee shall have at least two staff present when seven or more children one year and older are present. The licensee shall have and follow emergency procedures providing immediate access to emergency services and an additional staff when only one staff member is present with children.
27.7 A licensee shall ensure infants and toddlers are cared for in rooms and outdoor play areas separate from older children except in the following situations:
27.7.1 When 12 or fewer children in total are present;
27.7.2 During the first 90 minutes and last 90 minutes of the hours of operation;
27.7.3 When toddlers turn three years old and remain with their classes until new classrooms are assigned; or
27.7.4 During special events or occasions.
27.8 A licensee shall ensure when 10 or more school-age children are present, the school-age children are cared for in an area physically separated from younger children.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-28.0** General Qualifications {#sec-933-28.0 omnilex-key=us-de-regs-official--title-14--933-28.0}
28.1 A licensee shall ensure each staff member has an understanding of and respect for children and their needs. This includes an understanding of and respect for a child's family and culture.
28.2 A licensee shall ensure using alcohol or a drug that could adversely affect job functions, or having illegal drugs, substances, or a non-prescribed controlled substance is prohibited in the workplace.
28.3 A licensee shall ensure a staff member schedules a fingerprinting appointment with Delaware State Police and is fingerprinted for a Delaware SBI and FBI check before the start of employment.
28.3.1 Staff members shall provide the fingerprint verification form to the licensee before working with children.
28.3.2 In addition to the Delaware fingerprinting, staff members who currently reside outside of Delaware must contact their state of residence and complete a fingerprinted state criminal history search and a name- based child abuse and neglect search.
28.3.3 Staff members who have resided outside of Delaware in the last five years shall contact each state of residence, and request a criminal history search and a name-based child abuse and neglect search.
28.3.4 After the out-of-state searches are completed, the early childhood or school-age administrator shall submit the results immediately to the Criminal History Unit (CHU).
28.3.5 While waiting for the results of the background check, a staff member must be supervised at all times by a person who has completed the background check process and been determined eligible.
28.3.6 A staff member may not be alone with children until CHU reviews the comprehensive background check and determines eligibility.
28.3.7 A licensee shall ensure results of all record checks are placed in the staff member's file.
28.4 A licensee shall complete an adult abuse registry check through the Department of Health and Social Services' website (currently listed as http:dhss.delaware.gov/dhss/dltcrp/Default.aspx) for staff members before their start date. A licensee shall ensure the results are printed and placed in the staff member's file.
28.5 A licensee may not own or be employed at a center if the licensee is prohibited from working in child care in Delaware, based on both State law and the federal Child Care Development Block Grant Act. Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care.
28.5.1 A licensee shall comply with the DELACARE Regulations - Background Checks For Child-Serving Entities.
28.5.2 A licensee may not employ or retain a person who is prohibited from working in child care in Delaware based on both the State law and the federal Child Care Development Block Grant Act. If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.
28.5.3 The licensee may not employ or retain in any capacity a person convicted of an offense defined as child sexual abuse in 11 Del.C. §8550; or who is on the Child Protection Registry at a Level III or Level IV.
28.5.4 When known, the licensee may not employ or retain in any capacity a person whose child or children are currently removed from this person's custody because of abuse or neglect.
28.5.5 After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations - Background Checks for Child Serving Entities, is entitled to an administrative review for reconsideration.
28.5.5.1 If the person requests an administrative review, the licensee and the person shall be bound by the final eligibility decision of the administrative review.
28.5.5.2 If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.
28.5.5.3 If a person is determined prohibited, the person may not work in child care.
28.6 A licensee shall require staff members to be truthful when providing information to parents/guardians and OCCL.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-29.0** Adult Health Requirements {#sec-933-29.0 omnilex-key=us-de-regs-official--title-14--933-29.0}
A licensee shall ensure a staff member with a known contagious communicable disease does not provide personal care to or have direct contact with children. A licensee shall inform DPH of a reportable communicable disease. Information regarding the communicable diseases that require reporting may be located on DPH's website (currently listed as http://dhss.delaware.gov/dph/dpc/rptdisease.html). Attendance of staff shall be under DPH's direction.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-30.0** Personnel Files {#sec-933-30.0 omnilex-key=us-de-regs-official--title-14--933-30.0}
30.1 A licensee shall have an on-site confidential paper or accessible electronic file for each staff member and substitute. This file must be available upon request for at least three months after employment ends. Except as noted, all file contents are required at the start of employment and must include the following:
30.1.1 Personal data sheet, completed application, or résumé containing the person's name, date of birth, home address, and phone number;
30.1.2 Date of employment and termination date (as applicable);
30.1.3 Two references from adults who are not related to the person who can verify the person is of good character and can meet the needs of children. These references can be letters or written notes gathered by calling the reference. Phone references require the reference's name, phone number, date called, information about the staff member's character and if the reference has knowledge about how the person works with children, and the name of the person receiving the reference;
30.1.4 Release of employment history form and received Service Letters or documentation showing two requests and follow-up for Service Letters has been made. If the person has not worked or if unable to get at least one completed Service Letter, two additional reference letters or phone references are required;
30.1.5 Statement signed by the staff member stating whether the staff member has previous convictions, current indictments, or involvement in criminal activity involving violence against a person, child abuse or neglect; possession, sale or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; or a substantiated case of child abuse or neglect;
30.1.6 Documentation acknowledging that using alcohol or a drug that could adversely affect job functions, or having illegal drugs, substances, or non-prescribed controlled substances, is prohibited in the center;
30.1.7 Orientation form that includes documentation of training in topics as listed in Section 32.0;
30.1.8 Copy of job description;
30.1.9 Verification of fingerprinting form completed before the adult staff member's start date or within five days of a staff member turning 18;
30.1.10 Comprehensive background check eligibility letter;
30.1.11 Adult abuse registry check;
30.1.12 Health appraisal on file within the first month of employment, conducted within one year before the start date. This appraisal must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required. Written evidence of follow-up of any known health condition of the staff member that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children;
30.1.13 TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff on file within the first month of employment, conducted within one year before the start date;
30.1.14 Written proof of an annual review of safe sleep procedures (for programs serving infants);
30.1.15 Written proof of an initial and annual review of child abuse and neglect recognition and reporting procedures;
30.1.16 Professional development plan within three months of hire, if applicable;
30.1.17 Qualifications certificate, if applicable;
30.1.18 Current first aid and CPR certifications within two months of hire, if applicable;
30.1.19 Administration of medication certificate and record of annual training hours, if applicable; and
30.1.20 If transporting children, a copy of a current driver's license.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-31.0** Owner's File {#sec-933-31.0 omnilex-key=us-de-regs-official--title-14--933-31.0}
31.1 The center's owner shall be considered a staff member and actively involved if present at the center during hours of operation for seven or more hours per week and providing direct child care. A licensee shall ensure the file of such an owner is on-site, available for review, and only required to include the following:
31.1.1 Job description;
31.1.2 A professional development plan;
31.1.3 Record of annual training hours;
31.1.4 Current first aid and CPR certifications;
31.1.5 Qualifications certificate, if applicable;
31.1.6 Written proof of an annual review of safe sleep procedures (for programs serving infants);
31.1.7 Written proof of an initial and annual review of child abuse and neglect recognition and reporting procedures; and
31.1.8 If transporting children, a copy of a valid driver's license.
31.2 Owners of a center who do not meet the requirements of subsection 31.1 are not required to have a personnel file on-site.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-32.0** Orientation {#sec-933-32.0 omnilex-key=us-de-regs-official--title-14--933-32.0}
32.1 A licensee shall document that all staff members, all substitutes, and volunteers working more than five days or 40 hours a year receive training in the following topics before working with children:
32.1.1 DELACARE Regulations (related to job duties);
32.1.2 Emergency preparedness, disaster and evacuation plans and procedures;
32.1.3 Personnel and administrative policies;
32.1.4 Release of children including procedures for situations listed in subsection 23.1.9.1;
32.1.5 Positive behavior management;
32.1.6 Safe sleep procedures including prevention of sudden infant death syndrome if the center serves infants;
32.1.7 Shaken baby syndrome and abusive head trauma if the center serves infants;
32.1.8 Routine and emergency health care including health exclusions, prevention, and recognition of the symptoms of childhood illnesses, including reportable communicable diseases;
32.1.9 Prevention and response to emergencies due to food allergies;
32.1.10 Building and physical premises safety;
32.1.11 Handling and storage of hazardous materials; proper disposal of bio-contaminants;
32.1.12 Child accident and injury procedures;
32.1.13 Administration of medication, within two months of hire;
32.1.14 Child care goals and program for children;
32.1.15 Recordkeeping, including documenting children and their own attendance;
32.1.16 Family involvement;
32.1.17 Food and nutrition services, including proper handling, storage, preparation, and feeding of breast milk and formula, if applicable;
32.1.18 Safety and sanitation procedures;
32.1.19 Physical activity;
32.1.20 Screen time as described in subsection 76.4;
32.1.21 Photographing or videotaping children;
32.1.22 Transporting children, if applicable;
32.1.23 Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law and reporting requirements, and the center's procedures to report abuse and neglect; and
32.1.24 Information on federal and State laws or regulations applicable to children and families in care, including non-discrimination.
32.2 The orientation must include the opportunity for staff members to ask questions and receive clarification on their job functions, licensing regulations, and center policies. When information is revised, a licensee shall ensure staff members are informed of the changes.
32.3 Orientation counts as three-clock-hours toward annual training unless quality-assured training certificates listing a higher number of specific clock hours are provided.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-33.0** Annual Training {#sec-933-33.0 omnilex-key=us-de-regs-official--title-14--933-33.0}
33.1 A licensee shall ensure and provide documentation that the early childhood and school-age administrator and all staff members providing direct care to children, including owners and volunteers who count toward staff/child ratios, participate in annual training related to the person's position.
33.1.1 Training in administration of medication counts toward annual training.
33.1.2 Training in CPR and first aid counts toward annual training for initial certification, and when required to be renewed.
33.2 Staff members, including early childhood or school-age administrators working 25 or more hours per week, shall complete 18-clock-hours of training annually including at least two hours of health or safety training.
33.3 Staff members, including early childhood or school-age administrators working less than 25 hours per week, shall complete nine-clock-hours of training annually including at least one hour of health or safety training.
33.4 Staff members not providing direct child care, such as those assigned only to clerical, bus driver/operator, janitorial, or food service duties, are exempt from annual training.
33.5 A licensee shall ensure training is associated with improving quality in early care and education and school-age care. Acceptable topics include child development; developmental curriculum planning/environment and curriculum; observation and assessment; positive behavior management/social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration.
33.6 A licensee shall ensure training taken covers a minimum of three topics unless:
33.6.1 The staff member's professional development plan shows specific training is needed;
33.6.2 The staff member has completed a regionally accredited college or university course;
33.6.3 The staff member is working toward a credential issued by the department; or
33.6.4 The training is six or more clock hours in length.
33.7 A licensee shall ensure new staff members who have been employed at the center for at least six months, but less than one year, complete at least half of the required training hours for their position since starting employment.
33.8 A licensee shall ensure staff members complete annual training during the period beginning at the start date and ending at the expiration date of the center's license.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-34.0** Annual Professional Development Plan {#sec-933-34.0 omnilex-key=us-de-regs-official--title-14--933-34.0}
34.1 A licensee shall ensure that a written professional development plan is completed for the early childhood or school-age administrator and each staff member providing direct care to children within three months of hire and updated annually.
34.1.1 This plan must be kept in the staff member's file and include professional development goals for the upcoming year.
34.1.2 This plan must be signed by the person required to have training.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-35.0** First Aid and CPR Training {#sec-933-35.0 omnilex-key=us-de-regs-official--title-14--933-35.0}
35.1 Unless a staff member is currently certified, a licensee shall ensure all staff members, except for early childhood aides and school-age aides, complete certifications in first aid and in cardiopulmonary resuscitation (CPR) within two months of hire.
35.1.1 The certifications must be appropriate to the ages of the children in care.
35.1.2 CPR classes must include a “hands-on” skill demonstration.
35.1.3 Once staff members become qualified as an early childhood or school-age intern, they must complete CPR and first aid certifications within two months.
35.1.4 Certifications must be kept current.
35.2 At least one staff member certified in first aid and CPR, applicable to the ages of the children, must be present when children are present, including the beginning and end of the day and during off-site activities.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-36.0** Staff Attendance {#sec-933-36.0 omnilex-key=us-de-regs-official--title-14--933-36.0}
A licensee shall keep a daily written or electronic record of each staff member's exact hours worked in each classroom or area, and be documented at the time of the arrival and departure of the staff member. A licensee shall keep these records for at least three months.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-37.0** Staff Communication {#sec-933-37.0 omnilex-key=us-de-regs-official--title-14--933-37.0}
A licensee shall have and follow an organized system of documented communication among staff. This system must ensure when another staff member assumes responsibility for a child or children, the staff member is informed of significant information, problems, needs, or special circumstances involving a child or children.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-38.0** Parent's Right To Know {#sec-933-38.0 omnilex-key=us-de-regs-official--title-14--933-38.0}
38.1 A licensee shall provide a parent/guardian with information about the person's right to review the center's licensing record as stated in 31 Del.C. §398.
38.1.1 As a part of the enrollment inquiry process, a licensee shall require the parent/guardian to read and sign The Parents Right to Know Act form and keep the signed form on file.
38.1.2 A copy of the form must be given to the parent/guardian.
38.1.3 A licensee shall keep a log that documents the printed names of the child and parents/guardians and the date the Parents Right to Know Form was provided. This information shall be included for children who do not become enrolled, are currently enrolled, and are no longer enrolled.
38.1.3.1 This log shall be signed by the parent/guardian.
38.1.3.2 This log shall be provided to OCCL at each annual compliance review.
38.1.3.3 Once a log is provided to OCCL, a licensee is not required to keep that log on file at the center.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-39.0** Enrollment {#sec-933-39.0 omnilex-key=us-de-regs-official--title-14--933-39.0}
39.1 A licensee shall ensure the number of children at the center does not exceed the licensed capacity.
39.2 A child may only attend the center when the information listed in Section 40.0 is obtained from the parent/guardian and placed in the child's on-site confidential file.
39.3 A licensee shall ensure that enrollment procedures involve a meeting with the parent/guardian and the child, when possible, to:
39.3.1 Determine if the center's program can meet the child's developmental and educational needs and to determine the accommodations or other planning needed to do so; and
39.3.2 Provide an opportunity for the parent/guardian and child to observe the center and program.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-40.0** Child Files {#sec-933-40.0 omnilex-key=us-de-regs-official--title-14--933-40.0}
40.1 A licensee shall have an on-site confidential paper or accessible electronic file for each child. A licensee shall have a procedure to ensure that each child's information is kept current and available to staff members responsible for a particular child on a need-to-know basis. This file must be available upon request for at least three months after disenrollment. Except as noted, all file contents are required at enrollment and must include the following:
40.1.1 Child's first and last name, date of birth, address, and parents/guardians' home and cell phone numbers, if applicable;
40.1.2 Parents/guardians' names, places and hours of employment, and work phone numbers, if applicable;
40.1.3 Names and emergency phone numbers for at least two people approved to pick up the child (may include child’s parent or guardian);
40.1.4 Name and phone number of the child's health care provider;
40.1.5 Health appraisal and immunization record (or notarized religious or medical exemption from immunization) on file at the center within 30 days of enrollment;
40.1.6 First and last names of all people approved to pick the child up;
40.1.7 If applicable, copies of court orders on custody and visitation arrangements provided by the parent/guardian;
40.1.8 Date child began care, hours/days child is to attend, and date child left care, if applicable;
40.1.9 If applicable, a statement of the child's medical, developmental, or educational special needs including, but not limited to: copies of an IEP, IFSP, and Section 504 plan and information on allergies, current illnesses or injuries, previous serious illnesses or injuries, and needed medications;
40.1.10 Written approvals from parent/guardian for: emergency medical treatment, release of child, and if applicable, special dietary needs, swimming, administration of medication, use of electronics, sleeping on a mat as described in subsection 56.3.2, and transporting the child;
40.1.11 If applicable, administration of medication records and accident and injury reports; and
40.1.12 The Parents Right to Know Form signed by the child's parent/guardian.
40.2 A licensee may not give out or allow the use of a child/family's information without written permission from the parent/guardian to do so, unless required by employees of OCCL, the division, or other agencies with responsibility for issues relating to the health, safety, and well-being of children.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-41.0** Child Health Appraisal {#sec-933-41.0 omnilex-key=us-de-regs-official--title-14--933-41.0}
41.1 A licensee shall ensure that within one month of starting care, each child's file has a health appraisal that includes an immunization record. A health care provider shall have conducted this health appraisal within the last 12 months. A licensee does not need a child's health appraisal if other federal or State laws, such as specified in the McKinney-Vento Homeless Assistance Act, require the center to admit a child without one. Health appraisals and immunization records must be updated every 13 months. A licensee shall keep the most recent health appraisal on file and it must include:
41.1.1 A health history;
41.1.2 Physical examination;
41.1.3 Growth and development;
41.1.4 Age-appropriate immunizations as described in Appendix IV;
41.1.5 Proof of blood lead test for children ages 12 months and older;
41.1.6 Medical information for treatment in case of emergency; and
41.1.7 Recommendations regarding required medication, allergies, restrictions or modifications of the child's activities, diet, or care, if applicable.
41.2 A licensee is not required to update health appraisals for children in grades kindergarten or higher after receiving one completed after the child began kindergarten or a higher grade.
41.3 A licensee shall ensure a child whose parent/guardian objects to immunizations on a religious basis or whose health care provider certifies that the immunization may be harmful to the child's health will be exempt from the immunization requirement.
41.3.1 A notarized statement or documentation from a health care provider is required for this exemption.
41.3.2 A licensee shall place this documentation in the child's file.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-42.0** Documenting Children's Progress {#sec-933-42.0 omnilex-key=us-de-regs-official--title-14--933-42.0}
42.1 A licensee shall follow an organized system for documenting the annual progress of each child preschool-age and younger in relation to appropriate developmental and educational goals.
42.1.1 The information gathered to document a child's progress must be kept in the child's file and shared with the parent/guardian at an annual conference.
42.1.2 With the parent/guardian's permission, information may also be shared with other professionals when referring the child for special services.
42.2 A licensee shall ensure that individual plans are developed for each infant and toddler in care within 45 days of the first day of attendance and are approved by the early childhood administrator or early childhood curriculum coordinator.
42.2.1 A licensee shall ensure the plan includes both age and developmentally appropriate goals and describe specific activities and experiences to be provided by staff members in support of these goals.
42.2.2 Staff members must record these and note developmental milestones, accomplishments, and concerns.
42.2.3 Plans must be reviewed and updated at least three times a year.
42.2.4 This information must be shared with the child's parent/guardian.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-43.0** Children's Attendance {#sec-933-43.0 omnilex-key=us-de-regs-official--title-14--933-43.0}
43.1 A licensee shall have and use a system for documenting children's attendance that includes the exact arrival and departure times in the child's classroom, and be entered at the time of the arrival and departure of the child.
43.1.1 This system must verify the location of individual children when a child does not remain with his or her assigned class.
43.1.2 A licensee shall keep these records for at least three months.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-44.0** Observation {#sec-933-44.0 omnilex-key=us-de-regs-official--title-14--933-44.0}
44.1 A licensee shall ensure each child is observed on arrival by a staff member trained in recognizing common signs of communicable disease, physical injury, other evidence of ill health as listed in Section 62.0, and signs of child abuse or neglect.
44.1.1 Specific concerns and observations as well as the steps taken to assist the child must be documented and kept in the child's file.
44.1.2 A person who suspects child abuse or neglect shall make an immediate report to the Child Abuse Report Line.
44.2 At the request of a parent/guardian, a licensee shall permit qualified professionals to complete an observation or assessment of the child while at the center.
PART IV PHYSICAL ENVIRONMENT AND SAFETY
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-45.0** Hazardous Materials {#sec-933-45.0 omnilex-key=us-de-regs-official--title-14--933-45.0}
45.1 A licensee shall ensure the center is free of unacceptable exposure to hazardous materials.
45.2 An applicant and licensee shall ensure the center is free of lead-based paint hazards. Buildings constructed in or after 1978 are exempt from lead-paint risk assessments and testing.
45.2.1 If the buildings were constructed before 1978, an applicant or licensee shall provide to OCCL a lead-paint risk assessment performed by an environmental testing firm certified by DPH showing the center to be free of lead-based paint hazards.
45.2.1.1 Before license renewal, unless previously submitted to OCCL, a licensee shall submit this risk assessment.
45.2.1.2 If lead paint is identified but intact (i.e. not chipping, flaking, or peeling), the licensee shall monitor the identified areas at least every six months and document that the lead-based paint is intact (in good repair and not deteriorated). Lead-based paint is not regarded as a hazard if it is intact, not present in an accessible surface, a friction surface, or an impact surface that could result in an adverse human health effect.
45.2.2 If lead-paint hazards are identified in the risk assessment, the applicant or licensee shall remedy the hazards by hiring a lead-safe contractor (lead abatement or renovation firm) certified by DPH to make the repairs.
45.2.2.1 Once the repairs are made, a lead-dust clearance inspection must be performed by an environmental testing firm certified by DPH to confirm the center is free of lead-based paint hazards.
45.2.2.2 The applicant or licensee shall provide the lead-dust clearance testing results to OCCL within five business days to confirm the center is free of lead-based paint hazards.
45.2.2.3 Children may not be present during repairs and the center must stay closed until the results of the lead dust clearance test are at appropriate levels, and the lead-safe contractor states it is safe for the center to be open.
45.2.3 If any lead-based paint identified in a risk assessment becomes deteriorated or if lead-based paint is located in an area to be remodeled, a licensee shall retain a contractor certified by DPH to work using lead-safe work practices (lead abatement/lead renovator) to perform any renovation/repair in a pre-1978 child-occupied facility.
45.2.3.1 Records of any renovation or repair work must be forwarded to OCCL within five business days.
45.2.3.2 Children may not be present during repairs or renovation until a lead dust clearance test is obtained and the lead-safe contractor states it is safe for the center to be open.
45.3 A licensee shall ensure radon testing is performed in each room used for child care once every five years between the months of October and March and within six months after any remodeling, renovations, or construction.
45.3.1 This testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.
45.3.2 If testing indicates a radon level over 4.0 pCi/l, a licensee shall ensure acceptable radon mitigation occurs or a long-term radon test (90-120 days) indicates a level less than 4.0 pCi/l.
45.3.3 A licensee shall ensure copies of radon testing results are sent to OCCL within five business days of receiving the results.
45.4 A licensee shall ensure containers of poisonous, toxic, or hazardous materials are:
45.4.1 Labeled with the contents;
45.4.2 Used only in the manner and under the conditions that will not contaminate food or constitute a hazard to children or to staff; and
45.4.3 Stored in a locked storage space accessible only to staff.
45.5 Materials required for routine cleaning and maintenance must be stored out of children's reach and used in a safe manner.
45.6 The storage of flammable liquids and gases is not be permitted except as allowed by the Office of the Fire Marshal.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-46.0** Air Quality and Windows {#sec-933-46.0 omnilex-key=us-de-regs-official--title-14--933-46.0}
46.1 A licensee shall ensure a center is ventilated to ensure the air quality provides a healthy environment for children and adults. Painting and remodeling projects may not affect the air quality during hours of operation.
46.2 A licensee shall ensure screening, on windows, doors, or openings to the outside used for ventilation, is in good repair.
46.3 If a ventilation system is not provided, a center must have window area equal, at a minimum, to 4.5% of the floor area of the center. Half of this window area must be operable.
46.4 A center located in a building that previously contained or currently contains a dry cleaner, nail salon, or any other use that may result in an unacceptable indoor air quality, will not be licensed or have a license renewed, unless the applicant/licensee obtains indoor air sampling as required per 7 DE Admin. Code 1375 that shows there is no impact to the center.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-47.0** Smoking and Vaping {#sec-933-47.0 omnilex-key=us-de-regs-official--title-14--933-47.0}
A licensee shall inform staff members and others at the facility that smoking and vaping are prohibited inside the center, in the outdoor play area, while transporting children, in the presence of children, and during field trips or routine program outings.
**History**
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-48.0** Heating and Cooling {#sec-933-48.0 omnilex-key=us-de-regs-official--title-14--933-48.0}
48.1 A licensee shall ensure heating and cooling equipment, hot water pipes, or radiators are safely shielded or insulated to prevent the injury of children.
48.2 Heating, cooling, and plumbing equipment must be properly installed, cleaned, and maintained to operate safely.
48.3 Floor or window fans and cords must be inaccessible to children and have a safety certification mark from a nationally recognized testing laboratory such as Underwriters Laboratories or Electro-Technical Laboratory.
48.4 Portable space heaters are prohibited.
48.5 A licensee shall ensure that temperatures in rooms used by children are kept at a minimum temperature of 68° F and a maximum of 82° F measured three feet above floor level unless there is conflict with federal and State energy laws.
48.5.1 For centers licensed after January 1, 2007, a licensee shall use air conditioning during hot weather to keep rooms used by children within the required temperature range.
48.5.2 Except as stated below, a licensee shall be required to inform OCCL and close temporarily if the minimum or maximum room temperature cannot be maintained.
48.5.3 OCCL allows an exception if a room temperature drops within the range of 60° F- 67° F or rises within the range of 83° F- 90° F, and a licensee can return the proper temperature within the next 4 hours.
48.5.3.1 If the room temperature cannot be restored within four hours or the temperature is below 60°F or above 90°F, the center must close unless children are moved to another approved area of the center that has the proper temperature.
48.5.3.2 When the center closes because the proper temperature cannot be maintained, the center must remain closed until the heating or cooling problem is resolved and the correct temperature is maintained.
48.5.4.3 A licensee shall ensure OCCL is informed when closing is necessary.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-49.0** Indoor Space {#sec-933-49.0 omnilex-key=us-de-regs-official--title-14--933-49.0}
49.1 A licensee shall show evidence of security procedures that ensures access to children is limited to authorized people.
49.2 A licensee shall ensure the center is constructed, used, furnished, maintained, and equipped in compliance with all applicable requirements established by federal, State, local and municipal regulatory bodies. A licensee shall have written certification of compliance from the appropriate regulatory bodies governing zoning, building construction, safety, sanitation, and fire safety including Department of Natural Resources and Environmental Control for air quality and radon testing and Department of Health and Social Services Office of Drinking Water for well water.
49.3 A licensee shall keep all areas of the center in a clean and safe condition. Floors, walls, counter surfaces, toilets, and surfaces or finishes must be cleanable and in good repair.
49.4 A licensee shall ensure a center has enough lighting to allow for the supervision of children in areas where children's activities occur.
49.5 A licensee shall ensure interior space designated for children's use is available to children when the center is in operation.
49.5.1 This space must be arranged to allow each child adequate space for free movement and active play.
49.5.2 A center must have at least 35 square feet of usable floor space for each child in each area or room used by children.
49.5.2.1 Measurements are from wall to wall excluding areas that are not used by children.
49.5.2.2 Toilet rooms, kitchen areas, isolation areas for ill children, offices, storage spaces, hallways, furnace rooms, gymnasiums, and other areas not used as classroom space will not be counted in determining a center's capacity.
49.6 A licensee shall provide children with individual storage space so personal belongings, clothing, or bedding does not touch another child's belongings. This storage space must be labeled with the child's name.
49.7 A licensee shall ensure all unused electrical outlets accessible to children including unused power strips are covered. Child-resistant ground-fault circuit-interrupter "GFCI" type is exempt from being covered.
49.8 A licensee shall ensure every exit, exit access, and exit discharge is free of obstruction at all times. All closets must be provided with doors that can be readily opened from both sides.
49.9 A licensee shall ensure glass doors and windows within 36 inches of the floor have a vision strip or decal at children's eye level.
49.10 A licensee shall keep the center rodent-free and free of insect infestation. If pesticides are used, a licensee shall ensure they are used according to the instructions listed on the label.
49.11 A licensee shall ensure the following:
49.11.1 The water temperature does not exceed 120° F from faucets and other sources accessible to children;
49.11.2 All sinks supply hot and cold water under pressure at all times; and
49.11.3 All plumbing complies with State and local plumbing codes.
49.11.4 Portable sinks are prohibited.
49.12 A licensee shall ensure garbage and trash are stored securely in non-combustible, covered containers.
49.12.1 Recyclable paper may be in uncovered containers.
49.12.2 Indoor containers must be emptied at least daily to an outdoor receptacle and kept clean.
49.12.3 Outdoor trash/garbage containers must be inaccessible to children, emptied at least weekly, and, with the exception of dumpsters, cleaned as needed.
49.13 A licensee shall ensure firearms or ammunition are not within the center's premises. This regulation does not apply to law enforcement officers in the performance of their official duties.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-50.0** Kitchen and Food Preparation {#sec-933-50.0 omnilex-key=us-de-regs-official--title-14--933-50.0}
50.1 At OCCL's request, a licensee shall contact DPH to determine whether the center requires a Food Establishment permit.
50.2 A licensee shall not change the center's approved type of food operation without notifying OCCL and receiving approval.
50.3 A licensee shall ensure a kitchen or food preparation area is provided with the necessary operable equipment to prepare, store, serve, and clean-up all meals and snacks for children and staff. Dishes and utensils must be air-dried.
50.3.1 A center that does not prepare food on-site is exempt from subsections 50.3 through 50.6.
50.3.1.1 There may be no food preparation in the facility, except for heating up foods brought from children's homes in the microwave.
50.3.1.2 When food preparation is not permitted, a licensee shall ensure utensils and dishware are single-service and discarded after each use.
50.4 The kitchen requirements for centers that prepare and serve meals and snacks are:
50.4.1 Refrigerator;
50.4.2 Three-compartment sink; or
50.4.3 Two-compartment sink and sanitizing basin; or
50.4.4 Two-compartment sink and dishwasher; and
50.4.5 Separate hand-washing sink;
50.4.6 Range or cooktop;
50.4.7 Oven or microwave; and
50.4.8 Food storage areas.
50.5 The kitchen requirements for centers that prepare and serve only snacks are:
50.5.1 Refrigerator;
50.5.2 Three-compartment sink; or
50.5.3 Two-compartment sink and sanitizing basin; or
50.5.4 Two-compartment sink and dishwasher; and
50.5.5 Separate hand-washing sink
50.6 A licensee shall ensure a kitchen or food preparation area has floors, walls, and counter surfaces that are easily cleanable and non-porous.
50.7 A licensee shall ensure a center has a refrigerator to keep perishable food, including lunches prepared at home, cold at 40° F or colder, and food stored in a freezer frozen at 0° F or colder.
50.7.1 A working thermometer must be in refrigerators and freezers.
50.7.2 Unused freezer compartments in mini-refrigerators do not need a thermometer.
50.8 A licensee shall ensure food provided and prepared by the center complies with the center's written policy on nutritional quality.
50.9 A licensee shall ensure the food is clean, wholesome, free from spoilage and contamination, and safe to eat.
50.9.1 Prepared food items must be correctly labeled with the contents and date of preparation.
50.9.2 Prepared food that is served to a child and not eaten must be thrown away and not given to another child.
50.10 Food storage areas and appliances must be cleanable and free of food particles, dust, and dirt.
50.10.1 All food items must be stored off the floor.
50.10.2 Food must be stored separately from cleaning materials.
50.10.3 Food must be stored in closed or sealed containers that are labeled with the contents and expiration date.
50.11 A licensee shall ensure the kitchen or food preparation area is constructed and supervised to prevent children's access unless a staff member is conducting an educational activity within this area.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-51.0** Toilet Facilities {#sec-933-51.0 omnilex-key=us-de-regs-official--title-14--933-51.0}
51.1 A licensee shall ensure a center has enclosed toilet rooms on each floor where child care has been approved. Each toilet room must have at least one sink with warm running water and one operable window or ventilation fan. All door locks, if present, must be designed to permit staff members to open the locked door readily.
51.2 A licensee shall ensure a center serving toddlers, preschool, and school-age children has at least the number of toilets and sinks in the following ratios:
51.2.1 Children ages 24 months through preschool must have at least one toilet for every ten children.
51.2.2 School-age children must have at least one toilet for every 25 children.
51.2.3 Urinals may be counted as half of a toilet if placed at a height as to be accessible to the age and size of the population served, provided the population served includes a significant number of males, and that a minimum of two flush toilets are available and accessible to both males and females.
51.2.4 Staff members will be counted in the school-age ratio when determining the number of toilets if the center does not provide separate toilet facilities for staff.
51.3 A licensee shall ensure a center serving only children less than 24 months old has at least one toilet and sink when fewer than 20 children are served and at least two toilets and sinks when more than 20 children are served.
51.4 For a center licensed before January 1, 2007, the existing number of toilets and sinks is acceptable. If the capacity of this center increases, the licensee shall ensure the toilets and sinks comply with these regulations.
51.5 A licensee shall ensure potty chairs are not substituted for toilets. If using potty chairs for toilet training, a licensee shall ensure they are placed in the toilet room. Potty chairs must be made of a non-porous material. They must be cleaned with soap and water and sanitized after each use.
51.6 A licensee shall ensure liquid soap, toilet paper, and paper towels or a mechanical hand dryer are available at all times in the toilet rooms.
51.7 A licensee shall ensure toilet rooms are kept in a sanitary condition and cleaned daily or more frequently if needed. All surfaces in a toilet room must be smooth, cleanable, and non-absorbent.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-52.0** Area for Children Who Become Ill {#sec-933-52.0 omnilex-key=us-de-regs-official--title-14--933-52.0}
52.1 A licensee shall ensure a center has a separate area, not located in the kitchen or toilet area, where children who are showing signs of ill health as stated in Section 62.0, are cared for until they can be removed from the center or are determined to pose no risk to themselves or others.
52.2 The separate area must have rest equipment and clean bedding.
52.3 A licensee shall ensure the child's individual needs for rest, comfort, food, drink, and activity are met until the child can be picked up by a parent/guardian or it is determined by a health care provider/consultant that the illness or symptoms pose no serious health risk to the child or to other children.
52.4 A licensee shall ensure all items used by an ill child, including rest equipment, bedding, utensils, and toys are cleaned with soap and water and then disinfected before being used by another child.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-53.0** Outdoor Area {#sec-933-53.0 omnilex-key=us-de-regs-official--title-14--933-53.0}
53.1 A licensee shall ensure the following:
53.1.1 Structures, fences, equipment, and the grounds are maintained in a clean and safe condition;
53.1.2 Outdoor areas that are used while it is dark have appropriate lighting;
53.1.3 Grounds drain naturally or through installed drainage systems so there is no standing water on the premises. Standing water after a storm must drain within 48 hours; and
53.1.4 All areas determined to be unsafe including steep grades, cliffs, open pits, swimming pools, high voltage boosters, propane gas tanks, streets or roads, driveways, railroad tracks, or parking lots are fenced off or have natural barriers to protect children.
53.2 A licensee shall ensure that raised areas on the premises, other than stairways, over two feet, such as porches, elevated walkways, and elevated play areas, have walls or barriers to prevent falls over the open side. The walls or barriers must be at least 36 inches tall.
53.3 A licensee shall ensure stairways, over four steps indoors and outdoors, have handrails at a maximum height of 38 inches that are safe for children and adults.
53.4 A licensee shall ensure children have access to an outdoor play area with at least 75 square feet for each child for the maximum number of children who will use the playground at one time.
53.4.1 A licensee shall ensure this play area has space suitable for moderate to vigorous physical activities, including running.
53.4.2 A licensee shall ensure this play area is large enough to accommodate at least 1/4 of the center's licensed capacity at one time.
53.4.3 Maximum group size is not required in the outdoor play area or approved indoor play area as long as the required square footage is maintained for each child.
53.5 A licensee shall ensure the outdoor play area for school-age children is physically separated or used at separate times from the area provided for younger children.
53.6 A licensee shall ensure a center licensed before January 1, 2007, has access to an outdoor play area with at least 50 square feet for each child for the maximum number of children who will use the playground at one time.
53.6.1 A licensee shall ensure this play area is large enough to accommodate at least 1/4 of the center's licensed capacity at one time.
53.6.2 If the capacity of a center licensed before January 1, 2007, increases, the licensee shall ensure the outdoor play area complies with these regulations.
53.7 A licensee shall ensure the outdoor play area is on-site, next to, or within a close safe walking distance of the center.
53.7.1 This play area must have a shaded rest area for children.
53.7.2 Staff members shall inspect outdoor areas before children begin to play to ensure there are no hazards present and play equipment is safe for use.
53.7.3 Outdoor sandboxes or play areas containing sand must be kept in a safe and clean manner including being covered when not in use.
53.7.4 Use of trampolines at the center is prohibited.
53.8 A licensee shall ensure the center's outdoor play areas are fenced. Use of parks or other off-site play areas that are not fenced, but used to comply with the outdoor space regulations, requires OCCL approval.
53.8.1 A licensee shall ensure fencing is sturdy, safe, and reinforced at intervals to give support, constructed to discourage climbing, and allows for viewing the children by staff.
53.8.2 A licensee shall ensure fencing is a minimum of four feet in height with openings no larger than 3½ inches.
53.8.3 A licensee shall ensure fenced areas have at least two exits, with at least one being remote from the building.
53.8.4 A licensee shall ensure gates have self-closing and positive self-latching closure mechanisms. A licensee shall ensure the latch or securing device is high enough or made so small children cannot open it. When opened, a licensee shall ensure the gate moves freely and is not hindered by scraping the ground. A licensee shall ensure fences gates are not locked during the center’s hours of operation.
53.9 For a center licensed before January 1, 2007, the existing fencing shall be acceptable as long as it is safe, free from hazards, and in good repair. When the fencing is replaced, the licensee shall ensure the new fencing fully complies with these regulations.
53.10 A licensee shall ensure the protective surface of the outdoor play area beneath and in the fall zones of climbing equipment, slides, swings, and similar equipment is of approved resilient material, which absorbs falls.
53.10.1 A licensee shall ensure the fall zone depth and materials follow the instructions as listed in the most recent publication of the Consumer Product Safety Commission's (CPSC’s) Handbook for Public Playground Safety regarding critical heights of tested materials located on CPSC’s website.
53.10.2 A licensee shall ensure all materials used for protective surfaces are of a size and material that do not present a safety or choking hazard. Only pea gravel shall be acceptable as cover for the outdoor play area if using a gravel or stone-like surfacing.
53.10.3 A licensee shall ensure protective surfaces of the fall zone extend at least six feet in all directions from the equipment. For swings, a licensee shall ensure the protective surfacing extends, in back and front, twice the height of the suspending bar unless otherwise directed by the CPSC or other recognized authority on playground safety.
53.11 A licensee shall ensure outdoor play equipment is securely anchored unless portable by design.
53.11.1 A licensee shall ensure this play equipment is in good repair and placed with regard for safe use.
53.11.2 A licensee shall ensure this play equipment includes equipment for vigorous play and large muscle activity and meets the diverse needs and abilities of children served.
53.12 When a licensee cannot meet the outdoor space requirement, the licensee shall provide a minimum of 700 square feet of open, accessible indoor play space for large muscle activity.
53.12.1 This indoor play space must be on-site and is in addition to the 35 square feet per child requirement.
53.12.2 The licensee shall have and follow a written plan approved by OCCL, which specifies how large muscle activity will be provided.
53.13 For a center licensed before January 1, 2007, the indoor play space listed in subsection 53.12 may be at a nearby facility that was previously approved by OCCL. If the capacity of the center increases allowing room for an indoor play space, the center must have 700 square feet of open indoor play space.
53.14 A licensee shall ensure a rooftop or elevated play space above the first floor is protected by a non-climbable, secure, and hazard-free barrier that is at least seven feet in height.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-54.0** Pools and Swimming {#sec-933-54.0 omnilex-key=us-de-regs-official--title-14--933-54.0}
54.1 A licensee shall ensure an individual with current water safety instructor training or senior lifesaving training from the American Red Cross or its equivalent is on duty when children are swimming.
54.1.1 Portable wading pools are prohibited.
54.1.2 Permanent or built-in swimming and wading pools that are left filled when not in use must be inaccessible to children.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-55.0** Riding Toys {#sec-933-55.0 omnilex-key=us-de-regs-official--title-14--933-55.0}
55.1 A licensee shall ensure bicycles, tricycles, scooters, and other riding toys are the size appropriate for a child.
55.2 A licensee shall ensure riding toys are in good condition, free of sharp edges or protrusions that may injure a child, and not motorized.
55.3 Children over one year of age shall wear approved safety helmets while riding toys with wheels of 20 or more inches in diameter.
55.3.1 Riding bicycles and using wheeled equipment (roller blades, skateboards, scooters, etc.) require children to wear helmets.
55.3.2 A licensee shall ensure helmets are not shared unless cleaned between users by wiping the lining with a damp cloth.
55.3.3 A licensee shall ensure helmets are removed as soon as children stop riding helmet-required equipment.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-56.0** Sleeping Accommodations and Safe Sleep Environments {#sec-933-56.0 omnilex-key=us-de-regs-official--title-14--933-56.0}
56.1 A licensee shall ensure the program includes times for rest/sleep appropriate to each child's individual physical needs.
56.1.1 A quiet activity must be provided for children who have rested or slept for 30 minutes and do not seem to need or want more rest.
56.1.2 Preschool children are not required to rest/sleep.
56.1.3 Full staff/child ratios must be maintained during quiet play when children do not nap/sleep.
56.2 Rest or sleep equipment must meet the safety standards required by CPSC or other recognized authority approved by OCCL and kept in a safe condition.
56.3 A licensee shall ensure each child, except children who do not sleep at the center, has clean, safe, age-appropriate rest equipment. This may be a crib, playpen, pack-and-play (without ripped mesh), cot, bed, or mat.
56.3.1 Each child under 18 months old who does not walk must sleep in a crib, playpen, or pack-and-play.
56.3.2 Each child between 12 and 18 months old who walks may sleep on a cot, bed, or mat with written permission from the child's parent/guardian.
56.3.3 Preschool-age and school-age children who do not nap at the center do not need sleep equipment.
56.4 A licensee shall ensure a child's rest equipment is labeled with the child's name or assigned chart number and used only by that child while attending the program.
56.4.1 A licensee shall ensure chart numbers and assignments are documented and kept current.
56.4.2 Children must use their assigned equipment while enrolled in the center.
56.4.3 A licensee may assign a crib or pack-and-play to two children who attend on different days if it is cleaned and sanitized each day.
56.5 Mattresses and sleep equipment must be non-absorbent and cleanable.
56.5.1 Cots, mats, and crib mattresses must be cleaned with soap and water and then sanitized weekly and when soiled or wet.
56.5.2 Mats must be stored so there is no contact with the sleep surface of another mat or cleaned and disinfected after each use.
56.5.3 Sleep equipment and bedding must be cleaned and sanitized before being assigned to another child.
56.6 Children over age one must be provided with top and bottom covers.
56.6.1 Sheets and blankets or other bedding must be cleaned at least weekly and when soiled or wet.
56.6.2 Bedding must be stored so there is no contact with another child's bedding.
56.7 A licensee shall ensure sleep equipment is placed at least 1½ feet apart while in use.
56.8 The rest area must provide enough light to allow the children to be seen.
56.9 Safe Sleep Practices for Infants:
56.9.1 A licensee shall ensure cribs meet the current standards of CPSC or other safety authority recognized by OCCL.
56.9.2 Infants must sleep only in cribs, pack-and-plays, or playpens.
56.9.2.1 The use of soft surfaces, such as soft mattresses, pillows, sofas, and waterbeds, are prohibited as infant sleep surfaces.
56.9.2.2 A licensee shall ensure infants who fall asleep in car seats, swings, seats, or other equipment are immediately moved to cribs, pack-and-plays, or playpens.
56.9.3 Cribs may not be stacked while in use.
56.9.4 Cribs may not have gaps larger than 2 3/8 inches between the slats.
56.9.5 Cribs, pack-and-plays, and playpens must have top rails at least 20 inches above the mattresses.
56.9.5.1 The mattress must be set at its lowest position.
56.9.5.2 Latches on cribs, pack-and-plays, or playpens must be safe, secured, and hazard-free.
56.9.6 Crib mattresses must be firm and tight fitting to the frame with a tight-fitting bottom sheet only.
56.9.7 Pillows, bibs, blankets, bumper pads, cloth diapers other than those worn by an infant, comforters, top sheets, quilts, sheepskin, sleep positioning devices (except as described in subsection 56.9.9.1), stuffed toys, and other items, are prohibited in a crib, pack-and-play, and playpen.
56.9.7.1 Infants may use pacifiers in a crib.
56.9.7.2 Toys or objects attached to cribs, pack-and-plays, or playpens are prohibited.
56.9.8 Swaddling of infants requires written parent/guardian permission. Blankets are prohibited for swaddling when laying an infant down to sleep. However, swaddle-blanket sleepers may be used.
56.9.9 Infants must be placed on their backs when laid down to sleep as recommended by the American Academy of Pediatrics.
56.9.9.1 OCCL allows an exception if the infant's health care provider documents that a physical or medical condition requires a different sleeping position or use of a sleep-positioning device.
56.9.9.2 The health care provider must document the new sleeping position or the device and how to use it.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-57.0** Equipment {#sec-933-57.0 omnilex-key=us-de-regs-official--title-14--933-57.0}
57.1 A licensee shall provide developmentally-appropriate equipment and materials for a variety of indoor and outdoor activities. There must be enough equipment and materials for all children to use. Materials and equipment must help provide many experiences and choices that support all children's social-emotional, language/literacy, intellectual, and physical development.
57.2 A licensee shall ensure that for children less than 24 months old, developmentally-appropriate supplies or equipment are provided in quantities as described in subsection 57.1 in each of the following categories:
57.2.1 Sensory, such as teething toys, busy boxes, baby mirrors, rattles, melody chimes, squeeze toys; or other similar items;
57.2.2 Language/dramatic play, such as picture books, toy telephones, CDs, hand puppets, washable stuffed animals and dolls, photographs, or other similar items;
57.2.3 Manipulative, such as squeeze and grip toys, boxes, sorting and stacking toys, three or four piece wooden inlay puzzles, puzzle blocks, simple threading toys, mobile pull toys, balls, or other similar items;
57.2.4 Building, such as soft lightweight blocks, toy cars, trains or boats, figures of animals and people, stacking rings or cups, nesting toys, or other similar items;
57.2.5 Large muscle, such as low climbers, slides, riding/rocking toys, foam or soft plastic balls, gym mats, play tunnels, or other similar items; and
57.2.6 Music, such as rhythm instruments, a CD player and CDs, toys with musical tones, musical mobiles or busy boxes, drums, xylophones or pianos, or other similar items.
57.3 A licensee shall ensure for children over 24 months old, developmentally-appropriate supplies or equipment are provided in quantities as described in subsection 57.1 in each of the following categories:
57.3.1 Language/literacy, such as books, flannel board, upper and lower case letters, pictures for discussion, materials for recognition, identification, or classification, poetry, puppets, audio-visual materials, show and tell items, or other similar items;
57.3.2 Science and math, such as plants and gardening equipment, aquarium with fish or other appropriate live animals, water table with supplies, sand table with supplies, cooking supplies, weather chart or thermometer, counting equipment, balance scale, or other similar items;
57.3.3 Manipulative, such as puzzles, pegs and pegboards, lacing boards, building toys, stencils, dominoes, pounding bench, lotto games, or other similar items;
57.3.4 Large muscle such as rocking boat, wheel toys, climbers, slides, balance beam, barrels or large cartons, parachute, balls and beanbags, outdoor play equipment, gym mats, or other similar items;
57.3.5 Building activities, such as unit blocks (minimum of four sizes), transportation toys, farm animals, play people, work bench and tools, building toys, building logs, or other similar items;
57.3.6 Art, such as crayons, tempera paint, large brushes and newsprint, finger paint and finger paint paper, construction paper in assorted colors, paste or glue, blunt scissors, collage materials, non-toxic felt tip markers, easels, clay or play dough, or other similar items;
57.3.7 Music, such as a CD player and CDs, piano or organ, guitar, rhythm sticks, drums, cymbals and bells, or other similar items; and
57.3.8 Dramatic play, such as toy dishes, ironing board, telephones, occupational props or uniforms, dress-up clothes, housekeeping area (stove, sink, refrigerator), cradle or doll bed, doll carriage, dolls, puppets, play grocery store, post office or hospital, or other similar items.
57.4 A licensee shall ensure toys and equipment used by the children are sturdy, safely assembled, hazard-free, and not recalled. Toys and equipment may not cause children to become trapped or have rough edges, sharp corners, pinch and crush points, splinters, exposed bolts, or small loose pieces.
57.5 A licensee shall ensure furniture is durable and child-sized or adapted to children's use. Tables must be at waist height of the intended child-user and the child's feet must reach a firm surface while the child is seated.
57.6 A licensee shall ensure equipment and materials are selected or adapted to allow all children, including a child with disabilities or other special needs, to benefit from the program.
57.7 A licensee shall ensure equipment and supplies are relevant to the cultural background and community of all children and raise awareness of other cultures and communities.
57.8 A licensee shall prohibit toys that explode or shoot objects.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-58.0** Sanitation {#sec-933-58.0 omnilex-key=us-de-regs-official--title-14--933-58.0}
58.1 A licensee shall ensure that areas and equipment listed in subsection 58.2 are washed with soap and water, and then disinfected as required.
58.1.1 For sanitizing and disinfecting, a licensee shall ensure one of the following is used: an EPA-registered product, a commercially prepared product, or a bleach and water solution.
58.1.2 A licensee shall follow the manufacturer's instructions for use.
58.1.3 These products must be labeled with the contents.
58.1.4 Their instructions for use must be available at all times.
58.2 A licensee shall ensure staff members wash with a soap and water solution and then disinfect the following equipment, items, or surfaces, as listed below:
58.3 At least weekly, a licensee shall ensure non-porous toys and play equipment are washed with a soap and water solution and then disinfected.
58.4 At least weekly, a licensee shall ensure stuffed animals are laundered.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-59.0** Hand Washing {#sec-933-59.0 omnilex-key=us-de-regs-official--title-14--933-59.0}
59.1 A licensee shall ensure staff members and children wash their hands with soap and running water, including when gloves have been worn, and use paper towels or a hand-drying device, as follows:
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-60.0** Standard Precautions {#sec-933-60.0 omnilex-key=us-de-regs-official--title-14--933-60.0}
60.1 A licensee shall ensure Standard Precautions are used to protect against disease and infection. Spills of bodily fluids (i.e. urine, feces, blood, saliva, and discharges from the nose, eyes, an injury, or other tissue) must be cleaned up immediately, as follows:
60.1.1 For vomit, urine, and feces on a surface including the floors, walls, toilet rooms, tabletops, toys, toilet training chairs, and diaper-changing tables, the area must be immediately cleaned with soap and water and then disinfected.
60.1.2 For blood, blood-containing fluids, and tissue discharges, a licensee shall ensure staff members avoid exposure of open skin sores or mucous membranes, wear non-porous gloves, clean the area with soap and water, and then disinfect the area.
60.1.3 Bloody disposable diapers and material must be put in a plastic bag, tied securely, and thrown away. Bloody clothing and reusable diapers must be placed in a plastic bag, tied securely, and returned to the child's parent/guardian at pick up.
60.1.4 Mops must be cleaned, rinsed, disinfected, wrung, and hung to dry.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-61.0** Diapering and Soiled Clothing {#sec-933-61.0 omnilex-key=us-de-regs-official--title-14--933-61.0}
61.1 A licensee shall have and follow a procedure for checking diapers for wetness and feces at least hourly and whenever the child acts as though the diaper is wet or soiled.
61.1.1 Diapers and other clothing must be changed when they are found to be wet or soiled.
61.1.2 Diaper changes must be documented for infants.
61.2 The licensee shall keep a supply of clean diapers and extra clothing available for children even if a parent/guardian does not provide them when required.
61.3 A licensee shall ensure soiled or wet clothing and reusable diapers are not emptied or rinsed.
61.3.1 Each must be placed in a sealed plastic bag with clothing separated from reusable diapers.
61.3.2 The bag must be labeled with the child's name and sent home with the child at the end of the day.
61.4 A licensee shall ensure a center has a diaper-changing area with a clean, washable, and non-porous surface. This area may not be located in the kitchen.
61.4.1 Disposable covers must be used for each diaper change.
61.4.2 There must be a hand-washing sink with running warm water within five feet of the changing area. This sink must be cleaned with soap and water and disinfected before using for food preparation.
61.5 A licensee shall ensure used disposable diapers are placed in a foot-activated trashcan that is used only for diapers.
61.5.1 This trashcan must be within arm's reach of the changing area, lined with a plastic bag, and sanitized daily.
61.5.2 Diapers must be removed from the center daily or more frequently to prevent odors and placed in a closed trashcan outside the building.
61.6 A licensee shall have and follow a procedure for changing diapers that includes the following:
61.6.1 Posting the diaper-changing procedure in the diaper-changing area;
61.6.2 Using a diaper-changing area and disposable covers when changing diapers;
61.6.3 Disposing of diapers as stated in these regulations;
61.6.4 Washing each child during each diaper change with a clean wipe or single-use washcloth;
61.6.5 Hand washing for the staff who changed the diaper and for the child with soap and water immediately after each diaper change; and
61.6.6 Cleaning with soap and water and then disinfecting the diaper-changing area after each use.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-62.0** Child Health Exclusions {#sec-933-62.0 omnilex-key=us-de-regs-official--title-14--933-62.0}
62.1 A licensee may not permit a child who has symptoms of illness listed below to be admitted or remain at the center. The child may only return when the symptoms are gone or with documentation from a health care provider, stating the child has been diagnosed and the illness or symptoms pose no serious health risk to the child or to other children. The symptoms for exclusion must include, but not be limited to, the following:
62.1.1 Temperature: infants four months old and younger: equivalent to 100° F or greater even if there has not been a change in behavior;
62.1.2 Temperature: children older than four months: equivalent to 101° F or greater, accompanied by behavior changes or other symptoms of illness;
62.1.3 Symptoms of possible severe illness, such as unusual tiredness, uncontrolled coughing, inexplicable irritability, persistent crying, difficulty breathing, wheezing, or other unusual signs;
62.1.4 Diarrhea; two or more times of loose stool during the past 24 hours; if diarrhea is accompanied by fever, exclude for 48 hours after the symptoms end;
62.1.5 Blood in stools not due to change in diet, medication, or hard stools;
62.1.6 Vomiting; two or more times during the past 24 hours, or one time if accompanied by a fever, exclude for 48 hours after the symptoms end;
62.1.7 Ongoing stomach pain (more than two hours) or off-and-on pain with a fever or other symptoms;
62.1.8 Mouth sores with drooling;
62.1.9 Rash with fever or behavior change;
62.1.10 Purulent conjunctivitis or "pink eye" (defined as pink or red conjunctiva with white or yellow eye discharge), exclude for 24 hours after starting antibiotic treatment;
62.1.11 Scabies, until 24 hours after starting treatment;
62.1.12 Pediculosis "head lice" or nits, until 24 hours after starting treatment;
62.1.13 Tuberculosis, as directed by DPH;
62.1.14 Impetigo, until 24 hours after starting antibiotic treatment and lesions are dry;
62.1.15 Strep throat or Streptococcal infection or other, until 24 hours after starting antibiotic treatment and fever ends;
62.1.16 Varicella-Zoster "chicken pox," until all lesions have dried and crusted (usually six days);
62.1.17 Shingles, only if lesions cannot be covered by clothing or a bandage; if not, exclude until lesions have crusted and are dry;
62.1.18 Pertussis, until completing five days of antibiotic treatment;
62.1.19 Mumps, until five days after onset of glandular swelling;
62.1.20 Hepatitis A virus, until one week after onset of illness, jaundice, or as directed by DPH;
62.1.21 Measles, until four days after appearance of rash;
62.1.22 Rubella, until seven days after appearance of rash;
62.1.23 Herpetic gingivostomatitis "cold sores," if the child is too young to have control of saliva; or
62.1.24 Unspecified short-term illness, not chronic illness, if the child is unable to participate in activities or if the center cannot provide care for this child and the other children.
62.2 Temperatures for children under three years old must be taken using a non-glass thermometer under the arm or by a forehead scan. Oral temperatures may be taken on children ages three and older when a digital thermometer is used. Rectal and ear temperatures may be taken only by a licensed health care professional.
62.3 A licensee shall ensure that if a child shows signs of ill health, as listed above, the licensee will remove the child from the group of well children to a separate area as described in Section 52.0.
62.4 A licensee may permit a child to return to the center when the symptoms are gone, documentation from the child's health care provider states the child has been diagnosed and the illness or symptoms poses no serious health risk to the child or to other children, or the child does not have symptoms for exclusion as listed in the center's written health exclusion policy.
62.5 A licensee shall ensure parents/guardians are notified when their child has been exposed to a contagious disease or condition.
62.6 A licensee shall report a reportable communicable disease to DPH. For information on these diseases, the licensee shall contact DPH or refer to their website (currently listed as http://www.dhss.delaware.gov/dhss/dph/dpc/rptdisease.html.)
62.7 A licensee may not permit a child with a reportable communicable disease to be admitted to or remain at the center, unless the child's health care provider documents the child has been evaluated and the disease poses no health risk to the child or to others or DPH has advised that the child is not a health risk to others. If the health care provider states the child may return and DPH says the child cannot return, the licensee shall follow DPH's instructions.
62.8 When a health care provider diagnosed a child as having a reportable vaccine-preventable communicable disease, a licensee shall exclude all children who were not immunized against the disease following DPH's instructions.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-63.0** Administration of Medication {#sec-933-63.0 omnilex-key=us-de-regs-official--title-14--933-63.0}
63.1 A licensee shall ensure a trained staff member, who has received a valid administration of medication certificate from OCCL, is present at all times to provide both scheduled and emergency medications to children in care. A certified staff member shall be present during field trips and routine program outings to administer medication when needed. The administration of medication certificate must be on file at the center for each certified staff member.
63.1.1 OCCL only allows staff members who are at least 18 years old to be certified to give medication to children. This certification includes passing OCCL's designated test on the information in the Administration of Medication Self-Study Training Guide as described in Appendix V. Health care providers, nurses, or other qualified medical health personnel are permitted to administer medication to children in a center.
63.1.2 Written permission from the child's parent/guardian for each medication to be administered is required.
63.1.3 Unused medication must be returned to the parent/guardian when no longer needed by the child.
63.1.4 A licensee has discretion to designate which staff members shall administer medication.
63.2 A licensee shall ensure that the parent/guardian of a child provides the following information for each medication given:
63.2.1 The name and birth date of the child;
63.2.2 Medication allergies;
63.2.3 Doctor's name and phone number;
63.2.4 Pharmacy name and phone number;
63.2.5 Name of medication;
63.2.6 Dosage (amount given);
63.2.7 Time or frequency (when given);
63.2.8 Route of administration (oral, eye, nose, mouth, topical, inhalation);
63.2.9 Medication expiration date;
63.2.10 End date (when to stop giving);
63.2.11 Reason for medication; and
63.2.12 Special directions.
63.3 A licensee shall ensure all prescription medication is given as prescribed. Prescription medication must be:
63.3.1 Stored securely and out of children's reach;
63.3.2 Refrigerated, if applicable, in a closed container separate from food;
63.3.3 In its original container and properly labeled with directions for its administration;
63.3.4 Current and not expired;
63.3.5 Given only to the child who has been prescribed the medication, verified by the child's name on the container; and
63.3.6 Given to the child according to the dosage and administration instructions on the medication container. If no dosage or administration information is listed on the container, such information must be provided in writing by the child's health care provider.
63.4 A licensee shall ensure the following requirements are followed when non-prescribed medication is given. Non-prescription medication must be:
63.4.1 Stored securely and out of children's reach;
63.4.2 Refrigerated, if applicable, in a closed container separate from food;
63.4.3 Stored in its original container and properly labeled with directions for its administration;
63.4.4 Current and not expired;
63.4.5 Labeled with the child's name; and
63.4.6 Given as written on the container's instructions or as otherwise instructed in writing by the child's health care provider.
63.5 A licensee shall keep a written record of medication administered to children recorded on the Medication Administration Record "MAR" including each medication dosage, time administered, by whom administered, adverse effects observed, and medication errors.
63.5.1 Medication errors include giving the wrong medication, giving the wrong dose, failing to give the medication, giving medication to the wrong child, giving the medication by the wrong route, or accidental spills of medication.
63.5.2 Adverse effects or errors in administering must be immediately reported to the parent/guardian.
63.5.3 When known, a licensee shall notify OCCL when unwanted effects or errors in administering medication result in death or medical treatment as described in subsection 14.3.
63.5.4 Documentation of administration of medication must be placed in the child's file or in a central administration of medication log and kept while the child is enrolled in the center.
63.6 A licensee may administer medication to a child who has a medical need during child care hours that requires the administration of medication by a non-intravenous injection. In addition to the requirements in subsection 63.2, the parent/guardian shall provide the licensee with the following information, when medication is administered by non-intravenous injection:
63.6.1 Written parent/guardian permission for the center to provide the requested medical care; and
63.6.2 A written statement from the child's health care provider stating:
63.6.2.1 The specific medication by injection needed by the child;
63.6.2.2 That for the child's health, the requested medication by injection must be administered during the hours the child attends the center;
63.6.2.3 That the requested medication by injection may be appropriately administered at the center by non-medical child care staff; and
63.6.2.4 Whether any additional training is necessary for non-medical staff members to administer the medication or medical care appropriately. If additional training is required, the health care provider shall provide instructions including information about: the type of training, who may provide such training (which may include the child's parent/guardian), and any other instructions needed to provide the requested medication by injection.
63.6.2.4.1 If additional training is required, the licensee shall identify staff members who are certified to administer medication and have them complete the additional training specified by the child's health care provider. Such training must be completed in a reasonable time based on the availability of such training.
63.6.2.4.2 The licensee shall keep documentation of this training with the child's MAR and inform the parent/guardian in writing which staff members are authorized and trained to perform the requested medication by injection. This information must be updated as needed.
63.6.2.4.3 The licensee shall ensure that at least one staff member, who is trained as required by subsection 63.6.2.4.1, to provide the requested medical care, is present at the center at all times while the child is present.
63.6.2.5 A licensee shall ensure this information is reviewed with the child's parent/guardian and health care provider yearly, and as needed. Reviews and changes must be written, dated, agreed upon by all parties, and kept with the MAR.
63.7 A school-age child may self-administer medical care, as described in Section 63.0, with written parent/guardian permission and written health care provider permission. These permissions must indicate the child is able to safely self-administer the prescribed medical care, identify and select the correct medicine and dosage, if applicable, and administer the medical care at the correct time and frequency. The licensee shall keep documentation of these permissions with the child's MAR. A staff member with a current administration of medication certificate shall be present during the self-administration and document all information required on the MAR, including that the medication was self-administered by the child.
63.8 The administration of medication may be required under State and federal laws even though it is not mandated pursuant to these regulations. If an agency, administrative body, court, or other entity responsible for enforcing Federal, State, and local laws and regulations (including but not limited to the Americans with Disabilities Act and the Delaware Equal Accommodations Law) makes a finding that the refusal of a licensee to administer medication is a violation of the law, OCCL shall take appropriate enforcement action consistent with subsection 12.5, due to licensee’s failure to comply with subsection 15.2.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-64.0** Child Accident and Injury {#sec-933-64.0 omnilex-key=us-de-regs-official--title-14--933-64.0}
64.1 When known, a licensee shall ensure if a child in care has an accident or injury, a staff member provides assistance to protect the child from further harm.
64.1.1 For a serious or potentially serious injury, a licensee shall ensure the parent/guardian is notified immediately after staff members have assisted the child and contacted an ambulance, if needed.
64.1.1.1 Serious injuries are described in the definitions.
64.1.1.2 For these injuries, a licensee shall document when the parent/guardian was informed or when calls were made to the parent/guardian or emergency contact, but no one answered.
64.1.2 A less serious accident or injury requires parent/guardian notification before the child leaves for the day.
64.1.3 A licensee shall complete and keep a written accident or injury report for each incident in the child's file or a central log for the center.
64.1.3.1 A licensee shall ensure the report includes the name of the child, date of injury, description of the injury, how it occurred, first aid or medical care provided, and parent/guardian/authorized release person's signature.
64.1.3.2 The parent/guardian/authorized release shall be provided a copy of the report on the day of the accident/injury or within one business day.
64.2 If a child has a medical event, such as a seizure, asthma attack, or severe allergic reaction, the parent/guardian shall be notified immediately after assisting the child and contacting an ambulance, if needed.
64.3 When known, the licensee shall notify OCCL when an accident or injury results in death or medical/dental treatment other than first aid provided at the center, as described in subsection 14.3.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-65.0** First Aid Kits {#sec-933-65.0 omnilex-key=us-de-regs-official--title-14--933-65.0}
65.1 A licensee shall have at least one complete first aid kit in a location accessible to staff members but not to children. A first aid kit must be taken on field trips/program outings.
65.2 The first aid kit must include:
65.2.1 Disposable non-porous gloves;
65.2.2 Scissors;
65.2.3 Tweezers;
65.2.4 A non-glass thermometer to measure a child's temperature;
65.2.5 Bandage tape;
65.2.6 Sterile gauze pads;
65.2.7 Flexible rolled gauze;
65.2.8 Triangular bandage or sling;
65.2.9 Safety pins;
65.2.10 Eye patch or eye pad;
65.2.11 Pen/pencil and note pad;
65.2.12 Instant cold pack or frozen ice pack;
65.2.13 Current American Academy of Pediatrics or AAP standard first aid chart or equivalent first aid guide;
65.2.14 Small plastic, metal, or wooden finger splints;
65.2.15 Non-medicated adhesive strip bandages; and
65.2.16 Plastic bags for cloths, gauze, and other materials used in handling blood.
65.3 A first aid kit taken on field trips/program outings must include the items listed in subsection 65.2 and the following:
65.3.1 Bottled water;
65.3.2 Liquid soap;
65.3.3 Emergency and other needed medications; and
65.3.4 List of emergency phone numbers, parents/guardians' home and work phone numbers, and the Poison Control Center phone number.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-66.0** Emergency Planning {#sec-933-66.0 omnilex-key=us-de-regs-official--title-14--933-66.0}
66.1 A licensee shall have and follow a written emergency plan that describes procedures for natural and man-made disasters. A licensee shall train staff members on the plan. The emergency plan must include information and procedures in the following areas:
66.1.1 Preparing for a disaster;
66.1.2 Assigning specific responsibilities to staff members during a disaster;
66.1.3 Keeping track of children and staff;
66.1.4 Moving to a new location, if appropriate;
66.1.5 Communicating with and returning children to families;
66.1.6 Meeting the needs of infants, toddlers, and children with disabilities or medical conditions;
66.1.7 Caring for children after the disaster;
66.1.8 Contacting appropriate emergency response agencies and the parents/guardians; and
66.1.9 Locking down the center.
66.2 Monthly evacuation drills must be practiced from all exit locations during different times of the day, including nap time. Evacuation routes must be posted in each room that the children use. Each drill must be documented and include:
66.2.1 Drill date and time of day;
66.2.2 Number of children and staff members who participated;
66.2.3 Exits used; and
66.2.4 Total time to evacuate the center.
66.3 A licensee shall develop and follow a written plan describing procedures to shelter-in-place at the center for up to 24 hours due to a disaster. The plan must include a list of emergency supplies kept on-site, including enough foods that will not spoil, bottled water, and supplies to serve or prepare foods without the use of electricity.
66.4 A licensee shall conduct a monthly fire prevention inspection and post the latest inspection report in a visible place.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-67.0** Transportation {#sec-933-67.0 omnilex-key=us-de-regs-official--title-14--933-67.0}
67.1 Use of a vehicle, other than a school bus, with a rated capacity as defined by the manufacturer, to carry more than 10 passengers in addition to the driver to transport children is prohibited. A licensee shall ensure 12-15 passenger vans are not used to transport children. Passenger includes the driver.
67.2 A licensee shall ensure when transporting children that the driver, when volunteering or employed by the center, and vehicle, when owned or leased by the center, comply with all applicable federal and State laws.
67.2.1 The driver shall be at least 21 years old.
67.2.2 The driver shall have a valid driver’s license that authorizes the driver to operate the vehicle being driven.
67.2.3 The driver shall have a comprehensive background check confirming eligibility to be alone with children during transport.
67.2.4 The driver does not need to be qualified by Delaware First.
67.2.5 The driver may not transport more children and adults than the vehicle’s capacity.
67.3 A licensee shall ensure children are transported using child-safety restraints as required by State and federal laws.
67.4 A licensee shall ensure that companies contracted by the center to provide transportation services to children follow applicable State and federal laws.
67.5 A licensee shall ensure each child is secured in an individual safety restraint system appropriate to the age, weight, and height of the child at all times while the vehicle, other than a school bus, is in motion.
67.5.1 Safety restraints must be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard.
67.5.2 Child safety restraints must be installed and used as determined by the manufacturer and vehicle's instruction manual.
67.5.3 Safety restraints must be kept in a safe working condition and free of recall.
67.6 If using a school bus, children preschool-age or younger must only be transported on a school bus that is properly equipped with child safety restraints unless the licensee explains to parents/guardians in writing that while child safety restraints on school buses for children preschool-age or younger are not currently required by State law, the National Highway Traffic Administration recommends that children in this age group always be transported using child safety restraints, and the licensee receives written parent/guardian permission stating the child may be transported on a school bus unrestrained.
67.7 A licensee shall ensure vehicles used to transport children, including parent/guardian vehicles used for field trips (unless only transporting his or her own children), have and use the following:
67.7.1 A working heater capable of keeping an interior temperature of at least 50°F;
67.7.2 Air-conditioning to reduce the interior temperature when it exceeds 82°F (school buses are exempt);
67.7.3 A working phone;
67.7.4 A traveling first aid kit including children's emergency contact information; and
67.7.5 A dry chemical fire extinguisher approved by Underwriters Laboratory.
67.8 A licensee shall ensure children are loaded and unloaded at the vehicle's curbside or in a protected parking area or driveway.
67.9 A licensee shall ensure all doors are locked when the vehicle is moving.
67.10 A licensee shall have written parent/guardian permission for transportation provided by the center.
67.10.1 A licensee shall document arrangements with the parent/guardian including the pickup and drop off times when driving a child to and from the child's school.
67.10.2 A licensee shall inform the parent/guardian of the person or transportation service who is driving the vehicle and ask about special needs the child may have during the ride.
67.11 A licensee shall ensure children are never alone in the vehicle and that the vehicle is visually checked at the final location so that no child is left behind.
67.12 A licensee may not transport children in the open back of a truck.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-68.0** Field Trips and Program Outings {#sec-933-68.0 omnilex-key=us-de-regs-official--title-14--933-68.0}
68.1 A licensee shall have and follow a plan to keep track of children at all times during field trips or routine program outings.
68.2 A licensee shall have written parent/guardian permission before taking a field trip. The permission must state the location and date of the trip and who will provide transportation.
68.3 Medical consent forms and emergency contact information for all children, a traveling first aid kit as described in these regulations, and a working phone must accompany staff on trips and outings. Children must have tags or other means of providing the center's name and phone number.
68.4 A licensee shall ensure during field trips or routine program outings, a licensee maintains the following staff/child ratios with a minimum of two staff members present at all times except when the children are school-age:
68.4.1 For a routine program outing where children are always contained in a buggy/stroller, classroom ratios must be maintained in accordance with Section 27.0.
68.4.2 Volunteers count toward the staff/child ratio for field trip or routine program outing purposes only if not accompanied by other children who are not enrolled at the center. Volunteers may not be left alone with children other than their own children, unless they had a comprehensive background check and were determined eligible.
68.4.3 A licensee shall ensure staff members or volunteering parents/guardians follow the transportation regulations when transporting children on field trips.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-69.0** Pets {#sec-933-69.0 omnilex-key=us-de-regs-official--title-14--933-69.0}
69.1 A licensee shall ensure pets kept by or located in the center are cared for in a safe and sanitary manner.
69.2 A licensee shall keep proof of vaccination as required by State law (currently this is rabies vaccinations for dogs and cats).
69.3 Poisonous or aggressive animals or animals that are known to be carriers of illnesses, such as ferrets, turtles, iguanas, lizards or other reptiles, psittacine birds or birds of the parrot family, or animals who are sick with a disease that may be spread to humans may not be kept at the center or brought into the center.
69.4 A licensee shall keep containers used solely for collecting animal feces or urine out of rooms used by children.
69.5 A licensee shall inform parents/guardians of animals or pets kept or brought into the center.
69.6 Children may handle animals only with adult supervision.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-70.0** Water {#sec-933-70.0 omnilex-key=us-de-regs-official--title-14--933-70.0}
A licensee shall ensure drinking water is always available to children in their classrooms and outdoors and supplied to them on their request or available for self-service as appropriate.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-71.0** Meals and Snacks {#sec-933-71.0 omnilex-key=us-de-regs-official--title-14--933-71.0}
71.1 A licensee shall ensure meals and snacks are served on the following schedule depending on the number of hours the child is present:
71.2 A licensee shall ensure meals and snacks are provided by a center except when:
71.2.1 The parent/guardian chooses to provide the child's food and provides a signed statement stating this choice. The center must keep the statement on file;
71.2.2 The center does not provide meals or snacks and informs the parent/guardian at the time of enrollment that meals or snacks are to be provided by the parent/guardian. The center must inform the parent/guardian of the importance of sending nutritional meals or snacks; or
71.2.3 The center has a field trip or a specific activity requiring special meal arrangements.
71.3 A licensee shall encourage adults to eat healthy foods when eating with children.
71.4 A licensee shall ensure staff members responsible for food service have knowledge of nutrition, sanitary food preparation, storage, and cleaning, and follow the center's policy on food service.
71.5 A licensee shall ensure staff members' responsibilities for food service do not reduce staff/child ratios, interfere with the center's program, or lessen supervision of children.
71.6 A licensee shall ensure meals and snacks provided by the center:
71.6.1 Follow the meal pattern requirements (see Appendix VI and Appendix VII) which are appropriate to the child's age;
71.6.2 May include 100% unsweetened juice, not a juice drink or cocktail;
71.6.3 May include powdered milk used only for cooking and not instead of liquid milk for drinking; and
71.6.4 Are planned on a menu, dated, and posted in a noticeable place.
71.6.4.1 Menus listing food served must be kept for 30 days.
71.6.4.2 Changes to the food served on a particular date must be written on the menu on or before that date.
71.7 A licensee shall ensure that special, therapeutic diets are prepared and served by staff members only upon written instructions by a health care provider. A health care provider's written permission is required for a change in meal patterns.
71.8 A licensee shall ensure when a parent/guardian requests a change of meal patterns due to a family's food preferences or religious beliefs, the parent/guardian provides the center with a list of the foods that are unacceptable and the substitutions allowed.
71.9 Meal Components for Toddlers and Older Children
71.9.1 As described in Appendix VI, a licensee shall ensure a breakfast provided and served by a center has at least one age-appropriate serving-size item each from the milk, fruit and vegetable, and grain food groups.
71.9.2 As described in Appendix VI, a licensee shall ensure lunch or dinner provided and served by a center has one age-appropriate serving-size item from each of the milk, meat or meat alternate, and grain food groups and two items from the fruit and vegetable food group.
71.9.3 As described in Appendix VI, a licensee shall ensure that a snack provided and served by a center has at least one age-appropriate serving-size item from two of the food groups. If milk or 100% juice is not included with a snack provided and served by the center, water must be served with that snack.
71.10 For foods prepared and served by the center, a licensee shall introduce a variety of food textures, finger foods, and a cup and utensils for self-feeding. If needed, a licensee shall ensure food is cut to prevent choking.
71.11 A licensee shall ensure each child has his or her own utensils, such as a fork, spoon, knife, dish, cup or bottle, as appropriate to the child's age. This equipment may not be shared with another child or adult during feeding.
71.12 All single-service dinnerware or utensils provided by the center for meals or snacks must be thrown away immediately after use.
71.13 Staff members shall encourage the use of a cup when a child is at least one year old and is developmentally able to drink from or hold a cup.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-72.0** Feeding of Infants {#sec-933-72.0 omnilex-key=us-de-regs-official--title-14--933-72.0}
72.1 As described in Appendix VII, a licensee shall ensure a breakfast provided and served by a center has at least one age-appropriate serving-size item from each of the required food groups including breast milk or formula.
72.2 As described in Appendix VII, a licensee shall ensure lunch or dinner provided and served by a center has one age-appropriate serving-size item from each of the required food groups including breast milk or formula.
72.3 As described in Appendix VII, a licensee shall ensure that a snack provided and served by a center has at least one age-appropriate serving-size item from each of the required food groups including breast milk or formula, grain, and fruit and vegetable food groups.
72.4 A licensee shall ensure an infant is given foods and drinks on demand or according to the infant's eating habits using the following guidelines:
72.4.1 A parent/guardian provides a written feeding statement listing the foods and drinks including specific formula or breast milk, an infant eats or drinks. This schedule must be updated monthly and as needed;
72.4.2 Mixing prepared formula or breast milk in a bottle with anything else requires written permission from an infant's health care provider;
72.4.3 A written record of each infant's food intake must be shared with the parent/guardian daily. Feeding problems must be discussed with the parent/guardian before the infant leaves that day;
72.4.4 An infant must be held for bottle-feeding. When an infant is able to hold a bottle or does not want to be held while fed, the infant may be placed in a high chair or at a feeding table; and
72.4.5 Introduction to all new foods and beverages must be made only with the parent/guardian's permission.
72.5 Infants must be allowed to take breaks during feedings. Infants must be observed for signs of fullness and must be allowed to stop a feeding when full unless documentation from an infant's health care provider requires the feeding to continue;
72.6 Parent/guardian permission is needed to feed formula to an infant receiving only breast milk;
72.7 A staff member shall hold only one infant at a time while bottle-feeding;
72.8 An infant must never be placed in sleeping or relaxing equipment with a bottle or have a bottle propped for feeding;
72.9 Bottles and infant foods must be warmed for no more than five minutes under running warm tap water or by placing them in a container of water that is no warmer than 120° F. They may not be warmed or thawed in a microwave oven;
72.10 For infants age four months or older, semi-solid foods may be fed as requested by the parent/guardian and are required once an infant is eight months old unless the parent/guardian provides documentation from the infant's health care provider stating otherwise;
72.11 Foods for infants must be a texture and consistency that helps them eat safely. Puréed foods must be served from a dish unless serving the entire contents of the jar;
72.12 Cow's milk may not be served to infants;
72.13 Juice may not be fed to infants;
72.14 Bottles and nipples kept by center must be washed and sanitized before each use;
72.15 Each infant's bottle must be labeled with the infant's name and refrigerated immediately after preparation by center staff members or on arrival if prepared by a parent/guardian;
72.16 Unused bottles must also be dated as to when prepared if not returned to the parent/guardian at the end of each day;
72.17 Unused portions of formula must be thrown away after each feeding that exceeds one hour;
72.18 Formula must be prepared from a factory-sealed container;
72.19 Refrigerated, unused, prepared formula must be thrown away after 48 hours; and
72.20 Breast milk must be fed only to the infant it was intended for.
72.20.1 Frozen breast milk must be thawed under running cold water or in the refrigerator and used within 24 hours.
72.20.2 Expressed breast milk must be returned to the parent if it is in an unsanitary bottle, partially used, or if it has been unrefrigerated for more than four hours.
72.20.3 Refrigerated, unused, expressed breast milk that was never frozen must be returned to the parent after 48 hours.
72.20.4 Breast milk that was frozen and stored in a freezer at 0° F must be thrown away after six months.
PART V EARLY CARE AND EDUCATION
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-73.0** Program Goals and Planning {#sec-933-73.0 omnilex-key=us-de-regs-official--title-14--933-73.0}
73.1 A licensee shall ensure the program provides physical care routines (such as diapering/toileting, feeding, and hand washing) appropriate to each child's developmental needs.
73.2 A licensee shall develop written goals of what the center plans to accomplish for enrolled children's development and education.
73.2.1 Goals must include areas of physical, social-emotional, language/literacy, and cognitive development and be developmentally appropriate for the children enrolled.
73.2.1.1 The curriculum goals and daily activities for each group of children must be implemented by an assigned staff member who is qualified as at least an early childhood assistant teacher, school-age site assistant, or early childhood caregiver.
73.2.1.2 The early childhood administrator, school-age administrator, early childhood curriculum coordinator, or school-age site coordinator when assigned this duty shall approve and monitor the assigned staff member's job performance.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-74.0** Lesson Plans {#sec-933-74.0 omnilex-key=us-de-regs-official--title-14--933-74.0}
74.1 A licensee shall have and follow a written lesson plan of varied, developmentally-appropriate activities designed to help all children preschool-age and younger reach the goals described in subsection 73.2.1.
74.1.1 The lesson plan must be current and posted for easy reference by parents/guardians and staff, unless the plan is given to a parent/guardian in advance and available electronically for viewing. Upon request, the plan must be provided to parents/guardians.
74.1.2 The lesson plan must include at least one daily activity for each goal listed in subsection 73.2.1. Activities that allow children to choose to participate with the whole group, part of the group, or independently must be included.
74.1.3 The plan must show that the children have the choice to participate in at least four activities each day. These activities must be conducted at least 1/3 of the time the child is present for a particular day.
74.1.4 Adult-child interactions, teaching strategies, activities, materials, and equipment must be adapted as needed to support all children's learning, including those with goals described in IEPs, IFSPs, and Section 504 plans. A licensee shall allow services to be provided at the center for a child with disabilities.
74.1.5 Lesson plans must be based on best practices and accepted research in the field of early care and education and in alignment with principles and foundations of learning and development, such as the Delaware Early Learning Foundations: Preschool, Delaware Early Learning Foundations: Infant/Toddler, and also as set forth by the Delaware or United States Department of Education.
74.2 A licensee shall ensure for children 24 months and older there are weekly opportunities documented on the lesson plan for children to learn in the following areas:
74.2.1 Cooking or food exploration/healthy habits, such as talking about healthy habits or comparing the taste/texture of different foods;
74.2.2 Science and nature investigation, such as talking about the weather, observing insects/birds, having a leaf collection, blowing bubbles, or having a pet;
74.2.3 Music and rhythm, such as singing, simple instruments, or music toys; and
74.2.4 Multi-sensory play, such as sand or water play with containers, spoons, scoops, trucks, or toy people.
74.3 A licensee shall ensure activities and materials reflect children's cultures and communities, including both familiar and new materials, pictures, and experiences.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-75.0** Activity Areas {#sec-933-75.0 omnilex-key=us-de-regs-official--title-14--933-75.0}
75.1 A licensee shall ensure for children 24 months and older, indoor physical space is organized into activity areas where an identifiable space with related equipment and materials are kept in an orderly fashion. Daily opportunities to use these areas must be documented on the lesson plan. These areas must be accessible to children and include the following areas:
75.1.1 Language and literacy, such as books and writing materials;
75.1.2 Dramatic play, such as play materials, furniture, dress-up, and props;
75.1 3 Construction/Blocks, such as unit blocks and accessories;
75.1.4 Creative arts, such as drawing materials, clay or play dough; and
75.1 5 Manipulative/Mathematics/Problem solving, such as puzzles, small construction toys, or objects to sort.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-76.0** Activity Schedule {#sec-933-76.0 omnilex-key=us-de-regs-official--title-14--933-76.0}
76.1 A licensee shall develop and follow a schedule for each group of children that is posted for easy reference by parents/guardians and staff.
76.1.1 The schedule must list times for the following activities: learning opportunities; active or outdoor play; free choice and staff-directed activities, rest or at least 30 minutes of quiet play, meals, and snacks.
76.1.2 This schedule may be flexible based on the needs and interests of the children.
76.2 Weather permitting, a licensee shall ensure daily outdoor play is provided for infants, toddlers, and older children when the wind chill factor is 32° F or higher or the heat index is 89° F or lower.
76.2.1 Outdoor play during periods outside this temperature range may be determined by the licensee.
76.2.2 Children must be appropriately dressed for the weather.
76.2.3 A licensee shall ensure the guidelines of the National Weather Service (currently www.weather.gov) are followed if an advisory regarding health or safety risks has been issued.
76.2.4 For infants, this may include riding in a stroller or carriage, but must also include opportunities for gross motor development. This may occur on a blanket or other hazard-free space.
76.3 A licensee shall provide opportunities for physical activity for each child one year and older, according to his or her ability.
76.3.1 For every four hours the child is in care between 7 AM and 7 PM, 30 or more minutes of moderate to vigorous physical activity indoors or outdoors must be provided.
76.3.2 Daily active play may happen in one or more blocks of time.
76.3.3 Structured physical activities must be adapted to allow inclusion of children of all abilities.
76.4 A licensee shall ensure screen time activities, such as watching television, using a gaming device, tablet, phone, or computer, are supervised by a staff member, age-appropriate, and educational. Screen time activities require written parent/guardian permission and are limited to one hour or less per day, unless a special event occurs. Children younger than two years are prohibited from participating in screen time activities. Assistive technology is not included in screen time restrictions.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-77.0** Infant and Toddler Care {#sec-933-77.0 omnilex-key=us-de-regs-official--title-14--933-77.0}
77.1 A licensee shall ensure safety gates approved by the American Society for Testing and Materials are used in stairway areas where infants and toddlers are in care.
77.1.1 Gates must have latching devices that adults, but not children, can open easily.
77.1.2 Pressure or accordion gates may not be used.
77.2 A licensee shall provide low chairs and tables, infant seats with trays, or feeding tables with attached seats for table play and mealtime for children no longer being held for feeding. High chairs must have a wide base. A T-shaped safety strap must be used for infant seat with trays, high chairs, feeding tables with attached seats, or other infant seats.
77.3 A licensee shall provide a rocking chair or other comfortable adult-size seating for at least half of the staff members on duty in the infant area.
77.4 A licensee shall ensure children under three years old do not have access to plastic bags except for small bags used in supervised activities. Styrofoam objects/cups/bowls/toys, latex balloons, and objects less than one inch wide are prohibited.
77.5 A licensee shall prohibit the use of walkers unless prescribed by a child's health care provider. A copy of the prescription or medical authorization must be kept in the child's file.
77.6 A licensee shall ensure staff members document an infant's feeding, sleeping, diapering, and other routine activities daily. These records must be shared with the infant's parent/guardian at the end of each day.
77.7 This daily record must include documentation that each infant was checked every 30 minutes when placed in the crib, playpen, or pack-and-play to nap/sleep. Staff members are to observe the infant for normal breathing, signs of distress, and to be ready to respond in case of emergency.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-78.0** Interactions with Infants {#sec-933-78.0 omnilex-key=us-de-regs-official--title-14--933-78.0}
78.1 A licensee shall ensure staff members interact with infants. Staff members shall use activities and interactions, such as those found in the Delaware Early Learning Foundations including the following:
78.1.1 Offering frequent face-to-face interaction with infants when they are awake;
78.1.2 Being held and carried;
78.1.3 Limiting time spent in confining equipment, such as a crib, infant seat, swing, high chair, or playpen, to less than 30 minutes at a time while awake.
78.1.3.1 Other than in a crib, playpen, or pack-and-play, infants must be provided with an age-appropriate activity.
78.1.3.2 After removing the infant from the equipment, the infant must be able to move freely on the floor in a clean area protected from foot traffic;
78.1.4 Providing opportunities for large muscle activities appropriate to the infant's developmental level, such as supervised tummy times for a few minutes, while the infant is awake;
78.1.5 Providing daily outdoor play opportunities as described in subsection 76.2;
78.1.6 Talking with infants during play, feeding, and routine care;
78.1.7 Reading to and looking at books with infants while holding or sitting close to them;
78.1.8 Providing varied materials, sights, sounds, and other experiences for infants to explore with their senses;
78.1.9 Responding to infants' actions, sounds, and beginning language;
78.1.10 Giving names to objects and experiences in the infants' environment;
78.1.11 Providing space and equipment to support infants' developing physical skills, such as rolling over, sitting, scooting, crawling, and standing; and
78.1.12 Providing materials and encouragement for infants' beginning pretend play alone, with other children, and with staff.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-79.0** Interactions with Toddlers {#sec-933-79.0 omnilex-key=us-de-regs-official--title-14--933-79.0}
79.1 A licensee shall ensure staff members interact with toddlers at their eye level, and whenever appropriate, sit on the floor with the toddlers. Staff members shall use activities and interactions, such as those found in the Delaware Early Learning Foundations including the following:
79.1.1 Offering frequent face-to-face interactions with the toddlers;
79.1.2 Having conversations with toddlers during play, feeding, and routine care;
79.1.3 Reading to and looking at books with toddlers individually and in small groups;
79.1.4 Encouraging children to play with one another with adult help;
79.1.5 Providing materials and encouragement for pretend play alone and with other children and staff;
79.1.6 Providing varied materials, sights, sounds, and other experiences for toddlers to explore with all their senses;
79.1.7 Providing opportunities for children to walk, run, climb, stack, balance, scribble, draw, and develop fine and large motor skills, including daily opportunities for outdoor play as described in subsection 76.3;
79.1.8 Limiting time spent in confining equipment, such as a crib, seat, swing, high chair, or playpen, to less than 30 minutes at a time while awake.
79.1.8.1 Toddlers must be provided with an age-appropriate activity.
79.1.8.2 After removing the child from the equipment, the child must be able to move freely on the floor;
79.1.9 Responding to toddlers' words and actions with interest and encouragement;
79.1.10 Giving names to objects and experiences in the toddlers' environment; and
79.1.11 Supporting toddlers' development of independence and mastery of feeding, dressing, and other skills.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-80.0** Interactions with Preschool and School-Age Children {#sec-933-80.0 omnilex-key=us-de-regs-official--title-14--933-80.0}
80.1 A licensee shall ensure staff members interact with preschool-age children at their eye level, and whenever appropriate, sit on the floor with the children. Staff members shall use activities and interactions, such as those found in the Delaware Early Learning Foundations including the following:
80.1.1 Offering frequent face-to-face interactions with children;
80.1.2 Having conversations with children during play, meals, and routine care;
80.1.3 Reading to and looking at books with children individually and in groups;
80.1.4 Using rhymes, songs, and other ways to help children connect sounds and letters and develop other literacy skills;
80.1.5 Helping children develop mathematical and scientific concepts through play, projects, and investigations of the center's environment;
80.1.6 Supporting the development of social competence through play and cooperative work with other children;
80.1.7 Providing materials and encouragement for more extended and complex pretend play alone and with other children and staff;
80.1.8 Providing varied materials, sights, sounds, and other experiences for children to investigate and talk about;
80.1.9 Providing opportunities for children to walk, run, climb, stack, balance, scribble, draw, write, and refine fine and large motor skills, including daily opportunities for outdoor play as described in subsection 76.3;
80.1.10 Responding to children's words and actions with interest and encouragement;
80.1.11 Giving names to objects and experiences in the children's environment; and
80.1.12 Supporting children's development of independence and mastery of skills.
80.2 When caring for school-age children, a licensee shall ensure staff members provide activities, opportunities, materials, and equipment as described in Part VI, Additional Provisions for School-Age Only Centers.
PART VI ADDITIONAL PROVISIONS FOR OVERNIGHT CARE
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-81.0** General {#sec-933-81.0 omnilex-key=us-de-regs-official--title-14--933-81.0}
81.1 Overnight care may be provided by a center licensed to provide only overnight care or as a part of a licensed center.
81.2 A center licensed to provide only overnight care is exempt from Section 53.0.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-82.0** Staffing {#sec-933-82.0 omnilex-key=us-de-regs-official--title-14--933-82.0}
82.1 A licensee shall ensure staff members are awake and supervising sleeping children at all times.
82.2 A licensee shall ensure a single staff member provides no more than 16 hours of care within 24 hours.
82.2.1 This staff member must have at least seven consecutive hours of rest off the center's premises.
82.2.2 No other employment is permitted during the hours of rest.
82.3 A licensee shall ensure when children one year and older are sleeping, at least half of the required staff members are directly supervising the children.
82.4 A licensee shall ensure at least two staff members are present with the children when seven or more children one year and older are present.
82.4.1 The licensee shall have and follow emergency procedures providing immediate access to emergency services and an additional staff when only one staff member is present with children.
82.4.2 When only one staff member is present with the children, the staff member shall have no other responsibilities than providing direct care during that time.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-83.0** Activities {#sec-933-83.0 omnilex-key=us-de-regs-official--title-14--933-83.0}
83.1 A licensee shall ensure a program of activities is provided to children before bedtime.
83.2 A licensee shall ensure each child is given individual attention at bedtime and upon waking. The licensee shall discuss with the parent/guardian any special preferences or habits regarding bedtime and waking and share this information with the staff member in charge of the child.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-84.0** Sleeping Arrangements {#sec-933-84.0 omnilex-key=us-de-regs-official--title-14--933-84.0}
84.1 A licensee shall ensure sleeping children are separated from children who are awake.
84.2 A licensee shall ensure school-age children do not share a dressing area with people of the opposite sex.
84.3 In addition to the sleeping equipment and bedding requirements listed in Section 56.0, a licensee shall provide the following for children sleeping four or more hours at the center between the hours of 10:00 PM and 6:00 AM;
84.3.1 An infant must sleep in a crib, playpen, or pack-and-play;
84.3.2 A child under 18 months old who does not walk must sleep in a crib, playpen, or pack-and-play;
84.3.3 A child between 12 and 18 months old who walks may sleep on a bed with safety rails with written parent/guardian permission;
84.3.4 Children 18 months old and older may sleep in a crib, playpen, or pack-and-play if the child fits comfortably or in an individual bed with a mattress that is covered with sheets and a blanket; and
84.3.5 A pillow with a pillowcase for each child in a bed.
84.4 A licensee shall ensure that each child has clean and comfortable sleeping garments.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-85.0** Bathing and Grooming {#sec-933-85.0 omnilex-key=us-de-regs-official--title-14--933-85.0}
85.1 A licensee shall follow the parents/guardian's wishes regarding bathing the child and note this request in the child's record.
85.1.1 Each child must be bathed individually.
85.1.2 Bathing equipment must be cleaned with soap and water and then sanitized before each use and equipped to prevent slipping.
85.1.3 An infant must be bathed in age-appropriate bathing equipment.
85.1.4 No child may be bathed in a sink used for cleaning dishes or utensils.
85.1.5 Water temperature must be checked to prevent burns or scalding, or for water that is too cold.
85.1.6 Individual towels and washcloths must be provided for each child.
85.2 A licensee shall ensure no child is unsupervised while in a bathtub or shower. A child capable of bathing alone must be allowed to bathe in private with written parent/guardian permission. A staff member must respect that child's privacy but be immediately available to ensure the child's safety and to offer help if requested.
85.3 A licensee shall ensure there is a night light in the toilet room, hallway, and sleeping areas as dictated by the individual needs of the children.
85.4 A licensee shall ensure that combs, toothbrushes, brushes, and other personal items are labeled with the child's name, stored separately, and used only by that child.
PART VII ADDITIONAL PROVISIONS FOR SCHOOL-AGE ONLY CENTERS
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-86.0** General {#sec-933-86.0 omnilex-key=us-de-regs-official--title-14--933-86.0}
86.1 School-age care may be provided by a school-age center that offers care, education, protection, supervision, or guidance for only school-age children before or after-school, during school holidays, or summer months.
86.2 A school-age center must follow all regulations contained in this document except for the following from which they are exempt:
86.2.1 Section 22.0 (Breast Feeding);
86.2.2 Subsection 26.5 (Staffing Ratio);
86.2.3 Subsection 49.7 (General Safety Practices - Outlet Covers);
86.2.4 Section 42.0 (Documenting Children's Progress);
86.2.5 Section 56.0 (Sleeping accommodations; unless there are children who nap/sleep at the school-age center);
86.2.6 Subsection 57.2 (Equipment);
86.2.7 Section 61.0 (only Diapering);
86.2.8 Sections 71.0 and Section 72.0 (Infant and Toddler Food and Nutrition);
86.2.9 Section 74.0 Lesson Plans through Section 80.0; and
86.2.10 School-age only programs located in a public or private school are exempt from the covered trashcan requirement found in subsection 49.12.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-87.0** School-Age Staff Qualifications {#sec-933-87.0 omnilex-key=us-de-regs-official--title-14--933-87.0}
87.1 School-Age Administrator
87.1.1 A licensee shall ensure a school-age administrator is at least 21 years old and is fully qualified as an early childhood administrator with at least 15-clock-hours of accepted training in school-age care or meets the following education requirements:
87.2 School-Age Site Coordinator
87.2.1 A licensee shall ensure a school-age site coordinator is at least 20 years old and is fully qualified as at least an early childhood curriculum coordinator or meets the following education and experience qualifications:
87.3 School-Age Site Assistant
87.3.1 A licensee shall ensure a school-age site assistant is at least 18 years old and is fully qualified at least as an early childhood assistant teacher or meets one of the following education and experience qualifications:
87.4 School-Age Intern
87.4.1 A licensee shall ensure a school-age intern is at least 16 years of age.
87.4.1.1 A school-age intern may be 15 years old if attending a high school's early childhood education program and enrollment documentation is on file at the center.
87.4.1.2 A school-age intern must be at least four years older than any child in his or her direct care.
87.4.1.3 A school-age intern must always be under the direct observation of at least a school-age site assistant except as stated in subsection 87.4.3.
87.4.1.4 A school-age intern may not be alone with children except as stated in subsection 87.4.3. A school-age intern may count in the staff/child ratio.
87.4.2 A licensee shall ensure a school-age intern meets one of the following qualifications:
87.4.2.1 Successful completion of at least three college or university credits from a regionally accredited college or university in recreation, elementary education, school-age care, or school-age administration;
87.4.2.2 Successful completion of at least 15-clock-hours of quality-assured training in school-age care; or
87.4.2.3 Successful completion of the education requirement for a higher-level school-age position contained in these regulations.
87.4.3 While maintaining required ratios and group size, a qualified school-age intern who is at least 18 years old may be alone with children when:
87.4.3.1 Walking children to or from a bathroom;
87.4.3.2 Walking children to or from receiving first aid treatment;
87.4.3.3 Walking children to or from a bus stop;
87.4.3.4 Walking children from one classroom or area to another within the center; and
87.4.3.5 Supervising an ill child while waiting for pick-up by a parent/guardian.
87.5 School-Age Aide
87.5.1 A licensee shall ensure a school-age aide is at least 16 years of age.
87.5.2 A school-age aide may be 15 years old if attending a high school's early childhood education program and enrollment documentation is on file at the center.
87.5.3 A school-age aide must be at least four years older than a child in his/her direct care.
87.5.4 A school-age aide always must be under the direct observation of at least a school-age site assistant.
87.5.5 school-age aide may not be alone with children.
87.5.6 A school-age aide will count in the staff/child ratio only during the first 12 months of employment at a single center or affiliated center.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-88.0** Staffing {#sec-933-88.0 omnilex-key=us-de-regs-official--title-14--933-88.0}
88.1 A licensee shall ensure a school-age center has a qualified school-age administrator who functions in that role. When a school-age administrator is responsible for more than one center, the school-age administrator is required to visit each school-age center for at least 30 consecutive minutes each week. This visit is to be documented.
88.2 A licensee shall ensure when the school-age administrator is responsible for more than one school-age center, each school-age center has a qualified school-age site coordinator who functions in that role.
88.3 A licensee shall ensure the school-age administrator or school-age site coordinator is present at least 50% of the hours of operation.
88.4 A licensee shall ensure a school-age site coordinator is responsible for no more than two school-age centers.
88.5 A licensee shall ensure a school-age center has at least one school-age site assistant.
88.6 A licensee shall ensure when a school-age administrator or school-age site coordinator is not present at the school-age center, an assigned staff member that at least meets the qualifications of school-age site assistant is present and designated as responsible for the school-age center. This staff member must have documented training in the day-to-day operations of the center and supervision of children and staff.
88.7 When 75% of center’s population consists of school-age children, the center may operate with a school-age administrator and an early childhood curriculum coordinator who are each onsite 20 hours per week when care is provided. Preschool-age and younger children must be supervised by the appropriate early childhood qualified staff members. During the summer months, the early childhood curriculum coordinator shall be onsite 60% of the hours of operation while children are in care.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-89.0** Outdoor Play Area {#sec-933-89.0 omnilex-key=us-de-regs-official--title-14--933-89.0}
89.1 A licensee shall have a safe outdoor play area. This outdoor area must be approved by OCCL. This outdoor space for running and games may be provided at the center or by outings to public or private playgrounds.
89.2 A licensee operating a school-age center at a public or private school may use that school's playground upon approval by OCCL.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-90.0** Snacks and Meals {#sec-933-90.0 omnilex-key=us-de-regs-official--title-14--933-90.0}
90.1 When provided and served by the facility, a licensee shall ensure a nutritious snack comprised of one age-appropriate serving size item from each of two of the food groups as described in these regulations is served to each child in after-school care.
90.1.1 If breakfast is not served at the school-age center, a nutritious snack must be served to each child who is in before school care for more than two hours.
90.1.2 If milk or 100% juice is not included with a snack, water must also be served with that snack.
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
##### **14 Del. Admin. Code § 933-91.0** Child Care Activities {#sec-933-91.0 omnilex-key=us-de-regs-official--title-14--933-91.0}
91.1 A licensee shall ensure that a program of indoor and outdoor activities and supplies and equipment is provided based on the ages and developmental levels of school-age children served.
91.1.1 As described in Section 57.0, supplies and equipment must be adapted to suit the different ages and interests of the school-age children, including books for all reading abilities.
91.1.1.1 There must be enough supplies and equipment to allow children the opportunity to choose activities or materials.
91.1.1.2 There must be a system of sharing high demand items, such as computers, when they cannot be supplied to all children.
91.1.2 Children must have the opportunity to be responsible for choosing, planning, carrying out, and evaluating their own activities depending on their ages. Children must have opportunities to experience many activities that reflect the various communities, languages, and cultures of the children in care.
91.1.3 The daily schedule for school-age children must be posted and include the following opportunities:
91.1.3.1 Moderate to vigorous active physical play, such as games, sports, dancing, running, jumping, climbing, or exploring the environment;
91.1.3.2 Outdoor activities or active physical indoor play when weather conditions do not permit outdoor play; and
91.1.3.3 Socialization, conversation, relaxation, and quiet activities such as board or card games, reading, homework and studying.
91.1.4 In addition to the daily schedule, a licensee shall ensure a monthly activity plan is posted and shows school-age children are working on projects that require extended time to complete in such topics as science, math, social studies, language arts, cooking, drama, creative arts, or music. This monthly activity plan may be included in the daily schedule.
APPENDICES
APPENDIX I
Center Initial License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix I Center Initial License Application.pdf
APPENDIX II
Center Renewal and Relocation License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix II Center Renewal and Relocation License Application.pdf
APPENDIX III
Variance Request
https://regulations.delaware.gov/AdminCode/title14/900/Appendix III Variance Request.pdf
APPENDIX IV
Immunizations
https://regulations.delaware.gov/AdminCode/title14/900/Appendix IV Immunizations.pdf
APPENDIX V
Administration of Medication Self-Training Guide
https://regulations.delaware.gov/AdminCode/title14/900/Appendix V Administration of Medication Self-Training Guide.pdf
APPENDIX VI
Child Meal Patterns
https://regulations.delaware.gov/AdminCode/title14/900/Appendix VI Child Meal Patterns.pdf
APPENDIX VII
Infant Meal Patterns
https://regulations.delaware.gov/AdminCode/title14/900/Appendix VII Infant Meal Patterns.pdf
**History**
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
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- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *24 DE Reg. 267 (09/01/20)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 267 (09/01/20)*
### **934** Regulations for Family and Large Family Child Care Homes
##### **14 Del. Admin. Code § 934-1.0** Legal Basis {#sec-934-1.0 omnilex-key=us-de-regs-official--title-14--934-1.0}
The legal basis for these licensing regulations is in 14 Del.C. §§3001A-3005A.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-2.0** Purpose {#sec-934-2.0 omnilex-key=us-de-regs-official--title-14--934-2.0}
The purpose of these regulations is to protect and support the health, safety, well-being, and positive development of children who receive care in family and large family child care homes. These regulations establish minimum standards that licensed family and large family child care homes are required to follow. A licensee may exceed these regulations set by the Office of Child Care Licensing (OCCL) by joining Delaware Stars for Early Success or by the licensee's own efforts.
PART I GENERAL PROVISIONS
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-3.0** Definition of Terms {#sec-934-3.0 omnilex-key=us-de-regs-official--title-14--934-3.0}
The following words and terms, when used in these regulations, have the following meaning unless the context clearly indicates otherwise:
"Administration of medication certificate" means a document issued by OCCL that gives permission for a staff member to administer medication to children in care as described in the Administration of Medication Self-Study Guide.
"Adult volunteer" means a person at least 18 years old who provides an unpaid service or support to a family or large family home.
"Agreement of understanding" means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance. This document contains requirements the licensee must follow to maintain licensure.
"Applicant" means the individual or entity, such as a company, corporation, business, or agency, seeking a license to operate a family or large family home.
"Associate caregiver" means a staff member who works under the supervision of a caregiver and provides child care at a large family child care home licensed before January 1, 2009. The associate caregiver is renamed large family assistant in these regulations.
"Business day" means a weekday Monday through Friday not including State of Delaware legal holidays that fall on a weekday.
"Capacity" means the total number of children, excluding school-age household members who are attending public or private school, that may be present at 1 time.
"Caregiver" means the staff member responsible for the total program including providing child care at a large family child care home that was licensed before January 1, 2009. The caregiver is renamed large family provider in these regulations.
"Child abuse" means to cause or inflict sexual abuse on a child; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Del.C. §901.
"Child care" means providing care, education, protection, supervision, or guidance of children in a family or large family child care home.
"Child neglect" means the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being as defined in 10 Del.C. §901.
"Child with disabilities" means a child diagnosed by a qualified professional as having a physical, intellectual, emotional, or developmental disability, or chronic medical condition.
"CHU" means the Criminal History Unit in the Department of Services for Children, Youth and Their Families.
"Clock hours" means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance child care skills.
"Complaint investigation" means the process followed by OCCL to investigate accusations that a licensee is not complying with these regulations or applicable laws.
"Compliance review" means an inspection of the home, grounds, and files to determine compliance with these regulations.
"Comprehensive background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history including a search of the National Crime Information Center's National Sex Offender Registry; and a search of state criminal, sex offender, and child abuse and neglect registries, repositories, or databases in the state where the person resides, and in each state in which the person resided during the past 5 years.
"Conference" means a meeting between OCCL and a licensee to discuss serious non-compliance as defined in these regulations or to discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations.
"CPSC" means the U.S. Consumer Product Safety Commission.
"Denial" means the process of refusing to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
"Department" or "DOE" means the Delaware Department of Education.
"Division" means the Division of Family Services within the Department of Services for Children, Youth and Their Families.
"DPH" means the Delaware Division of Public Health.
"Enforcement action" means an action taken by OCCL to promote compliance such as warning of probation, probation, suspension, revocation, or denial.
"Family child care home" or "family home" means a private home in which a licensee lives and provides licensed child care.
"Family child care license" means a document issued by OCCL allowing a person or entity to operate a family home after demonstrating compliance with these regulations and other applicable codes, regulations, and laws.
"Family provider" means the person responsible for the total program including providing child care and managing the administrative aspects of a family child care home.
"Hazardous material" means any item or agent (biological, chemical, radiological, or physical), that has the potential to cause harm to humans, animals, or the environment, by itself or through interaction with other factors.
"Health care provider" means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advance practice nurses or nurse practitioners, and physician assistants.
"Hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant may provide evidence to contest the action.
"Home" means both family and large family child care homes.
"Household member" means a person living in or spending the night in a family or large family home for more than 30 days within a year or a person who has a current driver's license or state-issued identification card showing the address listed on the license application.
"Individualized educational program" or "IEP" means a document written at least yearly which describes the services and supports needed for a child identified for special education usually for a child age 3 years and older.
"Individualized family service plan" or "IFSP" means a document written at least yearly about the required services for an infant or toddler (ages birth to 2 years) with an identified disability.
"Infant" means a child less than 12 months old.
"Large family aide" means the staff member who works under the direct supervision of the large family provider, large family assistant, or substitute and provides child care at a large family home. This staff member may not be alone with children, unless trained in administration of medication and CPR and first aid.
"Large family assistant" means the staff member who works under the supervision of the large family provider and provides child care at a large family home. This staff member may provide direct supervision of a large family aide and meets the qualifications listed in these regulations.
"Large family child care home" or "large family home" means a private home where the licensee resides and provides licensed child care or a non-residential property where a licensee offers licensed child care.
"Large family child care license" means a document issued by OCCL allowing a person or entity to operate a large family home after demonstrating compliance with these regulations and other applicable codes, regulations, and laws.
"Large family provider" means the staff member responsible for the total program including providing child care and, when applicable, managing the administrative aspects of a large family child care home. This staff member may supervise large family assistants, large family aides, and substitutes and meets the qualifications listed in these regulations.
"License" means the document issued by OCCL granting authority to a licensee at the home's location to operate under applicable State laws.
"Licensee" means the individual or entity, such as a company, corporation, business, or agency, legally responsible for a family or large family home.
"Licensing specialist" means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Licensing supervisor" means an OCCL employee who is responsible for supervising licensing specialists. This person may perform regulatory actions and ensures licensing specialists are performing regulatory activities. This person approves complaint investigations, enforcement actions, and licenses.
"Licensure" means the status of a licensee when OCCL issued a child care license when the applicant demonstrated compliance with these regulations and applicable codes, regulations, and laws.
"Office of Child Care Licensing" or "OCCL" means the agency within the Department authorized under 14 Del.C. §§3001A-3005A to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Parent” or “Guardian" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
"Preschool-age child" means a child age 3 through 5 not yet attending kindergarten or a higher grade. If a child is older than age 5 and not attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.
"Private home" means a non-public residence, such as a house, duplex, townhouse, apartment, or mobile home, where a licensee lives and has control over the furnishings and use of space.
"Probation" means an enforcement action initiated by OCCL due to the home being cited for serious non-compliance with these regulations.
"Provisional license" means a license issued for a time-limited period of when a licensee has not achieved regulatory compliance and there is no serious risk to the health, safety, or well-being of children.
"Regulation" means the minimum standard established by OCCL that is required for a particular aspect of child care.
"Revocation" means the process of rescinding a license during the license's effective dates withdrawing permission to operate.
"School-age child" means a child who attends or has attended kindergarten or a higher grade out of the home.
"Secretary" means the Secretary of the Department of Education.
"Section 504 Plan" means a document describing accommodations provided to a child with a disability to ensure full participation at the home.
"Serious injury" means any impact or injury to a child's face or head, or any physical injury that creates a substantial risk of death or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of a body part.
"Serious non-compliance" means an action or actions that violate the terms of a license and presents a significant risk to children. Serious non-compliance includes, but is not limited to the following: child abuse or neglect, excessive non-compliance, failing to admit authorized people into the facility, failing to cooperate with an investigation, failing to disclose household members, failing to report abuse or neglect, improper discipline, improper release of children, improper staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, having no administrator or curriculum coordinator, being over-capacity, participating in fraud or making false statements, safe sleep violations, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs or alcohol, leaving unqualified staff alone with children, failing to complete comprehensive background checks as required, having an unsafe home or environment, violating an agreement of understanding, or refusing to sign an agreement of understanding.
"Staff member" means a licensee, a family provider, a large family provider, a large family assistant, a large family aide, or a substitute. Although substitutes are considered staff members, a licensee is not required to provide a complete staff file for a substitute in a large family home.
"Substitute" means an adult staff member selected by a licensee to provide child care in a family or large family home. The substitute may provide care when a licensee, large family provider, large family assistant, or large family aide is not present due to an emergency or non-emergency situation. The substitute may be present when a licensee or staff member is present but a licensee wants another person to help provide care. OCCL must approve substitutes.
"Supervision" or "direct supervision" (of children or staff members) means a licensee or staff member is physically present in the same room or area, including outside, with children or staff. Supervision of children includes providing watchful oversight and timely attention to children's actions and needs.
"Suspension order" means a notice issued by OCCL directing a licensee to stop providing child care as of a specific date. While the license is suspended, a licensee may not provide child care.
"Toddler" means a child at least 12 months old and less than 36 months old.
"Training" means an organized professional development activity that is accepted by OCCL as designed to develop or enhance the staff member's skills in providing care to children.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
"Youth volunteer" means a person at least 13 years old who provides an unpaid service or support to a family or large family home. OCCL must approve youth volunteers before they begin volunteering.
"Warning of probation" means an enforcement action initiated by OCCL because the home was cited for serious non-compliance.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-4.0** Definition of Regulated Services {#sec-934-4.0 omnilex-key=us-de-regs-official--title-14--934-4.0}
4.1 An individual or entity, such as a company, corporation, business, or agency, may not operate or provide child care services as defined in these regulations unless OCCL issues a family or large family child care license. Until December 31, 2022, anyone who operates a home without a license violates 14 Del.C. §§3001A-3005A, The Delaware Child Care Act, and shall be fined not more than $100 or imprisoned not more than 3 months, or both. Beginning January 1, 2023, anyone who operates a center without a license will be fined not more than $1000 or imprisoned not more than 6 months or both.
4.2 A licensee must designate a qualified, natural person, not an entity, to function as the large family provider at a large family home.
4.3 Family child care is a licensed child care service offered by a person or corporate entity. A licensee provides this service for less than 24 hours per day and children attend without a parent or guardian. A licensee receives payment for services provided. There are 2 types of family child care; a Level I may have a maximum of 5 or 6 children depending on their ages and a Level II may have a maximum of 9 children depending on their ages. Children living in the home who do not attend kindergarten or a higher grade count in these numbers. These regulations describe the ages of children allowed to be present in each type. A licensee provides care, education, protection, supervision, or guidance to children in the licensee’s private home. Child care provided only to a person's own children, grandchildren, nieces, nephews, or stepchildren does not require a family child care license even if payment is received. Child care provided at a child's own home by a nanny or babysitter does not require a child care license.
4.4 Large family child care is a licensed child care service offered by a person or corporate entity. A licensee provides this service for less than 24 hours per day and children attend without a parent or guardian. A licensee receives payment for services provided. A licensee may have a maximum of 12 children. The ages of the children will determine the number of staff needed. Children living in the home who do not attend kindergarten or a higher grade count in these numbers. A licensee provides care, education, protection, supervision, or guidance to children in a private home or non-residential setting. Child care provided only to a person's own children, grandchildren, nieces, nephews, or stepchildren does not require a large family child care license even if payment is received.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-5.0** Authority to Inspect {#sec-934-5.0 omnilex-key=us-de-regs-official--title-14--934-5.0}
5.1 Applicants, licensees, household members, and staff members, if applicable, shall allow immediate access to the home during the hours of operation. This includes access to information, files, documents, and video recordings needed to determine compliance. If there is a question of regulatory compliance, access to unlicensed space must be granted. Access must be granted to officials from OCCL and other State and local agencies to determine compliance with applicable codes, regulations, or laws. A licensee shall ensure agencies providing payment for child care services are also granted access.
5.2 Applicants, licensees, household members, and staff members, if applicable, shall allow and not hinder the interviewing of a licensee, staff member, household member, child in care, or child's parent or guardian by officials from OCCL or other State and local agencies. Interviews will occur to determine compliance with these regulations and other applicable codes, regulations, or laws. A licensee shall cooperate and have staff members cooperate with investigations regarding allegations of child abuse or neglect conducted by the Department of Services for Children, Youth and Their Families.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-6.0** License Requirements {#sec-934-6.0 omnilex-key=us-de-regs-official--title-14--934-6.0}
6.1 A family home licensee must live in and provide care in the licensee’s private residence.
6.2 A large family home licensee may provide care in either the licensee's private residence or a commercial property, if permitted by zoning.
6.3 A license remains the property of OCCL and is not transferable or subject to sale.
6.4 A licensee shall post the license where it is visible to the public.
6.5 When a family or large family child care home is sold, closes, or relocates; or when the license has been suspended or revoked; or the licensee dies; the license immediately becomes not valid.
6.6 OCCL shall issue only 1 license to a single address.
PART II LICENSING PROCESS AND PROCEDURES
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-7.0** Procedures for Initial Licensure {#sec-934-7.0 omnilex-key=us-de-regs-official--title-14--934-7.0}
7.1 An applicant shall complete the following steps and submit the following information to OCCL when seeking a license:
7.1.1 Attend OCCL's information session and orientation to learn the application process and regulations;
7.1.2 Submit a completed Family Child Care Home Initial License Application (see Appendix I) or a Large Family Child Care Home Initial License Application (see Appendix II), as applicable, which includes:
7.1.2.1 Applicant's name, address, email, and phone numbers;
7.1.2.2 Applicant's references: for corporations contact information for officers; for LLCs contact information for managing member;
7.1.2.3 Previous licensure information, if applicable;
7.1.2.4 Program information (including ages of children to be served);
7.1.2.5 Household members; and
7.1.2.6 Certifications that include:
7.1.2.6.1 Agreement to comply with federal and State laws and regulations including, but not limited to, the Americans with Disabilities Act and Delaware Equal Accommodations Law;
7.1.2.6.2 Statement that information supplied is true and correct; and
7.1.2.6.3 Acknowledgment that OCCL is required to make a thorough investigation of the applicant.
7.1.3 Submit the following items to OCCL:
7.1.3.1 Proof of compliance with zoning codes, and, if applicable, other codes, regulations, guidelines, or laws, such as those from Division of Revenue, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
7.1.3.2 Documentation that the home is free of lead-based paint hazards. Homes constructed in or after 1978 are exempt from lead-paint risk assessments and testing:
7.1.3.2.1 If the home were constructed before 1978, an applicant or licensee shall provide a lead-paint risk assessment performed by an environmental testing firm certified by DPH showing the home to be free of lead-paint hazards.
7.1.3.2.2 If lead paint is identified but intact (i.e. not chipping, flaking, or peeling), the licensee shall monitor the identified areas at least every 6 months and document that the lead-based paint is intact (in good repair and not deteriorated). Lead-based paint is not regarded as a hazard if it is intact or not present in an accessible surface, a friction surface, or an impact surface that could result in an adverse human health effect.
7.1.3.3 If lead-paint hazards are identified in the risk assessment, the applicant or licensee shall remedy the hazards by hiring a lead-safe contractor (lead abatement or renovation firm) certified by DPH to make the repairs.
7.1.3.3.1 Once the repairs are made, a lead-dust clearance inspection must be performed by an environmental testing firm certified by DPH to confirm the home is free of lead-based paint hazards.
7.1.3.3.2 An applicant or licensee shall provide the lead-dust clearance testing results to OCCL within 5 business days to confirm the home is free of lead-based paint hazards.
7.1.3.3.3 Children may not be present during repairs and the home must stay closed until the results of the dust clearance test are at appropriate levels and the lead-safe contractor states it is safe for the home to be open.
7.1.3.4 If any lead-based paint identified in a risk assessment becomes deteriorated or if lead-based paint is located in an area to be remodeled, a licensee shall retain a contractor certified by DPH to work using lead-safe work practices (lead abatement or lead renovator) to perform any renovation or repair in a pre-1978 child-occupied facility:
7.1.3.4.1 Records of any renovation or repair work must be forwarded to OCCL within 5 business days.
7.1.3.4.2 Children may not be present during repairs or renovation until a lead dust clearance test is obtained and the lead-safe contractor states it is safe for the home to be open.
7.1.3.5 Evidence showing each room used for child care to be free of radon hazards using the Environmental Protection Agency's guidelines:
7.1.3.5.1 Testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.
7.1.3.5.2 If testing indicates a radon level over 4.0 pCi/L, radon mitigation according to industry standards must occur or a long-term radon test (90-120 days) must indicate a level less than 4.0 pCi/L.
7.1.3.6 Fire marshal approval for the plans and inspection of the home from a State fire marshal or designated fire marshal when located within the city limits of Wilmington, Newark, New Castle, or Dover;
7.1.3.7 Electrical inspection of the home conducted by a State fire marshal recognized electrical inspection agency;
7.1.3.8 Current certifications in CPR including a skills demonstration and first aid for the ages of the children in care. Applicants for large family homes are exempt from this requirement if not serving as a staff member;
7.1.3.9 The names, addresses, phone numbers, and email addresses for 3 references who are familiar with, but not related to, the applicant and can describe the applicant's interactions with children;
7.1.3.10 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past 5 years. If an applicant has no former employer, the applicant shall provide information for 2 more references;
7.1.3.11 Comprehensive background checks for the applicant, adult household members, substitutes, staff members, and adult volunteers including State and federal fingerprint checks;
7.1.3.11.1 In addition to the Delaware fingerprinting, applicants, adult household members, substitutes, staff members, and adult volunteers who currently reside outside of Delaware must contact their state of residence and complete a fingerprinted state criminal history search and a name-based child abuse and neglect search.
7.1.3.11.2 Applicants, adult household members, substitutes, staff members, and adult volunteers who have resided outside of Delaware in the last 5 years must contact each state of residence, and request a criminal history search and a child abuse and neglect search.
7.1.3.11.3 After the out-of-state searches are completed, the applicant must submit the results immediately to CHU.
7.1.3.11.4 The person may not be alone with children until CHU notifies the licensee of the person's eligibility after completing the comprehensive background check.
7.1.3.11.5 When OCCL has a reason to believe the health, safety, or welfare of a child in care may be at risk, OCCL may request parent or guardian permission for a comprehensive background check on a child household member and other medical, psychological, counseling, school, and probation records. OCCL may obtain information from the Department of Services for Children, Youth and Their Families;
7.1.3.12 Documentation of any case where the applicant gave up or lost custody of a child, if applicable;
7.1.3.13 Health appraisals for the applicant, all adult household members, and the substitute completed within 1 year before the application date that includes a tuberculosis "TB" test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or others. The TB test or medical professional risk assessment must be completed within 1 year before the application date. This appraisal must confirm the person's health and document medical or physical conditions that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children;
7.1.3.14 Health appraisals for child household members;
7.1.3.15 State business license or verification of tax-exempt status;
7.1.3.16 Sample 2-week menu, if providing meals or snacks (if using a catering service, a copy of the caterer's food establishment permit); and
7.1.3.17 Documentation of completion of pre-service training in the following topics, if the applicant will work with children:
7.1.3.17.1 Six hours of quality-assured child development;
7.1.3.17.2 Three hours of quality-assured positive behavior supports or social-emotional development;
7.1.3.17.3 OCCL's approved Health and Safety Training for Child Care Professionals that includes the following topics:
7.1.3.17.3.1 Prevention and control of communicable diseases, including immunization;
7.1.3.17.3.2 Safe sleep practices, including prevention of sudden infant death syndrome;
7.1.3.17.3.3 Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment;
7.1.3.17.3.4 Prevention of and response to emergencies due to food and allergic reactions;
7.1.3.17.3.5 Building and physical grounds safety;
7.1.3.17.3.6 Emergency preparedness and response planning;
7.1.3.17.3.7 Handling and storage of hazardous materials and bio-contaminants;
7.1.3.17.3.8 Administration of medication; and
7.1.3.17.3.9 Safety measures in transporting children.
7.1.3.17.4 Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law, and reporting requirements (certificate required).
7.1.3.18 Landlord approval, if renting;
7.1.3.19 Emergency plan; and
7.1.3.20 Large family applicants shall complete the additional requirements for large family homes as listed in Sections 60.0 through 70.0.
7.2 Upon receipt of the completed application and required information, a licensing specialist shall:
7.2.1 Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations;
7.2.2 Make a recommendation for licensure. If a license is granted, it will be a 6-month initial provisional license; and
7.2.3 Notify the applicant as stated in subsection 12.4.2 if an initial provisional license to operate is denied.
7.3 A licensing specialist shall conduct a compliance review at the home before the expiration of the initial provisional license. Once this review is completed, OCCL will issue a provisional or annual license depending upon whether full compliance is obtained. This license will be valid for 6 months.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-8.0** License Renewal {#sec-934-8.0 omnilex-key=us-de-regs-official--title-14--934-8.0}
8.1 A licensee shall submit a completed Family Child Care Home Renewal License Application (see Appendix III) or a Large Family Child Care Home Renewal License Application (see Appendix IV), as applicable, to OCCL at least 60 days before the current license expires that includes the following unless previously submitted:
8.1.1 Health appraisals for new substitutes, new household members, and household members who turned 18 during the previous licensing year completed within 1 year before the application that includes a TB test or medical professional risk assessment that was also completed within 1 year before the application date and verifies the person does not pose a threat of transmitting tuberculosis to children or other staff. Written evidence of follow-up of any known health conditions for the licensee, substitutes, or household members that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children;
8.1.2 Fingerprinting receipts for any new substitute, new adult household members, and household members who turned 18 during the previous licensing year;
8.1.3 12 hours of annual training submitted before the license expires, if a family child care provider;
8.1.4 Current first aid and CPR cards;
8.1.5 Electrical inspection by an approved inspector conducted within the last 3 years;
8.1.6 A sample 2-week menu of meals or snacks, if meal service has changed;
8.1.7 Certificate of comprehensive general liability insurance, if a large family home;
8.1.8 A copy of the current State business license, unless tax-exempt verification is provided; and
8.1.9 Radon testing performed in each room used for child care once within the last 5 years between the months of October and March and within 6 months after any remodeling, renovations, or construction as stated in subsection 27.2.
8.2 Applications received less than 60 days before the license expiration will be cited as late on the compliance review.
8.3 When a licensee applies on time, the existing license will not expire until OCCL makes a decision on the renewal application.
8.4 When a licensee applies after the license expires, if approved, the new license will start the date OCCL received the application. A license will not be backdated.
8.5 A licensing specialist or licensing supervisor shall verify during an unannounced annual compliance review that the licensee complies with these regulations.
8.5.1 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.
8.5.2 Within 5 days of the citation, a licensee may dispute citations by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
8.5.2.1 A licensee may provide evidence that the home was wrongly cited.
8.5.2.2 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
8.6 OCCL will issue 1 of the following types of licenses:
8.6.1 An annual license for 12 months when the licensee is in full compliance with the regulations;
8.6.2 A provisional license when the licensee is unable to achieve full compliance before the current license expires and the licensee agrees to comply with the corrective action plan; or
8.6.3 A license extension when compliance has not been determined through no fault of the licensee.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-9.0** Relocation {#sec-934-9.0 omnilex-key=us-de-regs-official--title-14--934-9.0}
9.1 When possible, a licensee planning to relocate shall notify OCCL at least 60 days before a planned relocation of a home. A licensee shall submit a completed Family Child Care Home Relocation License Application (see Appendix V) or a Large Family Child Care Home Relocation License Application (see Appendix VI), as applicable. A licensee shall complete the appropriate relocation application and submit the following information on the new location to OCCL before a licensing specialist conducts a compliance review:
9.1.1 If renting the home, landlord approval for the home to be used for child care;
9.1.2 Fire marshal approval for the plans and inspection of the home;
9.1.3 Proof of an electrical inspection of the home conducted by a State fire marshal recognized electrical inspection agency;
9.1.4 Lead-paint risk assessment and requirements of subsections 7.1.3.2 through 7.1.3.4, if the home were built before 1978;
9.1.5 Proof of compliance, if applicable, from the appropriate regulatory bodies governing zoning, building construction, plumbing, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
9.1.6 Emergency plan; and
9.1.7 Radon testing and mitigation, if necessary, as described in subsection 7.1.3.5.
9.2 A licensee may not provide child care at the new location until OCCL issues a license at the new address.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-10.0** Regulation Variance {#sec-934-10.0 omnilex-key=us-de-regs-official--title-14--934-10.0}
10.1 An applicant or licensee shall comply with all regulations unless the applicant or licensee requests a variance from OCCL and receives approval.
10.2 The applicant or licensee shall describe on a written variance request form, (see Appendix VII), how the applicant or licensee will meet the intent of a specific regulation in a different way from the way the regulation states.
10.2.1 The change may not endanger the health, safety, or well-being of children in care.
10.2.2 The licensee shall keep the variance approval and make it available on request. A variance is valid only for this licensee. If the licensee fails to comply with the variance, OCCL will cancel the variance and require the licensee to comply as the regulation states.
10.2.3 A variance denial may be appealed by requesting a conference with OCCL.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-11.0** Complaints {#sec-934-11.0 omnilex-key=us-de-regs-official--title-14--934-11.0}
11.1 OCCL shall investigate when a complaint is received regarding a possible violation of these regulations.
11.2 OCCL shall notify the licensee or a staff member that a complaint is being investigated at an unannounced visit.
11.3 OCCL shall report the results of the investigation in writing.
11.4 If the complaint is substantiated or if other violations are found during the investigation, a licensee shall correct the violations and come into compliance with these regulations.
11.4.1 Within 5 days of receiving the complaint investigation report, a licensee may dispute citations or findings by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
11.4.2 A licensee may provide evidence that the home was wrongly cited.
11.4.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
11.5 Complaints relating specifically to laws, rules, or regulations of other governmental entities (including but not limited to the Americans with Disabilities Act and Delaware Equal Accommodations Law) may be investigated by OCCL if the violation of those laws, rules, or regulations also constitutes a violation of DELACARE Regulations. OCCL may refer these complaints to the appropriate entity, charged with enforcement authority, for investigation. At the time of the referral, OCCL shall request a report of the findings. OCCL shall assist the complaining party with the referral process or make the referral itself, as appropriate. OCCL may coordinate investigation with the other entity's investigation. OCCL may adopt another enforcement entity's findings as the basis for an OCCL enforcement action.
11.6 An investigation by the Department of Services for Children, Youth, and Their Families' Institutional Abuse Unit will be made if a complaint is received regarding the abuse or neglect of a child at the home by a staff member or household member.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-12.0** Enforcement Actions {#sec-934-12.0 omnilex-key=us-de-regs-official--title-14--934-12.0}
12.1 To maintain licensure, a licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan or an enforcement action.
12.1.1 An enforcement action, such as warning of probation, probation, suspension, revocation, or denial of a license application, may be initiated by OCCL when a licensee fails to comply with a corrective action plan or agreement of understanding, or has been cited for serious non-compliance.
12.1.2 A licensee may appeal a pending enforcement action by requesting a hearing within 10 business days of notification of OCCL's decision to impose the action.
12.1.2.1 This appeal request may be written or verbal for warning of probation or probation. All other appeal requests must be provided by the applicant or licensee in writing.
12.1.2.2 A licensee may provide evidence that the home was wrongly cited.
12.2 License Suspension
12.2.1 OCCL may immediately suspend a license if the health, safety, or well-being of children in care is in serious or imminent danger.
12.2.1.1 A suspension order requires the licensee to immediately stop providing child care. Absent extenuating circumstances, a suspension order shall be in writing.
12.2.1.2 If a verbal suspension order is provided, it will be followed by a hand-delivered written suspension order by 11AM the following business day.
12.2.1.3 A written suspension order must state the reason or reasons for the enforcement action.
12.2.1.4 If a suspension is issued due to an Institutional Abuse or law enforcement investigation, the license will remain suspended until the resolution of the investigation.
12.2.2 Within 10 business days of OCCL issuing the written order, the licensee may choose to close permanently, remain suspended until the reason for the suspension has been corrected, or remain suspended and request a hearing in writing.
12.2.3 A hearing must be scheduled and held within 10 business days of the licensee's written request for a hearing.
12.2.3.1 A hearing officer with no previous involvement in the matter must be assigned by the Associate Secretary of Early Childhood Support.
12.2.3.2 The hearing officer may allow delays in the hearing only for good cause.
12.2.3.3 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision.
12.2.3.4 The licensee will be notified in writing of the decision of the Secretary. The decision will become final 10 business days after it is mailed or delivered to the licensee.
12.2.4 A licensee dissatisfied with the Department's decision for suspension may file an appeal within 30 business days of the mailing or delivery of the decision notice.
12.2.4.1 A licensee appeals to the Delaware Superior Court in the county where the home is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
12.2.4.2 A licensee shall supply a copy of the appeal to the Department.
12.2.4.3 The licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
12.2.4.4 The final decision of the Secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
12.3 Warning of Probation or Probation
12.3.1 OCCL may place a home on warning of probation or probation when serious non-compliance is cited.
12.3.1.1 OCCL shall notify the licensee in writing of the reasons it intends to place the home on warning of probation or probation.
12.3.1.2 This letter will describe how a licensee may appeal the decision by requesting a hearing to present information that the cited violations are not valid.
12.3.1.3 Warning of probation may initially last up to 6 months and may be renewed. Probation may initially last up to 1 year and may be renewed.
12.3.2 Within 10 business days of receiving the written notice, the licensee shall request a hearing or accept the enforcement action.
12.3.3 A hearing must be held within 30 calendar days of the hearing request.
12.3.3.1 The Department will assign a hearing officer with no previous involvement in the matter.
12.3.3.2 A hearing officer may allow delays in the hearing only for good cause.
12.3.4 After a hearing officer makes a recommendation regarding warning of probation, OCCL’s director determines whether to adopt the recommendation and makes a final decision. After a hearing officer makes a recommendation regarding probation, the Associate Secretary of Early Childhood Support determines whether to adopt the recommendation and makes a final decision. OCCL shall notify the licensee in writing of the decision.
12.3.5 A licensing specialist shall conduct unannounced visits during the enforcement period to ensure compliance with these regulations is maintained.
12.3.5.1 The findings will be reported to the licensee in writing.
12.3.5.2 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.
12.3.5.2.1 Within 5 days of the citation, a licensee may dispute citations by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
12.3.5.2.2 A licensee may provide evidence that the facility was wrongly cited.
12.3.5.2.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
12.3.6 Failure to comply with licensing regulations while on warning of probation or probation may result in having the enforcement action extended or heightened.
12.3.7 A licensee may not increase the licensed capacity or receive a new license at an additional site while on an enforcement action or when issued a notice regarding OCCL's intent to place the home on an enforcement action.
12.4 Denial of a License Application or Revocation
12.4.1 OCCL may deny a license application or revoke a license for good cause, including but not limited to the following:
12.4.1.1 Failure to comply with applicable provisions of federal, State, or local laws or of these regulations;
12.4.1.2 Violation of the terms or conditions of its license;
12.4.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the home;
12.4.1.4 Refusal to furnish OCCL with files, reports, or records as required by the law;
12.4.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the home during operating hours;
12.4.1.6 Engaging in any activity, policy, practice, or conduct by the licensee, staff member, or household member that adversely affects or is deemed by OCCL to be detrimental to the education, health, safety, or well-being of children; or
12.4.1.7 Conduct that otherwise demonstrates unfitness by the licensee, staff member, or household member to operate or reside in a home.
12.4.2 OCCL shall notify the applicant or licensee in writing of the reasons it intends to deny a license application or revoke a license. This letter will describe how an applicant or licensee may appeal the decision by requesting a hearing to present information that the cited violations or reasons for the denial are not valid.
12.4.2.1 Within 10 business days of receiving the written notice, the applicant or licensee shall request a hearing in writing or accept the denial or revocation and close within the time stated in the notice.
12.4.2.2 If an applicant or licensee does not make a timely request for a hearing as stated in subsection 12.4.2.1, the denial or revocation will take effect 30 business days after receiving the written notice from OCCL.
12.4.3 A hearing must be held within 30 calendar days of the hearing request.
12.4.3.1 The Department will assign a hearing officer with no previous involvement in the matter.
12.4.3.2 A hearing officer may allow delays in the hearing only for good cause.
12.4.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the Department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.
12.4.5 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision. The applicant or licensee will be notified in writing of the decision. The decision will become final 10 business days after it is mailed or delivered to the applicant or licensee.
12.4.6 An applicant or licensee who is dissatisfied with the Department's decision regarding revocation or denial may file an appeal within 30 business days after the mailing or delivery of decision notice.
12.4.6.1 The applicant or licensee appeals to the Delaware Superior Court in the county where the home is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
12.4.6.2 The applicant or licensee shall supply a copy of the appeal to the Department.
12.4.6.3 The applicant or licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
12.4.6.4 The final decision of the Secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
12.4.7 When a license has been revoked or an application has been denied, the licensee, applicant, household member, large family provider, or large family assistant may not apply for a license from OCCL for 3 years from the date that the revocation or denial was upheld. In addition, a household member or large family provider will not be issued a license during this 3-year period.
PART III REQUIREMENTS FOR FAMILY AND LARGE FAMILY CHILD CARE HOMES
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-13.0** General Requirements {#sec-934-13.0 omnilex-key=us-de-regs-official--title-14--934-13.0}
13.1 A licensee and staff members shall be able to read, understand, and follow these regulations.
13.2 A licensee, household and staff members, may not have convictions, current indictments, outstanding warrants, or substantial evidence of involvement in an activity involving violence against a person; child abuse or neglect; possession, sale, or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; or serious violations of accepted standards of honesty or ethical behavior. OCCL may at its own discretion, make exceptions when it is documented that the health and safety of children would not be endangered except as prohibited by the Child Protection Registry law as defined by 29 Del.C. §923.
13.3 An applicant may not be licensed and a licensee may not own a child care home if the applicant or licensee is prohibited by law from working in child care or is determined ineligible under the DELACARE Regulations - Background Checks for Child-Serving Entities. Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care.
13.3.1 In addition, a licensee may not employ or keep in any capacity a household member or other person with direct access to children if:
13.3.1.1 Convicted of a prohibited offense, for the time listed in 31 Del.C. §309;
13.3.1.2 Determined ineligible under the DELACARE Regulations - Background Checks For Child-Serving Entities;
13.3.1.3 Active on the Delaware Child Protection Registry for a Level III or Level IV substantiation of abuse or neglect; or
13.3.1.4 Convicted of a prohibited offense, as defined in the federal Child Care Development Block Grant Act.
13.4 When known, a licensee may not employ or keep in any capacity a person with direct access to children whose child or children are currently or were permanently removed from the person’s custody because of abuse, neglect, or dependency.
13.4.1 A person who has given up or otherwise lost custody of the person’s children for reasons other than abuse, neglect, or dependency shall present documentation to OCCL regarding the circumstances of this event.
13.4.2 OCCL will determine whether this individual may work or be present at the home.
13.4.3 After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations - Background Checks for Child Serving Entities, is entitled to an administrative review for reconsideration. If the person requests an administrative review, the licensee and the person shall be bound by the final decision of the administrative review.
13.5 A licensee shall ensure before a person becomes a household member, staff member, or adult volunteer or within 5 days of a household member turning 18 years old, the person is fingerprinted by the Delaware State police for a Delaware SBI and FBI check. Beginning January 1, 2023, a licensee shall ensure before a person becomes a household member, staff member, or adult volunteer, the person is fingerprinted and the licensee has received an eligibility determination or a provisional eligibility notification before the person is present at the home.
13.5.1 Staff members shall provide the fingerprint verification form to the licensee before working with children. Beginning January 1, 2023, a licensee shall ensure before a person becomes a staff member, the person is fingerprinted and the licensee has received an eligibility determination or a provisional eligibility notification before the person is present at the home.
13.5.2 In addition to the Delaware fingerprinting, staff members and adult volunteers who currently reside outside of Delaware must contact their state of residence and complete a fingerprinted state criminal history search and a name-based child abuse and neglect search.
13.5.3 Staff members, household members, and adult volunteers who have resided outside of Delaware in the last 5 years shall contact each state of residence and request a criminal history search and a child abuse and neglect search.
13.5.4 After the out-of-state searches are completed, the licensee shall submit the results immediately to the CHU.
13.5.5 Until CHU determines a person eligible and sends an approval notice, a staff member or household member must be supervised at all times by a person who has completed the background check process and been determined eligible.
13.5.6 A staff member or adult household member may not be alone with children until CHU reviews the comprehensive background check and determines eligibility.
13.5.7 Staff members, household members, and adult volunteers shall have comprehensive background checks conducted every 5 years.
13.6 Within 30 days of becoming a household or staff member or a household member turning 18 years old, a licensee must provide documentation of a health appraisal conducted within the past year including a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff to OCCL. The TB test or medical professional risk assessment must be completed within the past year.
13.7 A licensee shall ensure adult volunteers who are present for more than 5 days or 40 hours per year provide to the licensee a health appraisal including a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff.
13.7.1 The health appraisal and TB test or medical professional risk assessment must be completed within 1 year before the adult volunteer’s start date.
13.7.2 This appraisal must confirm the person's health and document medical or physical conditions that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children.
13.7.3 A licensee shall keep this appraisal on file at the home.
13.8 A licensee shall ensure an adult or youth volunteer is not alone with children.
13.9 When a concern arises, a licensee shall ensure a staff or household member provides or allows the release of information to OCCL to determine that the person does not pose a direct threat to the health, safety, or welfare of a child. OCCL may request medical, psychological, counseling, school, and probation records. OCCL may obtain information from the Department of Services for Children, Youth and Their Families.
13.10 A licensee shall ensure a staff member or household member with known health concerns that pose a direct threat to the health and safety of children provides documentation to OCCL from a health care provider. This documentation must state that the person may have direct access to or work with children and any reasonable accommodations that may be required.
13.11 A licensee shall ensure a staff or household member diagnosed or treated for a mental illness that poses a direct threat to the health and safety of children provides documentation to OCCL from a health care provider. This documentation must state that the person may have direct access to or work with children and any reasonable accommodations that may be required.
13.12 Any person present in the home may not drink alcohol or be under the influence of alcohol or illegal drugs when children are in care. Illegal drugs or substances, or non-prescribed controlled substances are prohibited from being in the home. A licensee shall ensure that the use of drugs that could adversely affect the ability to care for children is prohibited in the home.
13.13 A licensee who is working as a staff member shall have no other job during child care hours.
13.14 A licensee shall ensure providing care is the focus during the hours of care. A licensee may not take part in or allow the staff members to take part in activities that distract from providing care during that time. Examples of distracting activities include, but are not limited to, socializing or entertaining; using or watching electronics; except for communicating for business reasons; doing intensive housework, chores, home repairs, or remodeling tasks; or working on hobbies or crafts.
13.15 A family or large family provider may not provide direct care for a person recovering from a long-term illness or surgery requiring nursing care at the home during the hours children are in care.
13.16 A licensee may not provide foster care or kinship care for children or adults without OCCL's prior written approval.
13.16.1 This approval must be updated annually.
13.16.2 OCCL shall count preschool-age or younger foster care or kinship care children in the capacity of the home even if they attend care somewhere else.
13.17 A licensee or staff member shall supervise a child in care at all times.
13.18 A licensee shall ensure children are not responsible for child care duties.
13.19 The maximum number of children allowed to be present at any given time will be determined by the family licensee's or large family provider's experience and qualifications, the ages of the children living in the home, the amount of usable child care space, and fire marshal and zoning limitations.
13.20 A licensee shall ensure parents and guardians can enter areas of the home used for care when their children are in care.
13.21 A licensee and staff members shall be able to do the following:
13.21.1 Understand and respect children and their families and cultures;
13.21.2 Meet the needs of children;
13.21.3 Supervise children to ensure their safety during all activities;
13.21.4 Support children's physical, intellectual, social, and emotional growth;
13.21.5 Deal with emergencies in a calm manner; and
13.21.6 Use positive behavior supports.
13.22 A licensee shall be truthful when providing information and shall direct all staff members to do the same.
13.23 A licensee shall follow all federal, state, and local laws and regulations.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-14.0** General Capacity {#sec-934-14.0 omnilex-key=us-de-regs-official--title-14--934-14.0}
14.1 Preschool-age or younger household members count toward the capacity even if they attend care somewhere else.
14.2 Any child preschool-age or younger present at the home counts toward the capacity.
14.3 School-age household members, ages 5 to 12 years of age, not attending school outside of the home count toward the capacity as preschool-age children.
14.4 School-age household members attending school outside of the home do not count toward the capacity.
14.5 Each school-age household member may have no more than 2 school-age friends visit during child care hours.
14.5.1 These friends do not count toward capacity unless present with the children in care.
14.5.2 The licensee may not be paid for the care of these friends.
14.6 School-age children not living in the home and present at the home count toward the capacity unless visiting a school-age household member in an area or space separate from the children in care.
14.7 School-age children may only attend before school, after school, during school holidays, and during school vacations.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-15.0** Use of a Substitute {#sec-934-15.0 omnilex-key=us-de-regs-official--title-14--934-15.0}
15.1 A licensee shall arrange for a substitute who is at least 18 years old.
15.1.1 This substitute may be available to assist in non-emergency situations but must be available in case of an emergency. OCCL defines an emergency as an unplanned event, such as a serious or sudden illness, accident, or situation, requiring the immediate attention of a licensee.
15.1.2 The substitute and licensee may both be present at the home; however, a licensee shall provide the majority of the child care duties.
15.2 A licensee shall post the substitute's name and phone number in the home and provide this information to OCCL.
15.3 A licensee shall document on the form provided by OCCL that substitutes used only for emergencies receive training in the following topics before working with children:
15.3.1 DELACARE Regulations;
15.3.2 Policies and procedures of the home including special health care concerns of the children in care, such as allergies;
15.3.3 Emergency preparedness and disaster and evacuation plans;
15.3.4 Safe sleep practices, including prevention of sudden infant death syndrome, if caring for infants;
15.3.5 Recognition of the symptoms of child abuse and neglect; and
15.3.6 Child abuse and neglect laws and reporting requirements.
15.4 A licensee shall document on the form provided by OCCL that substitutes used for non-emergency situations receive training in the following topics before working with children:
15.4.1 DELACARE Regulations;
15.4.2 Policies and procedures of the home;
15.4.3 Emergency preparedness and disaster and evacuation plans;
15.4.4 OCCL's approved Health and Safety Training for Child Care Professionals including the following topics (certificate required):
15.4.4.1 Safe sleep practices including prevention of sudden infant death syndrome, if caring for infants;
15.4.4.2 Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment;
15.4.4.3 Prevention of and response to emergencies due to food and allergic reactions;
15.4.4.4 Prevention and control of communicable diseases, including immunization;
15.4.4.5 Building and physical grounds safety;
15.4.4.6 Handling and storage of hazardous materials and proper disposal of bio-contaminants;
15.4.4.7 Administration of medication; and
15.4.4.8 Safety measures in transporting children.
15.4.5 Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law, and reporting requirements (certificate required);
15.4.6 CPR and first aid certifications; and
15.4.7 Administration of Medication certification.
15.5 A licensee shall keep a copy of the substitute's health appraisal, comprehensive background check results showing eligibility, and orientation record on file at the home. Also, a licensee shall ensure substitutes used for non-emergency situations have the following certificates on file:
15.5.1 Administration of medication;
15.5.2 CPR including a skills demonstration;
15.5.3 First aid;
15.5.4 OCCL's Health and Safety Training for Child Care Professionals; and
15.5.5 Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law, and reporting requirements.
15.6 A licensee shall ensure the substitute has access to each child's file, knows special or emergency information about each child, and keeps all children's information private.
15.7 The substitute may provide care in the home in the absence of a licensee, or if applicable, the large family provider or large family assistant. A licensee does not need to inform OCCL or receive approval to use a substitute in the following situations:
15.7.1 Emergencies as defined in subsection 15.1;
15.7.2 Medical appointments;
15.7.3 School appointments; or
15.7.4 Time off for less than 5 days in a row.
15.8 The substitute may provide care in the home in the absence of a licensee, large family provider, or large family assistant. A licensee shall inform OCCL and receive approval to use a substitute in the following situations:
15.8.1 Training or classes held for 3 or more sessions;
15.8.2 Student teaching;
15.8.3 Internship or practicum to meet qualifications or annual training; or
15.8.4 Time off for 5 or more days in a row.
15.9 Before using a substitute, a licensee shall tell the parent or guardian who the substitute is and when the substitute will be caring for the children, unless it is an emergency.
15.10 A licensee shall record the date and times a substitute is present and is helping with the children or providing care. A licensee shall maintain this record for at least 3 months.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-16.0** Notification to OCCL {#sec-934-16.0 omnilex-key=us-de-regs-official--title-14--934-16.0}
16.1 The licensee shall immediately call the 24-Hour Child Abuse Report Line (currently listed as 1-800-292-9582) when a child in care dies. After this call, a licensee shall immediately notify OCCL.
16.2 A licensee shall call OCCL and speak to someone within 1 business day during business hours (leaving a message is not acceptable) in the event of:
16.2.1 A fire, flood, or other disaster causes damage that affects the home's ability to operate safely;
16.2.2 Injury of a child or accidental ingestion of a medication or drug by a child while in the care of the home when the licensee is informed the child required medical or dental treatment other than any first aid provided at the home. A licensee shall follow this call with a written report within 3 business days;
16.2.3 The phone number of the home changes (must also notify each child's parent or guardian and staff members);
16.2.4 Suspected abuse or neglect of a child while in care (after reporting the suspicion to the 24-Hour Child Abuse Report Line, currently listed as 1-800-292-9582);
16.2.5 Suspected child abuse or neglect involving the licensee, household member, or staff member being investigated by the division or Department of Services for Children, Youth and Their Families;
16.2.6 A youth volunteer needing OCCL's approval to begin volunteering;
16.2.7 Any known new charges, arrests, or convictions of the licensee, household member, or staff member;
16.2.8 A child is abducted from the home or is missing while in the licensee's care;
16.2.9 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error such as giving the wrong medication, giving the wrong dose, failing to give the medication at the correct time or at all, giving medication to the wrong child, or giving the medication by the wrong route, or giving medication without documenting the administration. The licensee shall follow this call with a written report within 3 business days; or
16.2.10 An equipment breakdown that threatens the health and safety of children in care, including but not limited to lack of working toilets, interruption of running water, loss of phone service or power, smoke or fire alarm system failure, and heating or air-conditioning failure.
16.3 A licensee shall call OCCL and speak to someone within 5 business days (and send follow-up documentation to the assigned licensing specialist within 10 business days) when the following changes:
16.3.1 Hours of child care provided;
16.3.2 Household members;
16.3.3 Household member turns 18 years old;
16.3.4 Substitute;
16.3.5 Licensee, household member, or staff member develops a serious health condition or is diagnosed with a mental illness that poses a direct threat to the health and safety of children. Documentation from a health care provider is required that states the person may have direct access to or work with children and any reasonable accommodations that may be required; or
16.3.6 Intended use of a substitute as listed in subsection 15.1.
16.4 A licensee shall notify and receive OCCL and fire marshal approvals before changing the rooms used for care or providing care in the new space.
16.5 When possible, a licensee shall notify OCCL in writing or by calling OCCL at least 60 days before moving the home to a new address and complete the relocation process as stated in Section 9.0. A new license is required at the new address before providing care there.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-17.0** Telephones {#sec-934-17.0 omnilex-key=us-de-regs-official--title-14--934-17.0}
17.1 A licensee shall ensure the home has a working phone with a working voicemail.
17.2 A licensee shall post emergency phone numbers for ambulance or emergency medical services, police, fire departments (911); the Poison Control Center; and the 24-Hour Child Abuse Report Line (currently 1-800-292-9582).
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-18.0** Positive Behavior Supports {#sec-934-18.0 omnilex-key=us-de-regs-official--title-14--934-18.0}
18.1 A licensee shall have and follow an easy-to-understand written children's behavior supports statement. This statement must be given to a parent or guardian at enrollment and staff members.
18.2 A licensee shall ensure that all staff use prevention strategies, appropriate redirection rather than restraint, and positive developmentally-appropriate methods of behavior supports for children, which encourage self-control, self-direction, positive self-esteem, social responsibility, and cooperation.
18.2.1 Staff shall give directions and guidance in a clear, non-threatening manner.
18.2.2 In addition, staff members shall intervene quickly to ensure the safety of the child and others; redirect children by suggesting other acceptable behaviors; escort the child to a different setting when necessary and speak so children understand their feelings are important and acceptable, but their disruptive behavior is not.
18.2.3 As children develop, these methods must be modified to encourage them to control their own behavior, cooperate with others, and solve problems by developing ideas about the best possible solution.
18.3 A licensee shall consult with a child's parent or guardian and professionals, if necessary, to design effective positive behavioral supports or to make reasonable accommodations to comply with provisions in an IFSP or IEP and to adapt behavior supports and other practices for a child who has a special need or disability.
18.4 A licensee and staff members shall teach by example by always being respectful when speaking with children and others.
18.5 A licensee shall ensure that if "time-out", is used, it is used only as necessary to help the child gain control of behavior and feelings. It must be used as a supplement to, not a substitute for, other developmentally-appropriate methods of behavior support.
18.5.1 "Time-out" must be limited to brief periods of no more than 1 minute for each year of a child's age.
18.5.2 "Time-out" may not be used for infants.
18.5.3 Before using "time-out", the staff member shall discuss the reason for the "time-out" in language appropriate to the child's level of development and understanding.
18.5.4 A child removed from the group or room during a "time-out" must be supervised. Before rejoining the group or at another time, a staff member must talk to the child in ways that encourages the child to make better decisions in the future.
18.6 A licensee shall ensure the following actions are prohibited:
18.6.1 Roughly handling a child or physical punishment inflicted on a child's body, including, but not limited to the following: shaking, grabbing, striking, hair-pulling, biting, pinching, plucking, slapping, hitting, kicking, or spanking;
18.6.2 Yelling at, humiliating, or frightening children;
18.6.3 Physically or sexually abusing a child;
18.6.4 Making negative comments about a child's looks, ability, ethnicity, family, or other personal traits;
18.6.5 Denying children food, water, or toilet use because of inappropriate behavior;
18.6.6 Tying, taping, chaining, caging, or restraining a child by a means other than holding. The child may be held only as long as necessary for the child to regain control;
18.6.6.1 If the child or others are in imminent danger or a risk to themselves or others, physical holding for as brief as possible to remedy the risk or removing the child to a safer location is permissible. Supervision is required.
18.6.6.2 In the event physical holding is used, documentation must occur by the staff to ensure safety for all (child and staff member).
18.6.7 Punishing children for a toileting accident, or for failing to fall asleep, eat food, or complete an activity;
18.6.8 Withholding physical activity as punishment; or
18.6.9 Encouraging or allowing children to hit, punish, or discipline each other.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-19.0** Breast Feeding {#sec-934-19.0 omnilex-key=us-de-regs-official--title-14--934-19.0}
A licensee shall have and follow a policy to address the needs of a child who is breastfed. This policy must include allowing a mother to breastfeed her child at a designated place at the home that is clean, removed from public view, and not located in a bathroom or kitchen.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-20.0** Parent or Guardian Communication {#sec-934-20.0 omnilex-key=us-de-regs-official--title-14--934-20.0}
20.1 A licensee shall discuss the following information with a parent or guardian during the enrollment process and as needed:
20.1.1 Explain that parent or guardian visits are welcomed;
20.1.2 Ask about each child's culture and community, show respect for each family and culture, and discuss how to support these child care practices, especially concerning infants and toddlers;
20.1.3 State that parents or guardians are most important in children's development;
20.1.4 Identify the ongoing needs of the child and learn parent or guardian preferences, goals, concerns, or special circumstances that may influence the child's development, behavior, and learning;
20.1.4.1 Identify if the child has an IEP or IFSP; and
20.1.4.2 Discuss with a parent or guardian and service providers, as applicable, any reasonable accommodations or modifications needed by a child with a disability to access the program or services.
20.1.5 Explain how infant activities, such as feeding or sleeping, will be shared at the end of each day;
20.1.6 Explain safety procedures for indoors and outdoors, fires, pets, first aid, and emergencies;
20.1.7 Explain cleaning procedures, such as disinfecting, Standard Precautions as stated in Section 39.0, diapering, and toileting; and
20.1.8 Explain the program, including routine activities, equipment, and sleeping accommodations.
20.2 A licensee shall have and follow written policies in a handbook. The handbook must be given to a parent or guardian at enrollment. The handbook must include the following information:
20.2.1 A typical daily schedule;
20.2.2 Positive behavior supports policy;
20.2.3 Health policy, including the following:
20.2.3.1 Emergency health care that states how the parent or guardian will be notified, how the child will be transported, and what will happen if a parent or guardian cannot be reached;
20.2.3.2 Health exclusions listing when children are not allowed to be admitted or remain in care and what will happen when a child becomes ill and a parent or guardian cannot be reached; and
20.2.3.3 Notification and prevention of an outbreak of a communicable disease, including a list of reportable communicable diseases, and how parents or guardians will be informed if their children were exposed to a communicable disease or condition;
20.2.4 Food and nutrition policy, including a statement that children are encouraged but not forced to eat; approximate times of snacks and meals; how food allergies and other dietary requirements are handled; and whether a licensee or parent or guardian will provide food;
20.2.5 Release of children policy, including the following:
20.2.5.1 Procedures to release children only to people approved by a parent or guardian including a process for the emergency release of a child;
20.2.5.2 Allowing school-age children to walk to their home or from the school bus stop to the family or large family home each with written parent or guardian permission;
20.2.5.3 Checking the identity of an unknown approved person before releasing the child and keeping documentation of this verification;
20.2.5.4 Procedures for handling situations in which a non-custodial parent attempts to claim the child without custodial parent or guardian permission; and
20.2.5.5 Procedures to be followed when an unapproved person wants to pick up a child, or a person who seems to be intoxicated or unable to bring the child home safely requests the release of a child;
20.2.6 Reporting procedures for accidents, injuries, or serious incidents;
20.2.7 Mandatory reporting of child abuse and neglect policy;
20.2.8 Administration of medication policy including reasonable accommodations for a child with disabilities;
20.2.9 Safe sleep practices for infants, if applicable;
20.2.10 Description of animals or pets regardless of the location within the home;
20.2.11 Suspension and expulsion policies such as the “Best Practice Statement for the Prevention of Expulsion and Suspension in Delaware Early Childhood Programs,” found on the “My Child DE” website;
20.2.12 Non-discrimination policy assuring the child or family will not be discriminated against based on race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran’s status, or any other category protected by state and federal laws; and
20.2.13 Transportation policy, if applicable.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-21.0** Parents Right to Know Act {#sec-934-21.0 omnilex-key=us-de-regs-official--title-14--934-21.0}
21.1 A licensee shall provide a parent/guardian with information about the right to review the home's licensing record, as stated in 14 Del.C. §§3001A-3003B.
21.1.1 As a part of the enrollment inquiry process, a licensee shall require the parent or guardian to read and sign The Parents Right to Know Form and keep the form on file.
21.1.2 A licensee shall give a copy of the form to the parent or guardian.
21.1.3 A licensee shall keep a log that documents the printed names of the child and parents/guardians and the date the Parents Right to Know Form was provided. This information shall be included for children who do not become enrolled, are currently enrolled, and are no longer enrolled.
21.1.3.1 This log shall be signed by the parent or guardian.
21.1.3.2 This log shall be provided to OCCL at each annual compliance review. Once a log is provided to OCCL, a licensee is not required to keep that log on file at the home.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-22.0** Children's Files {#sec-934-22.0 omnilex-key=us-de-regs-official--title-14--934-22.0}
22.1 A licensee shall have an on-site private file for each child by the time care begins. The file must contain the following information, unless otherwise stated:
22.1.1 Child's first and last names, date of birth, address, and parents' or guardians' home and cell phone numbers, if applicable;
22.1.2 Parents' or guardians' names, places and hours of employment, and work phone numbers, if applicable;
22.1.3 Names and emergency phone numbers for at least 2 people approved to pick up the child;
22.1.4 First and last names of all people approved to pick up the child;
22.1.5 Name and phone number of the child's health care provider;
22.1.6 Health appraisal and immunization record (or notarized religious or medical exemption from immunization) on file at the home within 30 days of enrollment;
22.1.7 Date child began care, hours and days child is to attend, and date child left care, if applicable;
22.1.8 If provided by the parent or guardian, a statement of the child's medical, developmental, or educational special needs including but not limited to: copies of an IEP, IFSP, and Section 504 plan, and information on allergies, current illnesses or injuries, previous serious illnesses or injuries, and needed medications;
22.1.9 Written approvals from parent or guardian for: emergency medical treatment and, if applicable, special dietary needs, swimming, administration of medication, use of electronics or screen time as described in subsection 52.10, sleeping on a mat as described in subsection 35.3.2, sleeping in another area as described in subsection 35.10, and transporting the child;
22.1.10 If applicable, copies of court orders on custody and visitation arrangements provided by the parent or guardian;
22.1.11 If applicable, administration of medication records and accident and injury reports;
22.1.12 The Parents Right to Know Form signed by the child's parent or guardian; and
22.1.13 Beginning July 1, 2023, within 45 days of enrollment, annual documentation of parent or guardian consent or refusal to consent to complete the Department's developmental and social emotional screening tool or documentation giving the provider consent to complete the screening tool. Unless the parent or guardian does not consent, screenings must be conducted annually for each child who has not begun kindergarten or a higher grade.
22.2 A licensee may not give out or allow the use of a child's or family's information without written parent or guardian permission to do so, unless required by officials from OCCL, the division, or other agencies responsible for issues relating to the health, safety, and well-being of children.
22.3 A licensee shall update information provided by a parent or guardian as it changes. The file must be available to staff members. This file must be available for 3 months after a child has left care.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-23.0** Children's Health Appraisal {#sec-934-23.0 omnilex-key=us-de-regs-official--title-14--934-23.0}
23.1 A licensee shall ensure that within 1 month of starting care, each child's file contains a health appraisal that includes an immunization record. A health care provider shall have conducted this appraisal within the last 12 months. A licensee does not need a child's health appraisal if other federal or State laws require the home to admit a child without an appraisal. Health appraisals must be updated every 13 months. A licensee shall keep the most recent appraisal on file and it must include:
23.1.1 A health history;
23.1.2 Physical examination;
23.1.3 Growth and development;
23.1.4 Age-appropriate immunizations as described in Appendix VIII;
23.1.5 Proof of blood lead screening for children at or around age 12 months and older;
23.1.6 Medical information for treatment in case of emergency; and
23.1.7 Recommendations regarding required medication, allergies, restrictions or modifications of the child's activities, diet, or care, if applicable.
23.2 A licensee is not required to update health appraisals for children in grades kindergarten or higher after receiving 1 completed after the child began kindergarten or a higher grade.
23.3 A licensee shall ensure a child whose parent or guardian objects to immunizations on a religious basis or whose health care provider certifies that immunizations may be harmful to the child's health will be exempt from the immunization requirement.
23.3.1 A notarized statement or documentation from a health care provider is required for this exemption.
23.3.2 A licensee shall place this documentation in the child's file.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-24.0** Daily Attendance of Children {#sec-934-24.0 omnilex-key=us-de-regs-official--title-14--934-24.0}
A licensee shall have daily attendance records for children that state the exact time each child arrives and departs from the home. The daily attendance records shall be updated at the time of the arrival and departure of the child. A licensee shall keep these records for at least 3 months.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-25.0** Infants’ Records {#sec-934-25.0 omnilex-key=us-de-regs-official--title-14--934-25.0}
25.1 A licensee shall have daily records of an infant's feeding, sleeping, diapering, and other routine activities.
25.2 A licensee shall share these records with the infant's parent or guardian at the end of each day.
25.3 The record shall include documentation of checking the infant every 30 minutes when the infant is sleeping, or every 15 minutes for infants and children under age 2 as described in subsection 35.10. These sleep checks are to make sure the infant is breathing normally and not showing signs of distress.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-26.0** Health Observations {#sec-934-26.0 omnilex-key=us-de-regs-official--title-14--934-26.0}
26.1 A licensee shall ensure each child is observed on arrival for signs of communicable disease, injury, signs of ill health as listed in Section 41.0, and signs of child abuse or neglect.
26.2 A licensee shall document concerns and steps taken to assist the child.
26.2.1 A licensee shall keep documented concerns in the child's file.
26.2.2 A person who suspects child abuse or neglect shall make a report to the Child Abuse Report Line.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-27.0** Hazardous Materials {#sec-934-27.0 omnilex-key=us-de-regs-official--title-14--934-27.0}
27.1 Before license renewal, unless previously submitted to OCCL, a licensee shall provide a lead-paint risk assessment performed by an environmental testing firm certified by DPH showing the home to be free of lead-based paint hazards if the home were built before 1978.
27.1.1 If lead paint is identified but intact (i.e. not chipping, flaking, or peeling), a licensee shall monitor the areas as described in subsection 7.1.3.2.2.
27.1.2 If lead-paint hazards are identified in the risk assessment, a license shall remedy these hazards as described in subsections 7.1.3.3 and 7.1.3.4.
27.2 A licensee shall ensure radon testing is performed in each room used for child care once every 5 years between the months of October and March and within 6 months after any remodeling, renovation, or construction.
27.2.1 This testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.
27.2.2 If testing indicates a radon level over 4.0 pCi/L, a licensee shall ensure acceptable radon mitigation occurs or a long-term radon test (90-120 days) indicates a level less than 4.0 pCi/L.
27.2.3 Copies of radon testing results shall be sent to OCCL within 5 business days of receiving the results.
27.3 A licensee shall ensure matches, lighters, medicines, drugs, alcohol, cleaning products, detergents, aerosol cans, plastic bags, cords and strings from window blinds, firearms, ammunition, and other similar items are stored safely in areas out of children's reach.
27.4 A licensee shall ensure containers of poisonous, toxic, or hazardous materials are:
27.4.1 Labeled with the contents;
27.4.2 Used only in the manner and under the conditions that will not contaminate food or constitute a hazard to children or to staff; and
27.4.3 Stored in a locked storage space accessible only to staff.
27.5 Materials required for routine cleaning and maintenance must be stored out of children's reach and used in a safe manner.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-28.0** Heating and Cooling {#sec-934-28.0 omnilex-key=us-de-regs-official--title-14--934-28.0}
28.1 A licensee shall ensure screens are in good repair on all windows, doors, or openings to the outside used for venting the home.
28.2 A licensee shall ensure that temperatures in rooms used by the children are kept at a minimum temperature of 68°F and a maximum of 82°F unless there is a conflict with federal and State energy laws.
28.2.1 OCCL allows an exception if a room temperature drops within the range of 60° F- 67° F or rises within the range of 83° F- 90° F and a licensee can return that room to the proper temperature within the next 4 hours.
28.2.1.1 If the room temperature cannot be restored within 4 hours or the temperature is below 60°F or above 90°F, the home must close.
28.2.1.2 The home must remain closed until the heating or cooling problem is resolved and the correct temperature is maintained.
28.2.2 A licensee shall inform OCCL when closing is necessary.
28.3 A licensee shall use air conditioning during hot weather to keep rooms used by children within the required temperature range.
28.4 A licensee shall ensure all floor or window fans and cords are out of children's reach and have a safety certification mark from a nationally recognized testing laboratory such as Underwriters Laboratories or Electro-Technical Laboratory.
28.5 The licensee shall ensure heating and cooling equipment prevents injury to children by having safety shielding.
28.5.1 Fire code prohibits the use of unvented, fuel-fired heating equipment such as portable kerosene heaters.
28.5.2 Hot water pipes, steam radiators, electric space heaters, and wood-burning stoves must be out of children's reach to protect children against burns.
28.5.3 Electric space heaters must be stable and have a safety certification mark from a nationally recognized testing laboratory.
28.5.4 A licensee shall securely screen or equip fireplaces with protective guards while in use.
28.6 Heating, cooling, and plumbing equipment must be properly installed, cleaned, and maintained to operate safely.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-29.0** Indoor space {#sec-934-29.0 omnilex-key=us-de-regs-official--title-14--934-29.0}
29.1 A licensee shall ensure there are no health or safety hazards in the home.
29.2 A licensee shall keep the home, its furnishings, and equipment in a clean, hazard-free, and safe condition. Floors, walls, counter surfaces, toilets, and surfaces or finishes must be cleanable and in good repair.
29.3 A licensee shall ensure stairways over 4 steps used by children, indoors and outdoors, have handrails at a maximum height of 38 inches.
29.4 A licensee shall use securely installed safety gates, such as those approved by the American Society for Testing and Materials (ASTM), at the top, bottom, or both locations of stairways where infants and toddlers are in care to prevent falls and access to the stairs.
29.4.1 Gates must have latching devices that adults, but not children, can open easily.
29.4.2 Pressure or accordion gates may not be used in any area of the home.
29.4.3 If a licensee cannot set up a safety gate as stated in the manufacturer's instructions because of the home's design, then a licensee shall safely prevent infants and toddlers from accessing stairways in another way.
29.5 A licensee shall ensure that raised areas at the home other than stairways, over 2 feet, such as porches, elevated walkways, and elevated play areas, have walls or barriers to prevent falls over the open side. The walls or barriers must be at least 36 inches tall.
29.6 A licensee shall ensure door locks or latches in rooms used by children can open from either side of the door and the opening device or key is available to a licensee and staff members.
29.7 A licensee shall have a bathroom with a working toilet and sink. A licensee shall ensure toilet paper is available for children to use in the bathroom at all times. The sink must have hot and cold running water. Children may use a bathroom that is not on the child care level if it is the only bathroom in the house.
29.8 A licensee may not allow children to use rooms or spaces reachable only by ladder, folding stairs, or through a trap door.
29.9 A licensee shall keep the home free from rodent and insect infestation. If pesticides are used, they must be used according to the instructions listed on the label.
29.10 A licensee shall ensure a working flashlight is available in the home.
29.11 A licensee shall cover all electrical outlets that children can reach, including unused power strips.
29.12 A licensee shall ensure glass doors and windows within 36 inches of the floor have a vision strip or decal at children's eye level.
29.13 A licensee shall ensure a State fire marshal recognized electrical inspection agency conducts an electrical inspection of the home and approves the home every 3 years.
29.14 A licensee shall keep any guns and ammunition stored in the home in a locked container or locked closet. A licensee shall store ammunition separate from guns.
29.15 A licensee shall keep trash in covered trashcans.
29.15.1 Recyclable paper may be in uncovered containers.
29.15.2 Trash must be removed daily from rooms used by children and weekly from the home.
29.16 A licensee shall prohibit smoking, vaping, and burning candles and incense, and use of air fresheners in the home during child care hours and in the presence of children.
29.17 A licensee shall ensure the water temperature does not exceed 120° F from faucets and other sources accessible to children in care.
29.18 A licensee shall ensure all sinks supply hot and cold water under pressure at all times and all plumbing complies with State and local plumbing codes. Portable sinks are prohibited.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-30.0** Fire Safety {#sec-934-30.0 omnilex-key=us-de-regs-official--title-14--934-30.0}
30.1 A licensee shall ensure that all paths of egress, including stairways, hallways, windows, and doorways are functional and not blocked.
30.2 A licensee shall care for children on the ground level of the home or use another level only after meeting the conditions of the designated fire marshal.
30.3 A licensee shall ensure each exit door is at least 28 inches wide.
30.4 A licensee shall at least have a properly installed, battery-operated working smoke alarm.
30.4.1 This alarm must have a safety certification mark from a nationally recognized testing laboratory.
30.4.2 A licensee shall place smoke alarms on the ceiling or 6 to 12 inches below the ceiling on each level of the home, basement, and all enclosed sleeping areas.
30.4.2.1 A licensee shall test these alarms monthly and document these tests in a log.
30.4.2.2 A licensee shall replace the batteries at least yearly.
30.5 A licensee shall ensure fire safety codes and on-going procedures as required by the designated fire marshal are followed.
30.6 A licensee shall ensure a working carbon monoxide alarm is near any sleeping area used by children when the home has an attached garage or equipment using fuels such as gas, oil, propane, wood, or kerosene. This includes an oven, furnace, water heater, or fireplace.
30.6.1 The alarm must have a safety certification mark from a nationally recognized testing laboratory.
30.6.2 The alarm must be installed as stated in the manufacturer's instructions.
30.6.2.1 A licensee shall test these alarms monthly and document these tests in a log.
30.6.2.2 A licensee shall replace the batteries at least yearly.
30.7 A licensee shall complete a monthly fire prevention inspection and post the current report in a visible space.
30.8 When a family home changes from Level I to Level II or a child care home moves to a new address, a licensee shall submit plans to the designated fire marshal for review and approval.
30.8.1 The licensee shall follow the fire safety codes of the designated fire marshal.
30.8.2 A licensee shall receive fire marshal and OCCL approval before offering services.
30.9 A licensee shall provide a clearly visible, readily accessible, charged, portable dry chemical fire extinguisher rated 2A-10BC or greater.
30.9.1 Fire extinguishers must not be mounted in a closet or cabinet except when using a wall mounted fire extinguisher cabinet that was manufactured specifically for that purpose.
30.9.2 Fire extinguishers must be mounted at least 4 inches above the finished floor.
30.9.2.1 Fire extinguishers weighing 40 pounds or less must be mounted so that the top of the extinguisher is not more than 60 inches above the finished floor.
30.9.2.2 Fire extinguishers weighing more than 40 pounds must be mounted so that the top of the extinguisher is not more than 42 inches above the finished floor.
30.9.3 A fire extinguisher contractor licensed by the Office of the State Fire Marshal shall inspect the fire extinguisher annually.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-31.0** Kitchen and Food Preparation {#sec-934-31.0 omnilex-key=us-de-regs-official--title-14--934-31.0}
31.1 A licensee shall keep the kitchen, food preparation, storage, serving areas, appliances, and utensils clean and sanitary.
31.2 A licensee shall ensure the kitchen has at least 1 sink with hot and cold running water. Large family homes need an additional hand-washing sink.
31.3 A licensee shall ensure the home has a refrigerator to keep perishable food cold at 41° F or colder, and food stored in a freezer frozen at 0°F or colder. A licensee shall have a working thermometer in refrigerators and freezers used to store children's food.
31.4 A licensee shall ensure food provided and prepared by the home complies with the home's written policy on food and nutrition quality.
31.5 A licensee shall ensure the food is clean, wholesome, free from spoilage and contamination, and safe to eat.
31.5.1 Prepared food items must be correctly labeled with contents and date of preparation.
31.5.2 Prepared food that is served to a child and not eaten must be thrown away and not given to another child.
31.6 Food storage areas and appliances must be cleanable and free of food particles, dust, and dirt.
31.6.1 All food items must be stored off the floor.
31.6.2 Food must be stored separate from cleaning materials.
31.6.3 Food must be stored in closed or sealed containers that are labeled with the contents and expiration date.
31.7 A licensee shall ensure that children are supervised during meal preparation to prevent injuries.
31.8 A licensee shall ensure dishes and utensils are air-dried unless sanitized and dried in a dishwasher.
31.9 A licensee shall ensure no dishes, cups, or glasses used by children are broken or defective.
31.10 A licensee shall ensure age-appropriate utensils, dishes, cups, glasses, or bottles are available for each child and not shared with another child during feeding.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-32.0** Outdoor Area {#sec-934-32.0 omnilex-key=us-de-regs-official--title-14--934-32.0}
32.1 A licensee shall ensure there are no hazards on the grounds of the home.
32.2 A licensee shall provide active play and large muscle activities that consider the children's needs and whether they are able to participate. A licensee shall provide these activities either on the grounds or within safe walking distance of the home.
32.3 A licensee shall remove hazards before children begin to play outside. These hazards may include animal feces, toxic plants, broken or non-secure outdoor play equipment, building supplies and equipment, glass, sharp rocks, cigarette butts, beehives and wasp nests, a lawn mower, or debris.
32.3.1 A licensee shall securely lock tool sheds, garages, and other outdoor buildings to prevent children from entering.
32.3.2 Children must be supervised while outdoors.
32.4 For a home licensed before January 1, 2009, the existing fencing of the on-site outdoor play area is acceptable as long as it is hazard-free and in good repair. When replacing the fencing, the new fencing must fully comply with Section 59.0 for a family home and Section 64.0 for a large family home.
32.5 A licensee shall ensure outdoor play equipment is sturdy, safe, clean, and free from rough edges, sharp corners, pinch and crush points, splinters, and exposed bolts.
32.6 A licensee shall anchor large outdoor play equipment. A licensee cannot place stationary equipment on concrete or asphalt.
32.7 A licensee shall use materials in the outdoor play area that do not present a safety or choking hazard. These materials must be free of unsafe contaminants such as steel wires and unhealthy residue from deterioration.
32.8 If using gravel or stone as a ground cover for the outdoor play area, only pea gravel is acceptable. For homes licensed before January 1, 2009, the existing gravel or stone ground cover is acceptable.
32.9 A licensee shall keep outdoor sandboxes or play areas containing sand safe, sanitary, and covered when not in use.
32.10 The use of trampolines by children in care on-site is prohibited.
32.11 Portable sinks are prohibited.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-33.0** Pools and Swimming {#sec-934-33.0 omnilex-key=us-de-regs-official--title-14--934-33.0}
33.1 A licensee shall ensure all children are under direct supervision while wading or swimming. During a swimming activity involving infants or toddlers, these children must be within arm's reach of a licensee or staff member.
33.1.1 Swimming pools and large wading pools that remain filled when not in use must be inaccessible to children.
33.1.2 The water in swimming pools used by children must be treated, cleaned, and maintained according to DPH regulations.
33.1.3 The pool and equipment must be kept in a safe manner and be hazard-free.
33.1.4 Small portable wading pools must be cleaned and disinfected after each use.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-34.0** Riding Toys {#sec-934-34.0 omnilex-key=us-de-regs-official--title-14--934-34.0}
34.1 A licensee shall ensure bicycles, tricycles, scooters, and other riding toys are the size appropriate for a child.
34.2 A licensee shall ensure these riding toys are in good condition, free of sharp edges or protrusions that may injure a child, and not motorized.
34.3 Children over 1 year of age must wear approved safety helmets while riding toys with wheels of 20 or more inches in diameter.
34.3.1 Riding bicycles and using wheeled equipment (roller blades, skateboards, scooters, etc.) require children to wear helmets.
34.3.2 A licensee shall ensure helmets are not shared unless cleaned between users by wiping the lining with a damp cloth.
34.3.3 A licensee shall ensure helmets are removed as soon as children stop riding helmet-required equipment.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-35.0** Sleeping Accommodations and Safe Sleep Environments {#sec-934-35.0 omnilex-key=us-de-regs-official--title-14--934-35.0}
35.1 A licensee shall ensure the program includes times for rest or sleep appropriate to each child's individual physical needs.
35.1.1 A quiet activity must be provided for children who have rested for 30 minutes and do not seem to need or want more rest.
35.1.2 Preschool children not needing to rest or sleep must have at least 30 minutes of quiet play daily.
35.2 Rest or sleep equipment must meet the safety standards required by CPSC or other recognized authority approved by OCCL and kept in a safe condition.
35.3 A licensee shall ensure each child, except children who do not sleep at the home, has clean, safe, age-appropriate sleep equipment. This may be a crib, playpen, pack-and-play (without ripped mesh), cot, bed, or mat.
35.3.1 Each child under 18 months old who does not walk must sleep in a crib, playpen, or pack-and-play.
35.3.2 A child between 12 and 18 months old who walks may sleep on a cot, mat, or bed with written parent or guardian permission.
35.3.3 Preschool-age and school-age children who do not nap at the home do not need sleep equipment.
35.4 A licensee shall ensure a child's rest equipment is labeled with the child's name or assigned chart number unless cleaned and disinfected after each use.
35.4.1 A licensee shall document chart numbers and assignments and keep them current.
35.4.2 Children must use only their assigned equipment while enrolled in the home.
35.5 Mattresses and sleep equipment must be non-absorbent and cleanable.
35.5.1 Cots, mats, and crib mattresses must be cleaned with soap and water and then sanitized weekly and when soiled or wet.
35.5.2 Mats must be stored so there is no contact with the sleep surface of another mat or cleaned and disinfected after each use.
35.5.3 Sleep equipment and bedding must be cleaned and sanitized before being assigned to another child.
35.6 Children over age 1 must be provided with top and bottom covers.
35.6.1 Sheets and blankets or other bedding must be cleaned at least weekly and when soiled or wet.
35.6.2 Bedding must be stored so there is no contact with another child's bedding.
35.7 A licensee shall ensure sleep equipment is placed at least 1½ feet apart while in use.
35.8 The rest area must provide enough light to allow the children to be seen.
35.9 A licensee shall follow Safe Sleep Practices for Infants:
35.9.1 A licensee shall ensure cribs meet the current standards of CPSC or other safety authority recognized by OCCL.
35.9.2 Infants must sleep only in cribs, pack-and-plays, and playpens.
35.9.2.1 The use of soft surfaces, such as soft mattresses, pillows, sofas, and waterbeds, are prohibited as infant sleep surfaces.
35.9.2.2 A licensee shall ensure infants who fall asleep in car seats, swings, seats, or other equipment are immediately moved to cribs, pack-and-plays, or playpens.
35.9.3 Cribs must not be stacked while in use.
35.9.4 Cribs must not have gaps larger than 2 3/8 inches between the slats.
35.9.5 Cribs, pack-and-plays, and playpens must have top rails at least 20 inches above the mattresses.
35.9.5.1 The mattress must be set at its lowest position.
35.9.5.2 Latches on cribs, pack-and-plays, or playpens must be safe, secured, and hazard-free.
35.9.6 Crib mattresses must be firm and tight fitting to the frame and covered with a tight-fitting bottom sheet only.
35.9.7 Pillows, bibs, blankets, bumper pads, cloth diapers other than those worn by an infant, comforters, top sheets, quilts, sheepskin, sleep positioning devices (except as described in subsection 35.9.9.1), stuffed toys, and other items are prohibited in a crib, pack-and-play, and playpen.
35.9.7.1 Infants may use pacifiers in a crib.
35.9.7.2 Toys or objects attached to cribs, pack-and-plays, or playpens are prohibited.
35.9.8 Swaddling of infants requires written parent or guardian permission. Blankets are prohibited for swaddling when laying an infant down to sleep. However, swaddle-blanket sleepers may be used.
35.9.9 Infants must be placed on their backs when laid down to sleep as recommended by the American Academy of Pediatrics.
35.9.9.1 OCCL allows an exception if the infant's health care provider documents that a physical or medical condition requires a different sleeping position or use of a sleep-positioning device.
35.9.9.2 The health care provider must document the new sleep position or the device and how to use it.
35.10 The licensee may allow a maximum of 2 children in care under age 2 to sleep in other areas with written parent permission and documented sleep checks every 15 minutes.
35.10.1 The other area must be on the same level of the home where care is provided.
35.10.2 If the area or room has a door, it must remain open when a child is using the area.
35.11 The licensee may allow children over age 2 to sleep alone in other areas as long as the area is on the same level of the home where care is provided. If the area or room has a door, it must remain open when a child is using the area.
35.12 Household children may sleep in their own bedroom as long as it is on the same level of the home where care is provided.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-36.0** Equipment {#sec-934-36.0 omnilex-key=us-de-regs-official--title-14--934-36.0}
36.1 A licensee shall provide developmentally-appropriate equipment and materials for a variety of indoor and outdoor activities. Materials and equipment must help provide many experiences that support all children's social-emotional, language and literacy, intellectual, and physical development.
36.2 A licensee shall ensure enough materials and equipment are available for all children to use. They must include a wide variety of choices for play and learning.
36.3 A licensee shall have infant seats with trays and use T-shaped safety straps for table play and mealtimes for children no longer held for feeding. If using a high chair to meet this requirement, it must also have a wide base.
36.4 A licensee shall prohibit the use of walkers unless prescribed by a health care provider for a specific child.
36.5 A licensee shall prohibit toys that explode or shoot things.
36.6 A licensee shall ensure children under 3 years old do not have access to empty plastic bags; Styrofoam objects, cups, bowls, and toys; latex balloons; and objects less than 1 inch wide.
36.7 A licensee shall ensure toys and equipment used by the children are sturdy, safely assembled, hazard-free, and not recalled. Toys and equipment may not cause children to become trapped or have rough edges, sharp corners, pinch and crush points, splinters, or exposed bolts. Equipment in poor condition must be repaired, removed, or made inaccessible to children.
36.8 A licensee shall take the following measures to prevent hazards to children in care:
36.8.1 To prevent cuts, abrasions, and punctures, equipment, materials, and other objects on the premises that have sharp edges, protruding nails, bolts, or other dangers must be repaired, removed, or made inaccessible to children. Sharp edges on natural wooden equipment must be sanded;
36.8.2 To prevent burns, equipment, materials, or products that may be hot enough to injure a child must be made inaccessible to children;
36.8.3 To prevent sheering, crushing, or pinching, broken or cracked equipment, materials, and objects must be repaired, removed, or made inaccessible to children;
36.8.4 To prevent entrapment, freezers, refrigerators, washers, dryers, compost bins, and other entrapment dangers must be inaccessible to children unless being actively supervised;
36.8.5 To prevent tripping, uneven indoor or outdoor walkways, damaged flooring or carpeting, or other tripping hazards must be removed or repaired;
36.8.6 To prevent injuries and death, large objects that pose a risk of falling or tipping must be securely anchored. Large objects include, but are not limited to, televisions, dressers, bookshelves, wall cabinets, sideboards or hutches, and wall units; and
36.8.7 To prevent injuries, equipment in poor condition (rusty parts, flaking paint, or other dangers) must be repaired, removed, or made inaccessible to children.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-37.0** Sanitation {#sec-934-37.0 omnilex-key=us-de-regs-official--title-14--934-37.0}
37.1 A licensee shall ensure areas and equipment listed in subsections 37.2 and 37.3 are washed with soap and water and then disinfected as required.
37.1.1 For sanitizing and disinfecting, a licensee shall ensure 1 of the following is used: an EPA-registered product, a commercially prepared product, or a bleach and water solution.
37.1.2 A licensee shall follow the manufacturer's instructions for use.
37.1.3 These products must be labeled with the contents.
37.1.4 Their instructions for use must be available at all times.
37.2 A licensee shall ensure the following items or surfaces are cleaned after each use with a soap and water solution and then disinfected:
37.2.1 Potty-chairs, after being emptied into a toilet;
37.2.2 Sinks and faucets used for hand washing after the sink was used for rinsing a potty-chair;
37.2.3 Diapering surfaces, as required in subsection 40.6.5;
37.2.4 Food preparation and eating surfaces, such as counters, tables, and high chair trays;
37.2.5 Toys children put in their mouths;
37.2.6 Mops used for cleaning must be rinsed, disinfected, wrung, and hung to dry;
37.2.7 Plastic bibs (cloth bibs may only be used once before washing); and
37.2.8 Thermometers (that make contact with skin or mouth).
37.3 A licensee shall ensure the following items or surfaces are cleaned at least daily with a soap and water solution and then disinfected:
37.3.1 Toilets and toilet seats;
37.3.2 Sinks and faucets;
37.3.3 Diaper pails and lids;
37.3.4 Drinking fountains;
37.3.5 Water tables and equipment;
37.3.6 Play tables;
37.3.7 Rest mats that are stored touching each other;
37.3.8 Waterproof activity mats; and
37.3.9 Smooth waterproof floors.
37.4 A licensee shall limit germs and disease passing among children in the home by:
37.4.1 Using washable toys with diapered children; and
37.4.2 Washing items children lick or chew after they fall to the floor or ground.
37.5 At least weekly, a licensee shall ensure non-porous toys and play equipment are washed with a soap and water solution and then disinfected.
37.6 At least weekly, a licensee shall ensure stuffed animals are laundered.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-38.0** Hand Washing {#sec-934-38.0 omnilex-key=us-de-regs-official--title-14--934-38.0}
38.1 A licensee shall ensure staff and children's hands are washed with liquid soap and running water, even if gloves were worn, and paper towels or a mechanical hand dryer are used, as follows:
38.1.1 Before and after: eating or handling food, giving medications, caring for a child who may be sick, using a water-play or other sensory table or container with other children, and using shared play dough or clay; and
38.1.2 After: toileting or diapering, touching blood, feces, urine, vomit, nasal or other body fluids, handling animals or their equipment, or after coming into contact with an animal's body fluids, playing in a sandbox, outdoor play, cleaning, and taking out the garbage.
38.2 A licensee shall ensure liquid soap, paper towels, and single-use towels or a mechanical hand dryer, are available at all times in the bathroom.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-39.0** Standard Precautions {#sec-934-39.0 omnilex-key=us-de-regs-official--title-14--934-39.0}
39.1 A licensee shall ensure Standard Precautions are used to protect against disease and infection. Spills of bodily fluids (i.e. urine, feces, blood, saliva, and discharges from the nose, eyes, an injury, or other tissue) must be cleaned up immediately, as follows:
39.1.1 For vomit, urine, and feces on surfaces including floors, walls, bathrooms, tabletops, toys, kitchen counters, diaper-changing tables, and toilet training chairs, the area must be cleaned with soap and water and then disinfected.
39.1.2 For blood, blood-containing fluids, and tissue discharges, a licensee shall ensure that open skin sores or mucous membranes are not touched, non-porous gloves are worn, and the area is cleaned with soap and water, and then disinfected.
39.1.3 Bloody disposable diapers and material must be put in a plastic bag, tied securely, and thrown away. Bloody clothing and reusable diapers must be placed in a plastic bag, tied securely, and returned to the child's parent at pick up.
39.1.4 Mops must be cleaned, rinsed, disinfected, wrung, and hung to dry.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-40.0** Diapering and Soiled Clothing {#sec-934-40.0 omnilex-key=us-de-regs-official--title-14--934-40.0}
40.1 A licensee shall have and follow a procedure for checking diapers for wetness and feces at least hourly and whenever the child acts as though the diaper is wet or soiled.
40.1.1 Diapers and other clothing must be changed when they are found to be wet or soiled.
40.1.2 Diaper changes for infants must be written down.
40.2 A licensee shall keep a supply of clean diapers and extra clothing available for use by children if a parent or guardian does not provide them when required.
40.3 A licensee shall ensure soiled or wet clothing and reusable diapers are not emptied or rinsed.
40.3.1 Each must be placed in a sealed plastic bag with clothing separated from reusable diapers.
40.3.2 The bag must be labeled with the child's name and sent home with the child at the end of the day.
40.4 A licensee shall ensure a home has a diaper-changing area with a clean, washable, and non-porous surface. This area may not be located in the kitchen.
40.5 A licensee shall ensure used disposable diapers are placed in a foot-activated trashcan that is used only for diapers.
40.5.1 This trashcan must be within arm's reach of the changing area, lined with a plastic bag, and sanitized daily.
40.5.2 Diapers must be removed from the home daily or more frequently to prevent odors and placed in a closed trashcan outside the home.
40.6 A licensee shall have and follow a procedure for changing diapers that includes the following:
40.6.1 Using a diaper-changing area when changing diapers;
40.6.2 Disposing of diapers as stated in these regulations;
40.6.3 Washing each child during each diaper change with a clean wipe or single-use washcloth;
40.6.4 Hand washing for the person who changed the diaper and for the child with soap and water immediately after each diaper change; and
40.6.5 Cleaning with soap and water and then disinfecting the diaper-changing area after each use.
40.7 If using potty-chairs for toilet training, a licensee shall ensure they are located in a bathroom. Potty-chairs must be made of a non-porous material. They must be cleaned with soap and water and then sanitized after each use.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-41.0** Child Health Exclusions {#sec-934-41.0 omnilex-key=us-de-regs-official--title-14--934-41.0}
41.1 A licensee may not permit a child who has symptoms listed below to enter or remain at the home. The child may only return when the symptoms are gone or with documentation from a health care provider stating the illness or symptoms pose no serious health risk to anyone. The documentation must be written or include a written follow-up if communicated verbally. The symptoms for exclusion must include, but not be limited to, the following:
41.1.1 Temperature of 100°F or higher without medication even if there has not been a change in behavior for infants 4 months old and younger;
41.1.2 Temperature of 101°F or higher without medication accompanied by behavior changes or symptoms of illness for children older than 4 months;
41.1.3 Symptoms of possible severe illness, such as unusual tiredness, uncontrolled coughing, unexplained irritability, persistent crying, difficulty breathing, wheezing, or other unusual signs;
41.1.4 Diarrhea; 2 or more times of loose stool during the past 24 hours, or if diarrhea is accompanied by fever, exclude for 48 hours after the symptoms end;
41.1.5 Blood in stools not due to change in diet, medication, or hard stools;
41.1.6 Vomiting; 2 or more times in the past 24 hours, or 1 time if accompanied by a fever until 48 hours after the symptoms end or until a health care provider determines the vomiting is not contagious and the child is not in danger of dehydration;
41.1.7 Ongoing stomach pain (more than 2 hours) or off-and-on pain due to a fever or other symptom;
41.1.8 Mouth sores with drooling;
41.1.9 Rash with fever or behavior change;
41.1.10 Purulent conjunctivitis "pink eye" (defined as pink or red conjunctiva with white or yellow eye discharge), until 24 hours after starting antibiotic treatment;
41.1.11 Scabies, until 24 hours after starting treatment;
41.1.12 Pediculosis "head lice" or nits, until 24 hours after starting treatment;
41.1.13 Tuberculosis, as directed by DPH;
41.1.14 Impetigo, until 24 hours after starting antibiotic treatment and sores are dry;
41.1.15 Strep throat or other streptococcal infection, until 24 hours after starting antibiotic treatment;
41.1.16 Varicella-Zoster "chicken pox," until all sores have crusted and are dry (usually 6 days);
41.1.17 Shingles, only if sores cannot be covered by clothing or a bandage; if not, exclude until sores have crusted and are dry;
41.1.18 Pertussis, until completing 5 days of antibiotic treatment;
41.1.19 Mumps, until 5 days after onset of glandular swelling;
41.1.20 Hepatitis A virus, until 1 week after onset of jaundice, or as directed by DPH;
41.1.21 Measles, until 4 days after arrival of rash;
41.1.22 Rubella, until 7 days after arrival of rash;
41.1.23 Herpetic gingivostomatitis "cold sores," if the child is too young to have control of saliva; or
41.1.24 Unspecified short-term illness, not chronic illness if the child is unable to participate in activities or the facility cannot provide care for this child and the other children.
41.2 A licensee shall ensure temperatures for children under 3 years old are taken with a non-glass thermometer under the arm or by forehead scan.
41.2.1 A digital oral thermometer may be used for children 3 years and older.
41.2.2 Rectal and ear temperatures may not be taken.
41.3 A licensee shall ensure that if a child shows signs of ill health as listed above, the child's rest, comfort, food, drink, and activity needs are met until the child is picked up from the home.
41.4 A licensee shall notify a parent or guardian when their child has been exposed to a contagious disease or condition.
41.5 A licensee shall report reportable communicable diseases to DPH. For information on these diseases, a licensee shall call DPH or refer to their website (currently listed as https://dhss.delaware.gov/dph/dpc/rptdisease.html).
41.6 A licensee may not allow a child with a reportable communicable disease to be admitted to or remain at the home unless a health care provider documents that the illness poses no serious health risk to anyone or DPH tells the licensee that the child is not a health risk to others. If the health care provider states the child may return and DPH says the child cannot return, follow DPH's instructions.
41.7 When a health care provider diagnosed a child with a reportable vaccine-preventable communicable disease, a licensee shall exclude all children who are not immunized against the disease following DPH's instructions.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-42.0** Administration of Medication {#sec-934-42.0 omnilex-key=us-de-regs-official--title-14--934-42.0}
42.1 A licensee shall ensure a trained staff member, who has received a valid administration of medication certificate from OCCL is present at all times to provide both scheduled and emergency medications to children in care. A certified staff member shall be present during field trips and routine program outings to administer medication when needed. The administration of medication certificate must be on file at the home for each certified staff member.
42.1.1 OCCL only allows staff members who are at least 18 years old to be certified to give medication to children. This certification includes passing OCCL's designated test on the information in the Administration of Medication Self-Study Training Guide as described in Appendix IX. Health care providers, nurses, or other qualified medical health personnel may also give medication to children.
42.1.2 The licensee has discretion to designate which staff members shall administer medication.
42.1.3 Written parent or guardian permission for each needed medication is required.
42.1.4 A licensee shall return medication to the parent or guardian when it is no longer needed.
42.2 A licensee shall ensure the parent or guardian provides the following information for each medication given:
42.2.1 The name and birth date of the child;
42.2.2 Medication allergies;
42.2.3 Doctor name and phone number;
42.2.4 Pharmacy name and phone number;
42.2.5 Name of medication;
42.2.6 Dosage (amount given);
42.2.7 Time or frequency (when given);
42.2.8 Route of administration, such as oral, eye, nose, mouth, topical, inhalation, injection;
42.2.9 Medication expiration date;
42.2.10 End date (when to stop giving);
42.2.11 Reason for medication; and
42.2.12 Special directions.
42.3 A licensee shall ensure all prescription medication is given as prescribed. Prescription medication must be:
42.3.1 Stored securely and out of children's reach;
42.3.2 Refrigerated, if applicable, in a closed container separate from food;
42.3.3 In its original container and labeled with directions on how to give or use it;
42.3.4 Current and has not expired;
42.3.5 Given only to the child who has been prescribed the medication, verified by the child's name on the container; and
42.3.6 Given to the child according to the dosage and administration instructions on the medication container. If no dosage or administration information is listed on the container, such information must be provided in writing by the child's health care provider.
42.4 A licensee shall ensure the following requirements are followed when non-prescribed medication is given. Non-prescription medication must be:
42.4.1 Stored securely and out of children's reach;
42.4.2 Refrigerated, if applicable, in a closed container separate from food;
42.4.3 In its original container and properly labeled with directions on how to give or use it;
42.4.4 Current and has not expired;
42.4.5 Labeled with the child's name; and
42.4.6 Given as written on the container's instructions, or as otherwise instructed in writing by the child's health care provider.
42.5 A licensee shall keep a written record of medication given to children on the Medication Administration Record "MAR" including each medication dosage, time given, who gave it, unwanted effects observed, and medication errors.
42.5.1 Medication errors include giving the wrong medication, giving the wrong dose, failing to give the medication at the correct time or at all, giving medication to the wrong child, or giving the medication by the wrong route, or giving medication without documenting the administration.
42.5.2 Unwanted effects or errors in administering must be immediately reported to the parent or guardian.
42.5.3 When known, a licensee shall notify OCCL when unwanted effects or errors in administering medication result in death or medical treatment as described in Section 16.0.
42.5.4 A licensee shall keep the MAR in the child's file.
42.6 A licensee may administer medication to a child who has a medical need during child care hours that requires the administration of medication by a non-intravenous injection. In addition to the requirements in subsection 42.2, the parent or guardian shall provide the licensee with the following information, when medication is administered by non-intravenous injection:
42.6.1 Written parent or guardian permission for the home to provide the requested medical care; and
42.6.2 A written statement from the child's health care provider stating:
42.6.2.1 The specific medication by injection needed by the child;
42.6.2.2 That for the child's health, the requested medication by injection must be administered during the hours the child attends the home;
42.6.2.3 That the requested medication by injection may be appropriately administered at the home by non-medical child care staff; and
42.6.2.4 Whether any additional training is necessary for non-medical staff to administer the medication by injection appropriately. If additional training is required, the health care provider shall provide instructions including information about the type of training, who may provide such training (which may include the child's parent or guardian), and any other instructions needed to provide the requested medication by injection.
42.6.2.4.1 If additional training is required, the staff members who are certified to administer medication shall complete the additional training specified by the child's health care provider. Such training must be completed in a reasonable period of time based on the availability of such training.
42.6.2.4.2 The licensee shall keep documentation of this training with the child's MAR and inform the parent or guardian in writing who is authorized and trained to perform the requested medication by injection. This information must be updated as needed.
42.6.2.4.3 The licensee shall ensure that at least 1 staff member who is trained as required by subsection 42.6.2.4.1 to provide the requested medication by injection, is present at the home at all times while the child is present.
42.6.2.5 A licensee shall ensure the requirements of subsection 42.6.2 are reviewed with the child's parent or guardian and health care provider yearly, and as needed. Reviews and changes must be written, dated, agreed upon by all parties, and kept with the MAR.
42.7 A school-age child may self-administer medical care, as described in subsections 42.2 through 42.6, with written parent or guardian permission and written health care provider permission. These permissions must indicate the child is able to safely self-administer the prescribed medical care, identify and select the correct medicine and dosage, if applicable, and administer the medical care at the correct time and frequency. The licensee shall keep documentation of these permissions with the child's MAR. A staff member with a current administration of medication certificate shall be present during the self-administration and document all information required on the MAR, including that the medication was self-administered by the child.
42.8 The administration of medication may be required under State and federal laws, including but not limited to the Americans with Disabilities Act and the Delaware Equal Accommodations Law. If an agency, administrative body, court, or other entity responsible for enforcing Federal, State, and local laws and regulations makes a finding that the refusal of a licensee to administer medication is a violation of the law, OCCL shall take appropriate enforcement action consistent with subsection 11.5, due to licensee’s failure to comply with subsection 7.1.2.6.1.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-43.0** Child Accident and Injury {#sec-934-43.0 omnilex-key=us-de-regs-official--title-14--934-43.0}
43.1 When known, a licensee shall ensure when a child in care has an accident or injury, a licensee or staff member gives assistance to protect the child from further harm.
43.1.1 For a serious or potentially serious injury, a licensee shall ensure the parent or guardian is notified immediately after staff members have assisted the child and contacted an ambulance, if needed.
43.1.1.1 Serious injuries are described in the definitions;
43.1.1.2 For these injuries, a licensee shall document when the parent or guardian was informed or when calls were made to the parent or guardian or emergency contact, but no one answered.
43.1.2 A less serious accident or injury requires a parent or guardian to be informed before the child leaves for the day.
43.2 A licensee shall complete and keep a report in the child's file for each accident or injury that includes the name of child, date of injury, description of injury, how it occurred, first aid and medical care given, and parent or guardian or other approved person's signature. The parent, guardian, or approved person must be provided a copy of the report on the day of the injury or within 1 business day.
43.3 If a child has a medical event, such as a seizure, asthma attack, or severe allergic reaction, the parent or guardian must be called immediately after a licensee or staff member assists the child and contacts an ambulance if needed.
43.4 When known, a licensee shall notify OCCL, as described in Section 16.0, when an accident or injury results in death or medical or dental treatment, other than first aid provided at the home.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-44.0** First Aid Kit {#sec-934-44.0 omnilex-key=us-de-regs-official--title-14--934-44.0}
44.1 A licensee shall have at least 1 complete first aid kit. A licensee or staff member, if applicable, shall take a kit on field trips or program outings. The kit must include:
44.1.1 Disposable non-porous gloves;
44.1.2 Scissors;
44.1.3 Tweezers;
44.1.4 A non-glass thermometer to measure a child's temperature;
44.1.5 Bandage tape;
44.1.6 Sterile gauze pads;
44.1.7 Flexible rolled gauze;
44.1.8 Triangular bandage or sling;
44.1.9 Safety pins;
44.1.10 Eye patch or eye pad;
44.1.11 Pen or pencil and note pad;
44.1.12 Instant cold pack or frozen ice pack;
44.1.13 Current American Academy of Pediatrics "AAP" standard first aid chart or equivalent first aid guide;
44.1.14 Small plastic, metal, or wooden finger splints;
44.1.15 Non-medicated adhesive strip bandages; and
44.1.16 Plastic bags for gauze and other materials used in handling blood.
44.2 A licensee shall ensure first aid kits used for field trips/program outings have the following additional items:
44.2.1 Bottled water;
44.2.2 Liquid soap;
44.2.3 Emergency and other needed medications; and
44.2.4 List of emergency phone numbers and the Poison Control Center phone number.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-45.0** Emergency Planning {#sec-934-45.0 omnilex-key=us-de-regs-official--title-14--934-45.0}
45.1 A licensee shall have and follow a written emergency plan that describes what to do in case of a natural or man-made disaster. A licensee shall train staff members on the plan. The emergency plan must include information and procedures for the following areas:
45.1.1 Preparing for a disaster;
45.1.2 Assigning specific responsibilities to a licensee and staff members, if applicable;
45.1.3 Keeping track of children and staff, if applicable;
45.1.4 Moving to a new location, if appropriate;
45.1.5 Communicating with and returning children to families;
45.1.6 Meeting the needs of infants, toddlers, and children with disabilities or medical conditions;
45.1.7 Caring for children after the emergency;
45.1.8 Contacting emergency response agencies and parents or guardians; and
45.1.9 Locking down the home.
45.2 Monthly evacuation drills must be practiced from all exit locations during different times of the day, including nap time. A licensee shall post an evacuation route diagram or exit signs. Each drill must be documented and include:
45.2.1 Drill date and time;
45.2.2 Numbers of children and adults who participated;
45.2.3 Exits used; and
45.2.4 Total time to evacuate the home.
45.3 A licensee shall develop and follow a written plan describing procedures to shelter-in-place for up to 24 hours due to a disaster. The plan must include a list of emergency supplies kept on-site, including enough food that will not spoil, bottled water, and supplies to serve or prepare foods for 1 day without the use of electricity.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-46.0** Transportation {#sec-934-46.0 omnilex-key=us-de-regs-official--title-14--934-46.0}
46.1 A licensee shall ensure the driver and vehicle used to transport children complies with all applicable federal, State and local laws. If transporting children in a vehicle that is owned or leased by the licensee, the licensee shall have documentation of motor vehicle insurance. A licensee may not use 12-15 passenger vans to transport children. Passenger includes the driver. Use of a vehicle, other than a school bus, with a rated capacity as defined by the manufacturer, to carry more than 10 passengers in addition to the driver to transport children is prohibited.
46.2 A licensee shall ensure the driver of a vehicle does not transport more children and adults than the vehicle's capacity determined by the manufacturer.
46.3 A licensee shall ensure the vehicle is inspected for safety before transporting children.
46.4 A licensee shall ensure each child is secured in an individual safety restraint system appropriate to the age, weight, and height of the child at all times while the vehicle, other than a school bus, is in motion.
46.4.1 Safety restraints must be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard.
46.4.2 Child safety restraints must be installed and used as determined by the manufacturer and vehicle's instruction manual.
46.4.3 Safety restraints must be kept in a safe working condition and free of recall.
46.5 A child preschool-age or younger must only be transported on a school bus that is properly equipped with child safety restraints.
46.5.1 With written parent or guardian permission, a child preschool-age or younger may be transported on a school bus unrestrained.
46.5.2 A licensee shall explain to parents or guardians in writing that while child safety restraints on school buses for children preschool-age or younger are not currently required by State law, the National Highway Traffic Administration recommends that children in this age group always be transported using child safety restraints.
46.6 A licensee shall ensure vehicles used to transport children, including parent or guardian vehicles used for field trips (unless only transporting parent’s or guardian’s own children), have and use the following:
46.6.1 A working heater capable of keeping an interior temperature of at least 50°F;
46.6.2 Air-conditioning to reduce the interior temperature when it exceeds 82°F (school buses are exempt);
46.6.3 A working phone;
46.6.4 A traveling first aid kit including children's emergency contact information; and
46.6.5 A dry chemical fire extinguisher approved by Underwriters Laboratory.
46.7 A licensee shall ensure children are loaded and unloaded at the vehicle's curbside or in a protected parking area or driveway.
46.8 A licensee shall ensure all doors are locked when the vehicle is moving.
46.9 A licensee shall have written parent or guardian permission for transportation provided by the home. A licensee shall document arrangements with the parent or guardian including the pickup and drop off times when driving a child to and from the child's school. A licensee shall inform the parent or guardian of the person or transportation service who is driving the vehicle and ask about special needs the child may have during the ride.
46.10 A licensee shall ensure children are never alone in the vehicle and that the vehicle is visually checked at the final location so that no child is left behind.
46.11 A licensee may not transport children in the open back of a truck.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-47.0** Field Trips and Outings {#sec-934-47.0 omnilex-key=us-de-regs-official--title-14--934-47.0}
47.1 A licensee shall ensure children are not permitted off-site unless accompanied by a licensee or a staff member, if applicable, qualified to be alone with children.
47.2 A licensee shall have written parent or guardian permission before taking a field trip. The permission slip must state the location and date of the trip and who will provide transportation.
47.3 A licensee shall have written parent permission for routine outings. The permission slip must state how often the outing occurs, the location of the outing, and how children will travel to the location.
47.4 A licensee shall have and follow a plan for field trips or routine outings that includes procedures for accounting for children at all times and transporting children in an emergency. Medical consent forms and emergency contact information for all children, a traveling first aid kit, and a working phone must be taken on trips or outings. The home's name and phone number must be on tags or another label on each child. A child's name or information that directly identifies the child may not be placed on the child.
47.5 A licensee shall ensure children are under constant supervision whenever off-site to ensure safety.
47.6 Unless a parent or guardian was approved as eligible after having a comprehensive background check, parents or guardians volunteering for field trips must never be alone with children other than their own.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-48.0** Pets {#sec-934-48.0 omnilex-key=us-de-regs-official--title-14--934-48.0}
48.1 A licensee shall ensure pets kept by the home are cared for in a safe and sanitary manner.
48.2 A licensee shall keep proof of vaccinations as required by State law (currently this is rabies vaccinations for dogs and cats).
48.3 Animals known to be carriers of illnesses, such as ferrets, turtles, iguanas, lizards or other reptiles; birds of the parrot family; or animals sick with a disease that may be spread to humans may not be kept in rooms used by children unless children are not allowed to handle them. Poisonous or aggressive animals may not be kept in rooms used by children.
48.4 A licensee shall keep containers solely used for collecting animal feces or urine out of rooms used by children.
48.5 A licensee shall inform parents or guardians of animals or pets kept by the home.
48.6 Children may handle animals only with adult supervision.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-49.0** Water {#sec-934-49.0 omnilex-key=us-de-regs-official--title-14--934-49.0}
A licensee shall ensure drinking water is always available to children indoors and outdoors and supplied to them on their request or available for self-service as appropriate.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-50.0** Meals and Snacks {#sec-934-50.0 omnilex-key=us-de-regs-official--title-14--934-50.0}
50.1 A licensee shall ensure meals and snacks are served on the following schedule depending on the number of hours the child is present:
50.1.1 2 hours - 4 hours: 1 snack;
50.1.2 4 hours - 6 hours: 1 meal and 1 snack;
50.1.3 7 hours - 11 hours: 2 meals and 1 snack or 2 snacks and 1 meal based on time of child's arrival; and
50.1.4 12 hours or more: 3 meals and 2 snacks.
50.2 A licensee shall encourage adults to eat healthy foods when eating with children. A child shall be encouraged but not forced to eat.
50.3 A licensee shall ensure nutritious food is prepared and served to children. Children must be supervised during food preparation.
50.4 A licensee shall ensure meals and snacks provided by the child care home:
50.4.1 Follow the meal pattern requirements (see Appendix X and Appendix XI) appropriate to the child's age;
50.4.2 May include 100% unsweetened juice, not a juice drink or cocktail;
50.4.3 May include powdered milk used only for cooking and not instead of liquid milk for drinking; and
50.4.4 Are planned on a menu, dated, and posted in a noticeable place.
50.4.4.1 Menus listing foods served must be kept for 30 days.
50.4.4.2 Changes to the food served on a certain date must be written on the menu on or before that date.
50.5 A licensee shall ensure when a parent or guardian requests a change of meal patterns due to a medical need, such as food intolerance or allergies, the parent or guardian provides the home with written health care provider permission for the change.
50.6 A licensee shall ensure when a parent or guardian requests a change of meal patterns due to a family's food preferences or religious belief, the parent or guardian provides the home with a list of the foods to remove and the foods to substitute.
50.7 Meal Components for Toddlers and Older Children:
50.7.1 When foods are provided by the parent or guardian, a licensee shall ensure the foods are refrigerated as needed and not shared. There are no meal pattern requirements for foods provided by parents or guardians. A licensee shall have a plan for providing food to a child who has not brought foods to eat.
50.7.2 As described in Appendix X, a licensee shall ensure a breakfast provided and served by a home has at least 1 age-appropriate serving-size item each from the milk, fruit and vegetable, and grain food groups.
50.7.3 As described in Appendix X, a licensee shall ensure lunch or dinner provided and served by a home has 1 age-appropriate serving-size item from each of the milk, meat or meat alternate, and grain food groups and 2 items from the fruit and vegetable food group.
50.7.4 As described in Appendix X, a licensee shall ensure that a snack provided and served by a home has at least 1 age-appropriate serving-size item from 2 of the food groups. If milk or 100% juice is not included with a snack provided and served by the home, water must be served with that snack.
50.8 For foods prepared and served by the home, a licensee shall introduce a variety of food textures, finger foods, and a cup and utensils for self-feeding. If needed, a licensee shall ensure food is cut to prevent choking.
50.9 A licensee shall ensure each child has individual utensils, such as a fork, spoon, knife, dish, cup or bottle, as appropriate to the child's age. This equipment may not be shared with another child or adult during feeding.
50.10 All single-service dinnerware or utensils provided by the home for meals or snacks must be thrown away immediately after use.
50.11 Staff members shall encourage the use of a cup when a child is at least 1 year old and is developmentally able to drink from or hold a cup.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-51.0** Feeding of Infants {#sec-934-51.0 omnilex-key=us-de-regs-official--title-14--934-51.0}
51.1 A licensee shall ensure an infant is given foods and drinks on demand or according to the infant's eating habits using the following guidelines:
51.1.1 A parent or guardian provides a written feeding statement listing the foods and drinks, including specific formula or breast milk, an infant eats or drinks. This schedule must be updated monthly and as needed;
51.1.2 Mixing prepared formula or breast milk in a bottle with anything else requires written permission from an infant's health care provider;
51.1.3 A written record of each infant's food intake must be shared with the parent or guardian daily. Feeding problems must be discussed with the parent or guardian before the infant leaves that day;
51.1.4 An infant must be held for bottle-feeding. When an infant is able to hold a bottle or does not want to be held while fed, the infant may be placed in a high chair or at a feeding table; and
51.1.5 Introduction to all new foods and beverages must be made only with the parent's or guardian's permission.
51.2 Infants are allowed to take breaks during feedings. Infants must be observed for signs of fullness and must be allowed to stop a feeding when full unless documentation from an infant's health care provider requires the feeding to continue;
51.3 Parent or guardian permission is needed to feed formula to an infant receiving only breast milk;
51.4 A staff member shall hold only 1 infant at a time while bottle feeding;
51.5 An infant must never be placed in sleeping or relaxing equipment with a bottle or have a bottle propped for feeding;
51.6 Bottles and infant foods must be warmed for no more than 5 minutes under running warm tap water or by placing them in a container of water that is no warmer than 120° F. They must not be warmed or thawed in a microwave oven;
51.7 For infants age 4 months or older, semi-solid foods may be fed as requested by the parent or guardian and must be required once an infant is 6 months old and developmentally ready unless the parent or guardian provides documentation from the infant's health care provider stating otherwise;
51.8 Foods for infants must be a texture and consistency that helps them eat safely. Puréed foods must be served from a dish unless serving the entire contents of the jar;
51.9 Cow's milk may not be served to infants;
51.10 Juice may not be fed to infants;
51.11 Bottles and nipples kept by the home must be washed and sanitized before each use;
51.12 When there is more than 1 infant in care, each infant's bottle must be labeled with the infant's name. All bottles must be refrigerated immediately after preparation or on arrival if prepared by a parent or guardian;
51.13 Unused bottles must also be dated as to when prepared if not returned to the parent or guardian at the end of each day;
51.14 Unused portions of formula must be thrown away after each feeding that exceeds 1 hour;
51.15 Formula must be prepared from a factory-sealed container;
51.16 Refrigerated, unused, prepared formula must be thrown away after 48 hours; and
51.17 Breast milk must be fed only to the infant it was intended for.
51.17.1 Frozen breast milk must be thawed under running cold water or in the refrigerator and used within 24 hours.
51.17.2 Thawed, previously frozen breast milk may be kept at room temperature for 1 to 2 hours.
51.17.3 Breast milk must be used within 2 hours after a feeding has finished.
51.17.4 Expressed breast milk must be returned to the parent if it is in an unsanitary bottle, if it has been unrefrigerated for more than 4 hours, or if it is more than 2 hours after a feeding has ended at room temperature.
51.17.5 Refrigerated, unused, freshly expressed breast milk that was never frozen must be returned to the parent after 4 days.
51.17.6 Breast milk that was frozen and stored in a freezer at 0° F must be thrown away after 6 months.
51.18 As described in Appendix XI, a licensee shall ensure a breakfast provided and served by a home has at least 1 age-appropriate serving-size item from each of the required food groups including breast milk or formula.
51.19 As described in Appendix XI, a licensee shall ensure lunch or dinner provided and served by a home has 1 age-appropriate serving-size item from each of the required food groups including breast milk or formula.
51.20 As described in Appendix XI, a licensee shall ensure that a snack provided and served by a home has at least 1 age-appropriate serving-size item from each of the required food groups, including the breast milk or formula, grain, and fruit and vegetable food groups.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-52.0** Activities and Interactions {#sec-934-52.0 omnilex-key=us-de-regs-official--title-14--934-52.0}
52.1 A licensee shall interact with children at their eye level and sit on the floor with them whenever appropriate. A licensee shall offer age-appropriate activities to children throughout the day to help their development and school-readiness.
52.2 A licensee shall provide activities and materials that reflect children's cultures and communities, including both familiar and new materials, pictures, and experiences.
52.3 A licensee shall have and follow a schedule that is posted for easy viewing by parents/guardians and staff members. The schedule must list times for the following activities: learning opportunities, active or outdoor play, rest, meals, and snacks. This schedule may be flexible to meet the needs and interests of the children.
52.4 A licensee shall ensure activities and materials are adapted to support all children's learning, including a child with disabilities or other special needs, to benefit from the program.
52.4.1 A licensee shall allow services to be provided at the home for a child with an IEP, IFSP, or Section 504 plan.
52.4.2 At the request of a parent or guardian, a licensee shall permit qualified professionals to complete an observation or assessment of the child while at the home.
52.5 Weather permitting, a licensee shall ensure daily outdoor play is provided for infants, toddlers, and older children when the wind chill factor is 32° F or higher or the heat index is 89° F or lower.
52.5.1 Outdoor play during periods outside this temperature range may be determined by the licensee.
52.5.2 Children must be appropriately dressed for the weather.
52.5.3 A licensee shall ensure the guidelines of the National Weather Service (currently www.weather.gov) are followed if an advisory regarding health or safety risks has been issued.
52.5.4 For infants, this may include riding in a stroller or carriage, but must also include opportunities for gross motor development. This may occur on a blanket or other hazard-free space.
52.6 A licensee shall provide chances for physical activity for each child according to the child's ability. For every 4 hours the child is in care between 7AM and 7PM, 30 or more minutes of physical activity must be provided. Daily active play may be divided into 1 or more blocks of time. It may be indoors or outdoors.
52.7 A licensee and staff members shall interact with each child, giving attention and physical comfort.
52.8 A licensee shall ensure children are not in cribs, pack-and-plays, swings, high chairs, seats, or stationary activity centers for more than 30 minutes at a time while awake. Toddlers and infants, as appropriate, must be provided with an activity during this time. After removing the child from the equipment, the child must be able to move freely on the floor.
52.9 A licensee shall offer activities that meet the needs and interests of school-age children by providing age-appropriate activities, materials, and equipment. These activities must include the following:
52.9.1 Active physical play, such as games, sports, dancing, running, jumping, climbing, or exploring the environment;
52.9.2 Outdoor activities or active indoor play in bad weather;
52.9.3 Time to talk and interact with others; and
52.9.4 Time to relax or quiet activities such as board or card games, reading, homework, and studying.
52.10 A licensee shall ensure activities, such as watching television or using a gaming device, tablet, phone, or computer, are supervised, age-appropriate, and educational. These screen time activities require written parent or guardian permission and are limited to 1 hour or less per day, unless a special event occurs. Assistive technology is not included in screen time restrictions.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-53.0** Overnight Child Care {#sec-934-53.0 omnilex-key=us-de-regs-official--title-14--934-53.0}
53.1 A licensee providing overnight care shall ensure children are supervised at all times.
53.2 A licensee shall provide a program of activities for children before bedtime.
53.3 A licensee shall meet a child's needs for attention at bedtime and upon waking. A licensee shall discuss with the parent or guardian any special preferences, habits, or disability or health-related needs or accommodations or habits regarding bedtime and waking and share this information with the staff member, if applicable, in charge of the child.
53.4 A licensee shall separate sleeping children from children who are awake.
53.5 A licensee shall ensure school-age children do not share a dressing area with people of the opposite sex.
53.6 For children sleeping 4 or more hours at the home between the hours of 10:00 PM and 6:00 AM, the licensee shall provide the following:
53.6.1 A crib, playpen, or pack-and-play for each infant;
53.6.2 A child under 18 months old who does not walk must sleep in a crib, playpen, or pack-and-play;
53.6.3 A child between 12 and 18 months old who walks may sleep on a bed with safety rails with written parent or guardian permission;
53.6.4 Children 18 months old and older may sleep in a crib, playpen, or pack-and-play if the child fits comfortably or in an individual bed with a mattress that is covered with sheets and a blanket; and
53.6.5 A pillow with a pillowcase for each child in a bed.
53.7 A licensee shall ensure each child has clean and comfortable clothes to sleep in.
53.8 A licensee shall follow the parent's or guardian's wishes regarding bathing the child and note this request in the child's record.
53.8.1 Each child must be bathed individually.
53.8.1.1 Bathing equipment must be cleaned with soap and water and then sanitized before each use and equipped to prevent slipping.
53.8.1.2 An infant must be bathed in age-appropriate bathing equipment.
53.8.1.3 No child may be bathed in a sink used for cleaning dishes or utensils.
53.8.2 Water temperature must be checked to prevent burns or scalding, or for water that is too cold.
53.8.3 Individual towels and washcloths must be provided for each child.
53.9 A licensee shall ensure no child is unsupervised while in a bathtub or shower. A licensee shall allow a child capable of bathing alone to bathe in private with written parent or guardian permission. A licensee or staff member, if applicable, shall respect that child's privacy but be immediately available to ensure the child's safety and to offer help if requested.
53.10 A licensee shall ensure there is a night light in the bathroom, hallway, and sleep areas based on the individual needs of the children.
53.11 A licensee shall ensure combs, toothbrushes, brushes, and other such personal items are labeled with the child's name, stored separately, and used only by that child.
PART IV ADDITIONAL PROVISIONS FOR FAMILY CHILD CARE HOMES
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-54.0** Care of Children {#sec-934-54.0 omnilex-key=us-de-regs-official--title-14--934-54.0}
54.1 There is a maximum number of consecutive hours of care a licensee may provide. A licensee shall care for children no more than 17 hours within a day, with at least 7 uninterrupted hours of rest. No other work may occur during the hours of rest.
54.2 A licensee shall be present and providing child care at all times except during the limited use of a substitute.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-55.0** Qualifications {#sec-934-55.0 omnilex-key=us-de-regs-official--title-14--934-55.0}
55.1 A licensee shall submit copies of training certificates, transcripts, and diplomas to OCCL as proof of meeting the qualifications for a particular level.
55.2 For programs licensed after January 1, 2009, a family provider shall be at least 18 years old and have at least a high school diploma or its equivalent to qualify as a Level I family home.
55.3 A licensee shall request approval from OCCL to move from a Level I to a Level II family home. A licensee may not operate a Level II family home until receiving written approval from OCCL.
55.4 A family provider shall have the following experience to qualify as a Level II:
55.4.1 Twenty-four months of experience working with children; or
55.4.2 Three months of supervised student teaching; or
55.4.3 Twenty-four months of providing child care as a licensed Level I family home with no substantiated complaints for serious health and safety violations, or substantial non-compliance.
55.5 A family provider shall be at least 18 years old and have at least a high school diploma or its equivalent, and successfully complete of 1 the following to qualify as a Level II:
55.5.1 Sixty clock hours of training with at least 3 clock hours in each of the following areas: child development; developmental curriculum planning or environment and curriculum; observation and assessment; positive behavior supports or social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration related to running a child care; or
55.5.2 Three college or university credits from a regionally approved college or university in courses related to any of the following areas: child development; developmental curriculum planning or environment and curriculum; observation and assessment; positive behavior supports or social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration related to running a child care; or
55.5.3 Qualified as at least an early childhood assistant teacher as per DELACARE: Regulations for Early Care and Education and School-Age Centers (2020).
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-56.0** Training {#sec-934-56.0 omnilex-key=us-de-regs-official--title-14--934-56.0}
56.1 A licensee and substitute used for planned, non-emergency situations as stated in Section 15.0 shall complete certifications in first aid and in CPR. The CPR certification must include a skills demonstration and be appropriate to the ages of the children in care. Certifications must be kept current.
56.2 A family provider shall successfully complete at least 12 clock hours of annual training including 1 hour of health or safety training as accepted by OCCL.
56.2.1 Annual training must be in at least 3 of the following areas:
56.2.1.1 Child development;
56.2.1.2 Developmental curriculum planning or environment and curriculum;
56.2.1.3 Observation and assessment;
56.2.1.4 Positive behavior supports or social-emotional development;
56.2.1.5 Health, safety, physical activity, and nutrition;
56.2.1.6 Family and community;
56.2.1.7 Professionalism;
56.2.1.8 Disability non-discrimination, accommodations, or modifications; and
56.2.1.9 Management and administration related to running a child care facility.
56.2.2 Annual training may be within 1 or 2 areas if a course was successfully completed or a training was 6 or more clock hours in length.
56.3 A family provider shall complete annual training at least 30 days before the expiration date of the license. Training taken during the month the license expires will be counted toward the following year's annual training requirements.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-57.0** Capacity {#sec-934-57.0 omnilex-key=us-de-regs-official--title-14--934-57.0}
57.1 A Level I family home is licensed to provide child care for up to 4 children preschool-age or younger and for up to 2 additional school-age children that do not live in the family home and attend only before school, after school, during school holidays, and during school vacation;
57.1.1 No more than 2 of the 6 children may be under the age of 12 months; and
57.1.2 No more than 6 children may be present at any time. School-age children may fill preschool-age or younger children's spaces.
57.2 Another option for a Level I family home is to provide child care for up to 5 children preschool-age and younger and no additional school-age children that do not live in the family home;
57.2.1 No more than 2 of the 5 children may be under the age of 12 months; and
57.2.2 No more than 3 of the 5 children may be under the age of 24 months.
57.3 A Level II family home is licensed to provide child care for up to 6 children preschool-age or younger and for up to 3 additional school-age children who do not live in the family home and attend only before school, after school, during school holidays, and during school vacation;
57.3.1 No more than 2 of the 9 children may be under the age of 12 months; and
57.3.2 No more than 4 of the 9 children may be under the age of 24 months; and
57.3.3 No more than 9 children may be present at any time. School-age children may fill preschool-age or younger children's spaces.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-58.0** Indoor Space {#sec-934-58.0 omnilex-key=us-de-regs-official--title-14--934-58.0}
58.1 For the family home licensed before January 1, 2009, a licensee shall ensure the family home provides each child with space for movement and active play. If the home moves from Level I to Level II, a licensee shall provide 25 square feet of indoor space for each child in care in 1 area, room, or adjoining rooms.
58.2 For the family home licensed after January 1, 2009, a licensee shall provide 25 square feet of indoor space for each child in care in 1 area, room, or adjoining rooms. Measurements will be from wall to wall with the licensing specialist subtracting areas where furniture restricts children's movement to determine the square footage. OCCL will not count bathrooms, storage spaces, hallways, furnace rooms, and other areas not used by children in the square footage.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-59.0** Outdoor Fencing {#sec-934-59.0 omnilex-key=us-de-regs-official--title-14--934-59.0}
59.1 A licensee shall ensure the outdoor play area of the family home is fenced if hazards are near. Such hazards include, but are not limited to, high traffic roads, water in streams, rivers, ponds, lakes, pools, railroads, steep mounds or drop-offs, high voltage wires, or poles and towers.
59.1.1 Fencing must be sturdy, safe, reinforced at intervals to give support, constructed to discourage climbing, and allow for viewing the children by the licensee or substitute.
59.1.2 Fencing must be at least 4 feet in height with openings no larger than 3½ inches.
59.1.3 Gates must have a self-closing and self-latching closure device. The latch or closure device must be high enough or made so small children cannot open it. When opened, a licensee shall ensure the gate moves freely and is not hindered by scraping the ground.
59.1.4 Fenced areas must have at least 2 exits. At least 1 exit must be away from the building.
PART V ADDITIONAL PROVISIONS FOR LARGE FAMILY CHILD CARE HOMES
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-60.0** Insurance {#sec-934-60.0 omnilex-key=us-de-regs-official--title-14--934-60.0}
The applicant shall show proof of comprehensive general liability insurance. This insurance must specifically cover the large family home business. A licensee shall keep proof of current insurance throughout licensure.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-61.0** General and Fire Safety {#sec-934-61.0 omnilex-key=us-de-regs-official--title-14--934-61.0}
61.1 A licensee shall ensure a large family home is constructed, used, furnished, maintained, and equipped in compliance with all applicable requirements established by federal, State, local, and municipal regulatory bodies.
61.2 A licensee shall have written compliance certification from appropriate regulatory bodies governing zoning, building construction, and fire safety.
61.3 The designated fire marshal shall conduct a fire inspection annually.
61.4 A licensee shall ensure the large family home is free of unacceptable exposure to hazardous materials and substances.
61.5 Large family homes located in a commercially zoned building that previously contained or currently contains a dry cleaner, nail salon, or any other use that may result in an unacceptable indoor air quality, will not be licensed or have a license renewed, unless the applicant or licensee obtains indoor air sampling as required per 7 DE Admin. Code 1375 that shows there is no impact to the home.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-62.0** Kitchen {#sec-934-62.0 omnilex-key=us-de-regs-official--title-14--934-62.0}
62.1 A licensee shall ensure the large family home has at least 1 separate sink used only for hand washing in the kitchen where food is prepared.
62.2 A licensee shall ensure in addition to the hand-washing sink listed in the above regulation, the large family home also has 1 of the following options:
62.2.1 Two-compartment sink and sanitizing basin in the kitchen; or
62.2.2 One other sink and a dishwasher.
62.3 A licensee shall ensure the large family home has an oven or microwave and a range or cooktop.
62.4 A licensee shall ensure the large family home kitchen has either a window that opens or an exhaust fan for the removal of smoke and odors.
62.5 A large family home is exempt from Section 62.0 when parents or guardians provide the food for meals and snacks or a licensee uses a caterer. The caterer's food establishment permit must be submitted to OCCL before the catering service begins. No food preparation may occur on-site when the large family home's kitchen does not meet the requirements in Section 62.0.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-63.0** Indoor Space {#sec-934-63.0 omnilex-key=us-de-regs-official--title-14--934-63.0}
63.1 A licensee shall ensure the large family home has 35 square feet of indoor space for each child that allows for movement and active play.
63.1.1 Measurements will be from wall to wall with the licensing specialist subtracting areas where the furniture restricts children's movement to determine square footage.
63.1.2 OCCL will not count bathrooms, kitchen areas, storage spaces, hallways, furnace rooms, and other areas not used by children in the square footage.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-64.0** Outdoor Fencing and Space {#sec-934-64.0 omnilex-key=us-de-regs-official--title-14--934-64.0}
64.1 A licensee shall ensure the outdoor play area of the large family home is fenced.
64.2 Fencing must be sturdy, safe, reinforced at intervals to give support, constructed to discourage climbing, and allow for viewing the children by staff members.
64.3 Fencing must be at least 4 feet in height with openings no larger than 3½ inches.
64.4 Gates must have a self-closing and self-latching closure device. The latch or closure device must be high enough or made so small children cannot open it. When opened, a licensee shall ensure the gate moves freely and is not hindered by scraping the ground.
64.5 The fenced area must have at least 2 exits. At least 1 exit must be away from the building.
64.6 The outdoor play area must provide 50 square feet of play space for each child for the maximum number of children who will use the playground at 1 time.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-65.0** Personnel Policies {#sec-934-65.0 omnilex-key=us-de-regs-official--title-14--934-65.0}
65.1 A licensee shall have written personnel policies and procedures available to staff members. These policies must include, as appropriate, procedures for hiring, discipline, dismissal, suspension, and lay-off of the staff member according to applicable laws. A statement signed by the staff member on the orientation form must confirm the review of these personnel policies and procedures and that the staff member was able to ask questions and receive clarification.
65.2 A licensee shall develop, follow, and keep on file written policies and procedures that comply with applicable laws for handling suspected child abuse or neglect that occurs while a child is in or out of the large family home's care.
65.3 A licensee shall ensure no one abuses or neglects children.
65.4 A licensee shall take corrective action to remove the conditions that may have caused or otherwise resulted in a risk of abuse or neglect to children, if the abuse or neglect happened at the home by a staff member.
65.5 A licensee shall ensure a licensee or staff member accused of child abuse or neglect is prohibited from working with children until the results of an investigation are completed and OCCL clears the individual to work with children.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-66.0** Qualifications {#sec-934-66.0 omnilex-key=us-de-regs-official--title-14--934-66.0}
66.1 A licensee and each staff member shall submit copies of training certificates, transcripts, and diplomas to OCCL as proof of meeting the qualifications of a particular position.
66.2 The owner (now licensee), caregiver (now large family provider), or associate caregiver (now large family assistant) of a large family home that was licensed before January 1, 2009, may continue to qualify for the former positions as stated in DELACARE: Requirements for Large Family Child Care Homes (1994) only if remaining at the same large family home. Staff members hired after January 1, 2009, are required to meet the qualifications of these regulations for those positions.
66.3 A licensee shall be considered a staff member if present at the large family home during the hours of operation for 7 or more hours per week. A licensee is required to follow all regulations regarding a staff member.
66.4 A licensee shall serve as or hire a person to serve as the large family provider at the large family home. A licensee shall ensure the large family provider is at least 21 years old, has 24 months of experience working with children in a group, has a high school diploma or its equivalent, and has successfully completed 1 of the following:
66.4.1 Training for Early Care and Education 1 and 2 or equivalent training as recognized by OCCL, such as within the Council for Professional Recognition’s CDA Gold StandardSM Comprehensive certification;
66.4.2 A Child Development Associate Credential (CDA) that is kept valid or current;
66.4.3 Delaware Department of Labor's Early Childhood Apprenticeship Program;
66.4.4 A high school diploma from a vocational-technical high school's 3-year program in early childhood education accepted by the Department;
66.4.5 Nine college or university credits, including 3 in early childhood education, 3 in child development, and 3 in positive behavior management;
66.4.6 One-year early childhood diploma program from a 2-year college;
66.4.7 An Associate degree from an accredited college or university and 6 college or university credits of child development or early childhood education; or
66.4.8 Qualified as at least an early childhood teacher as per DELACARE: Regulations for Early Care and Education and School-Age Centers (2022).
66.5 A licensee shall ensure the large family assistant is at least 18 years old, has 6 months of experience working with children in a group, has a high school diploma or its equivalent, and has successfully completed 1 of the following:
66.5.1 Sixty clock hours of training with a minimum of 3 clock hours in each of the following areas:
66.5.1.1 Child development;
66.5.1.2 Developmental curriculum planning or environment and curriculum;
66.5.1.3 Observation and assessment;
66.5.1.4 Positive behavior supports or social-emotional development;
66.5.1.5 Health, safety, physical activity, and nutrition;
66.5.1.6 Family and community; and professionalism; or
66.5.2 Three college or university credits from a regionally accredited college or university in courses related to any of the following areas:
66.5.2.1 Child development;
66.5.2.2 Developmental curriculum planning or development and curriculum;
66.5.2.3 Observation and assessment;
66.5.2.4 Positive behavior supports or social-emotional development;
66.5.2.5 Health, safety, physical activity, and nutrition;
66.5.2.6 Family and community;
66.5.2.7 Professionalism;
66.5.2.8 Disability non-discrimination, accommodations, or modifications; and
66.5.2.9 Management and administration related to operating a child care facility; or
66.5.3 Qualified as at least an early childhood assistant teacher as per DELACARE: Regulations for Early Care and Education and School-Age Centers (2022).
66.6 A licensee shall ensure that the large family aide is at least 18 years old and has a high school diploma or its equivalent. Unless trained in the orientation topics, administration of medication, and CPR and first aid, the large family aide shall remain under the direct supervision of the large family provider, large family assistant, or substitute at all times.
66.7 A licensee shall ensure an adult or youth volunteer is always under the supervision of the large family provider and direct supervision of at least the large family assistant.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-67.0** Staffing {#sec-934-67.0 omnilex-key=us-de-regs-official--title-14--934-67.0}
67.1 A licensee shall ensure the large family home has at least 1 staff member qualified as a large family provider.
67.2 A licensee shall ensure the large family home has at least 1 staff member qualified as a large family assistant or large family aide unless operating as a Level II family child care home.
67.3 A licensee shall ensure the large family provider is present and providing child care at the large family home at least 75% of the hours of operation.
67.4 A licensee shall keep a written record of the daily schedule of staff members including their exact hours worked each day. A licensee shall keep this record for at least 3 months.
67.5 A licensee shall ensure every infant has an identified staff member who has the primary, but not the only, responsibility for feeding, comforting, and otherwise caring for the infant's needs.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-68.0** Capacity and Staff-to-Child Ratios {#sec-934-68.0 omnilex-key=us-de-regs-official--title-14--934-68.0}
68.1 A licensee's own household members do not count in the capacity when care is provided at a commercial location unless the child is present.
68.2 OCCL shall license a large family home to provide care for up to 12 children.
68.3 A licensee shall ensure a large family provider or large family assistant in accordance with subsection 67.3 may alone care for 6 children preschool-age or younger and 3 additional school-age children who do not live in the large family home and attend only for before school, after school, during school holidays, and during school vacation:
68.3.1 No more than 2 of the 9 children are under the age of 12 months; and
68.3.2 No more than 4 of the 9 children are under the age of 24 months; and
68.3.3 No more than 9 children may be present at any time. School-age children may fill preschool-age or younger children's spaces.
68.4 A licensee shall ensure a large family provider and large family assistant or large family aide are present when there are 7 or more preschool-age or younger children present.
68.4.1 No more than 4 of the 12 children are under the age of 12 months; and
68.4.2 No more than 6 of the 12 children are under the age of 24 months; and
68.4.3 No more than 12 children may be present at any time. School-age children may fill preschool-age or younger children's spaces.
68.5 A licensee shall ensure a large family provider and 2 additional staff members are present when:
68.5.1 Five or 6 children 12 months or younger are present; no more than 6 children under the age of 12 months may be present at any time; or
68.5.2 Seven or more children under the age of 24 months are present; and
68.5.3 No more than 12 children may be present at any time. School-age children may fill preschool-age or younger children's spaces.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-69.0** Personnel Files {#sec-934-69.0 omnilex-key=us-de-regs-official--title-14--934-69.0}
69.1 A licensee shall have a personnel file for each staff member. This file must be available upon request for 3 months after employment ends. Except as noted, all file contents are required at the start of employment and must include the following:
69.1.1 Personal data sheet, completed application, or résumé containing the staff member's name, date of birth, home address, and phone number;
69.1.2 Work start date, and end date, if applicable;
69.1.3 Two references from adults not related to the person who can verify the person is of good character and can meet the needs of children. These references may be letters or written notes gathered by calling the reference. Phone references require the reference's name, phone number, date called, information about the staff member's character and if the reference has knowledge about how the person works with children, and the name of person receiving the reference;
69.1.4 Release of employment history form and received Service Letters, or documentation showing 2 requests and follow-up for Service Letters has been made. If the person has not worked or if unable to get at least 1 completed Service Letter, 2 additional reference letters or phone references are required;
69.1.5 Proof of qualifications, if applicable;
69.1.6 Health appraisal on file within the first month of employment, conducted within 1 year before the start date. This appraisal must confirm the person's health and document medical or physical conditions that pose a direct threat to the health and safety of children or others. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children. Written evidence of follow-up of any known health condition of the staff member affecting or potentially affecting the staff member’s ability to care for children is required to be on file before the staff member returns to work;
69.1.7 TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff on file within the first month of employment, conducted within 1 year before the start date;
69.1.8 A statement signed by the staff member stating the staff member's status regarding all previous convictions, current indictment or involvement in criminal activity involving violence against a person; child abuse or neglect; possession, sale or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; serious violations of accepted standards of honesty or ethical behavior; or a case of child abuse or neglect substantiated by the division or the respective responsible entity in another state or country;
69.1.9 Fingerprinting receipt before starting employment;
69.1.10 Comprehensive background check letter and additional eligibility letters every 5 years of employment;
69.1.11 Adult abuse registry check;
69.1.12 Documentation acknowledging the person is aware that the use of alcohol or a drug that could negatively affect essential job functions, or unlawful possession, manufacture, or distribution of alcohol or drugs, or possession while working of a controlled substance other than by the person for whom it was prescribed is prohibited in the large family home;
69.1.13 Documentation informing the person of the child abuse and neglect mandated reporting law and reporting procedures;
69.1.14 If transporting children, a copy of the current driver's license;
69.1.15 Copy of job description;
69.1.16 Orientation form that includes documentation of training in the following topics before working with children, except as noted:
69.1.16.1 DELACARE Regulations;
69.1.16.2 Policies and procedures of the home;
69.1.16.3 Emergency preparedness and disaster and evacuation plans;
69.1.16.4 OCCL's approved Health and Safety Training for Child Care Professionals including the following topics (certificate required):
69.1.16.4.1 Safe sleep practices including prevention of sudden infant death syndrome;
69.1.16.4.2 Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment;
69.1.16.4.3 Prevention of and response to emergencies due to food and allergic reactions;
69.1.16.4.4 Prevention and control of communicable diseases, including immunization;
69.1.16.4.5 Building and physical grounds safety;
69.1.16.4.6 Handling and storage of hazardous materials and proper disposal of bio-contaminants;
69.1.16.4.7 Administration of medication; and
69.1.16.4.8 Safety measures in transporting children.
69.1.16.5 Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law, and reporting requirements (certificate required);
69.1.16.6 Administration of medication certificate within 2 months of hire; and
69.1.16.7 Current first aid and CPR certifications within 2 months of hire.
69.1.17 Record of annual training hours, if applicable.
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
##### **14 Del. Admin. Code § 934-70.0** Training {#sec-934-70.0 omnilex-key=us-de-regs-official--title-14--934-70.0}
70.1 A licensee shall ensure that within 2 months of hire, staff members and the non-emergency substitute have certifications in first aid and CPR. The CPR certification must include a skills demonstration and be appropriate to the ages of the children in care. A licensee shall ensure certifications are current. The large family provider must have these certifications to open a large family home.
70.2 A licensee, present at the large family home for 7 hours or more per week, large family provider, large family assistant, and large family aide shall successfully complete 15 clock hours of annual training including 1 hour of health or safety training as accepted by OCCL. Annual training must be completed during the dates that appear on the license.
70.2.1 Annual training must be within 3 of the following areas: child development; developmental curriculum planning or environment and curriculum; observation and assessment; positive behavior supports or social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; disability non-discrimination, accommodations, or modifications; and management and administration related to operating a child care facility.
70.2.2 Annual training may be within 1 or 2 areas, if a licensee or staff member completes a college or university course or if the training is 6 or more hours in length.
APPENDICES
APPENDIX I
FCCH Initial License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix I FCCH Initial License Application.pdf
APPENDIX II
LFCCH Initial License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix II LFCCH Initial License Application.pdf
APPENDIX III
FCCH Renewal License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix III FCCH Renewal License Application.pdf
APPENDIX IV
LFCCH Renewal License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix IV LFCCH Renewal License Application.pdf
APPENDIX V
FCCH Relocation License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix V FCCH Relocation License Application.pdf
APPENDIX VI
LFCCH Relocation License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix VI LFCCH Relocation License Application.pdf
APPENDIX VII
Variance Request
https://regulations.delaware.gov/AdminCode/title14/900/Appendix VII Variance Request.pdf
APPENDIX VIII
Immunizations
https://regulations.delaware.gov/AdminCode/title14/900/Appendix VIII Immunizations.pdf
APPENDIX IX
Administration of Medication Self-Training Guide
https://regulations.delaware.gov/AdminCode/title14/900/Appendix IX Administration of Medication Self-Training Guide.pdf
APPENDIX X
Child Meal Patterns
https://regulations.delaware.gov/AdminCode/title14/900/Appendix X Child Meal Patterns.pdf
APPENDIX XI
Infant Meal Patterns
https://regulations.delaware.gov/AdminCode/title14/900/Appendix XI Infant Meal Patterns.pdf
**History**
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
- *25 DE Reg. 1017 (05/01/22)*
- *10 DE Reg. 1044 (12/01/06)*
- *18 DE Reg. 974 (06/01/15)*
- *22 DE Reg. 865 (04/01/19)*
- *24 DE Reg. 272 (09/01/20)*
- *24 DE Reg. 677 (01/01/21)*
- *25 DE Reg. 1017 (05/01/22)*
### **935** DELACARE: Regulations for Residential Child Care Facilities and Day Treatment Programs
##### **14 Del. Admin. Code § 935-1.0** Legal Basis {#sec-935-1.0 omnilex-key=us-de-regs-official--title-14--935-1.0}
The legal basis for these licensing regulations is in 14 Del.C. §§3001A-3005A.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-2.0** Purpose {#sec-935-2.0 omnilex-key=us-de-regs-official--title-14--935-2.0}
The purpose of these regulations is to protect the health, safety, and well-being of children who are placed in residential child care facilities or who are enrolled in day treatment programs. These regulations establish minimum standards for these facilities and programs set forth by the Office of Child Care Licensing (known hereafter as OCCL).
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-3.0** Definition of Terms {#sec-935-3.0 omnilex-key=us-de-regs-official--title-14--935-3.0}
The following words and terms, when used in this regulation, have the following meaning:
"Agreement of understanding" means a contract between OCCL and the licensee by which the licensee agrees to specific terms to maintain licensure.
"Applicant" means the person or entity, such as a company, corporation, business, organization, or agency, that is applying for initial licensure or license renewal of a residential child care facility or day treatment program.
"Behavior supports" means the techniques used by a licensee or staff to help a child achieve positive behavior and to address and correct inappropriate behavior in a constructive and safe manner. The methods used must be in accordance with written policies and procedures governing program expectations, child and staff safety, and the child's service plan.
"Business day" means a weekday Monday through Friday, not including State of Delaware or DOE legal holidays that fall on a weekday.
"Case manager" means a person designated by a licensee who works directly with children, their families, and other relevant individuals and who is primarily responsible for the development, implementation, and review of service plans for the child. This person also works to coordinate care and services to individuals and families.
"Chemical restraint" means the involuntary emergency administration of medication in immediate response to a dangerous behavior.
"Chief administrator" means the person designated by a licensee as having day-to-day responsibility for the overall administration and operation of a facility or program and for assuring the care, treatment, safety, and protection of children.
"Child" means a person who has not reached the age of 18 years or a person who becomes 18 while residing in the facility or participating in the program, who has not reached the age of 22. Child also includes a person enrolled in a State public school or receiving an approved extension to remain in care.
"Child abuse" means to cause or inflict sexual abuse on a child less than 18 years of age; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Del.C. §901.
"Child sexual abuse" means an act against a child less than 18 years of age that is described as a sexual offense or child exploitation as defined in 11 Del.C. §8550(2).
"CHU" means the Criminal History Unit in the Department of Services for Children, Youth and Their Families.
"Complaint investigation" means the process followed by OCCL to investigate accusations that a licensee does not comply with these regulations or applicable laws.
"Conference" means a meeting between OCCL and a licensee, chief administrator, or designated representative to discuss serious non-compliance as defined in these regulations or to discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance that a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations.
"Denial" means an enforcement action initiated by OCCL to refuse to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
"Department" means the Department of Education.
"Designated representative" means the person who has been assigned by the applicant or licensee to act on the applicant's or licensee's behalf and granted authority over program operations and to represent the applicant or licensee in dealings with OCCL. This person may sign the application with written authorization from the applicant or licensee.
"Direct care supervisor" means a person assigned responsibility by a licensee for the supervision of direct care workers. A case manager may also serve as a direct care supervisor.
"Direct care worker" means a person designated by a licensee to provide direct care and supervision of children as described in the facility or program's policies.
"Director" means the person responsible for the supervision and administration of OCCL.
"DFS" means the Division of Family Services within the Department of Services for Children, Youth and Their Families.
"DPH" means the Division of Public Health.
"DSCYF" means the Department of Services for Children, Youth and Their Families.
"Enforcement action" means an action taken by OCCL to promote compliance. Enforcement actions are warning of probation, probation, suspension, revocation, and denial.
"Facility" means a residential child care facility.
"Hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant may provide evidence to contest the action.
"License" means a document issued by OCCL allowing a person or entity to operate a residential facility or day treatment program after demonstrating compliance with these regulations and applicable State laws.
"Licensee" means the person or entity, such as a company, corporation, business, organization, or agency, which has the legal responsibility and authority to operate a residential child care facility or day treatment program.
"Licensing specialist" means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Licensing supervisor" means an OCCL employee who is responsible for performing supervisory and regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Living unit" means a designated area or space in which a group of children resides or receives care.
"Neglect" means the failure to provide, by those responsible for the care, custody, and control of a child less than 18 years of age, the proper or necessary education as required by law; nutrition; or medical, surgical or any other care necessary for the child's well-being as defined in 10 Del.C. §901.
"Office of Child Care Licensing" or "OCCL" means the agency within the Department authorized under 14 Del.C. §§3001A-3005A to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Parent" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody, of a child. The term "parent" does not include the referring agency.
"Physical escort" means a temporary touching or holding, without the use of force, of the hand, wrist, arm, shoulder, or back for the purpose of encouraging a child who is agitated to walk to a safe location.
"Physical restraint" means the non-punitive, age-appropriate, time-limited, and reasonable use of physical holding that is required to restrict the movement of a child for the purpose of preventing harm to the child or to others when the child fails to respond to other techniques.
"Plan review" means the document submitted to OCCL by an applicant requesting approval to open a new facility or program or by a licensee for an expansion or renovation of a licensed facility's or program's indoor or outdoor space to ensure compliance with these regulations.
"Positive reinforcement" means an action that when systematically and regularly used following the desired behavior of a child, makes it more likely that the desired behavior will recur.
"Probation" means an enforcement action initiated by OCCL due to the residential child care facility's or day treatment program's serious non-compliance with these regulations. This action directs the licensee to correct non-compliance and maintain compliance or face revocation or denial.
"Program" means a day treatment program.
"Provisional license" means a license issued for a time-limited period under a corrective action plan when a licensee is temporarily unable to comply fully with these regulations. There can be no serious risk to the health, safety, and well-being of children. An extension to the provisional license requires the director's approval.
"Psychotropic medication" means a chemical substance that changes brain function and alters perception, mood, or consciousness.
"Referring agency" means an organization, either publicly or privately operated, that is legally authorized to place a child in a facility or to refer a child to a program.
"Revocation" means an enforcement action initiated by OCCL to rescind a license during the license's effective dates withdrawing permission to operate.
"Seclusion" means the involuntary confinement of a child, age 6 or older, alone in a room or area from which the child is physically prevented leaving due to the child's behavior. This is a time-limited restrictive procedure that typically involves a child being removed from the child's environment by using a physical restraint or physical escort, placing the child in a locked or unlocked room under constant monitoring, and preventing the child from getting out.
"Serious non-compliance" means an action or actions that violate these regulations and presents a significant risk to children. Serious non-compliance includes the following: child abuse or neglect, excessive non-compliance, failing to admit authorized people into the facility, failing to cooperate with an investigation, failing to report abuse or neglect, improper discipline, improper staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs or alcohol, leaving unqualified staff alone with children, failing to complete background checks as required, having an unsafe building or environment, refusing to sign an agreement of understanding, or failing to comply with a signed agreement of understanding.
"Service letter" means a letter required by the Delaware Department of Labor, 19 Del.C. §708, are used to determine whether a person seeking employment was counseled, warned, reprimanded, suspended, or discharged as a result of a reasonably substantiated incident involving the person's violent behavior or threat of violence in the workplace, or for abuse, negligence, or neglect of patients, clients, residents, or children.
"Service plan" means a written, prescribed plan that specifies the basis for a child's admission to a facility or program, the techniques to be used to address a child's treatment needs, and goals for family reunification or permanency planning. This plan must identify the people responsible for developing and implementing the plan and the time frames for carrying out the plan while the child resides in the facility or participates in the program.
"Staff member" means any person who is employed by a licensee or any person under contract with a licensee excluding any vendors that do not provide direct care to children.
"Supervision of children" means staff members are physically present in the facility on the same floor level as children and monitoring the children's whereabouts to ensure timely attention to children's actions and needs.
"Suspension order" means a notice issued by OCCL directing a licensee to stop providing child care as of a specific date. While the license is suspended, a licensee may not provide child care.
"Teacher" means a person designated by a licensee to provide direct education services to children.
"Time-out" means the time-limited removal of a child from the child's immediate environment or the time-limited prohibition of a child to participate in an activity, as listed in Section 17.0.
"Trauma-informed care" means a facility or program's structure and treatment framework is grounded in an understanding of and responsiveness to the impact of trauma, that emphasizes physical, psychological, and emotional safety for the child, and that creates opportunities for the child to rebuild a sense of control and empowerment.
"Treatment plan" means a written plan of services included in the service plan to meet the specific treatment goals and needs of a child. The plan includes various services designed, developed, and implemented by a licensee to assist the needs of a child concerning education, health, medical, psychological, social, or other needs.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
"Volunteer" means a person who provides an unpaid service or support to a facility or program. The term "volunteer" shall include student interns.
"Warning of probation" means an enforcement action initiated by OCCL because the facility or program was cited for serious non-compliance. This action directs the licensee to correct non-compliance and maintain compliance or face probation or other enforcement action.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-4.0** Definition of Regulated Services {#sec-935-4.0 omnilex-key=us-de-regs-official--title-14--935-4.0}
4.1 An individual, corporation, LLC, organization, entity, program, or agency may not operate a residential child care facility or day treatment program or provide child care services as defined in these regulations unless under state ownership and control or issued a license by OCCL. Anyone who operates a facility or program without a license violates 14 Del.C. §§3001A-3005A, The Delaware Child Care Act, and shall be fined not more than $1000 or imprisoned not more than 6 months, or both.
4.2 Licensed residential child care facilities shall meet the provisions of Sections 3.0 through 54.0, and, if applicable, the specific provisions for the service type a licensee wishes to operate. The facility and program requirements for licensees are:
4.2.1 A licensee operating an alternative to detention facility shall also meet the provisions of Sections 55.0 through 56.0.
4.2.2 A licensee operating a drug and alcohol treatment facility shall also meet the provisions of Sections 58.0 and 59.0.
4.2.3 A licensee operating an independent living facility shall also meet the provisions of Sections 60.0 through 64.0.
4.2.4 A licensee operating a parenting adolescent facility shall also meet the provisions of Sections 66.0 through 75.0.
4.2.5 A licensee operating a shelter care facility shall also meet the provisions of Sections 77.0 and 78.0.
4.2.6 A licensee operating a wilderness adventure facility shall also meet the provisions of Sections 80.0 and 86.0.
4.2.7 A licensee operating a day treatment program shall meet the provisions of Sections 3.0 through Section 48.0 and Sections 82.0 through 92.0.
4.2.8 A licensee using restrictive procedures shall meet the provisions of Section 93.0.
4.3 "Residential child care facility" or "residential facility" means a facility that provides out-of-home, 24-hour care, protection, and supervision for children who have: behavioral dysfunctions; developmental, emotional, mental or physical impairments; or chemical dependencies. Children may also reside in a residential facility when they are in the Department of Services for Children, Youth and Their Families' Division of Family Service's custody, pregnant or have children, awaiting a court appearance, needing temporary living arrangements, or are preparing to live on their own. A psychiatric hospital or an approved foster home is not a residential facility.
4.4 Residential child care facilities may also include specific service types, after the facility meets the additional provisions listed in these regulations. The specific service types are:
4.4.1 "Alternative to detention" means a facility for adolescents awaiting a court appearance;
4.4.2 "Drug and alcohol treatment" means a facility that provides care and treatment for children addicted to drugs or alcohol that strives to end the addiction;
4.4.3 "Independent living" means a facility that provides care for 12 or fewer adolescents to prepare them to live as self-sufficient adults;
4.4.4 "Parenting adolescent" means a facility for pregnant adolescents or adolescents caring for their own child or children;
4.4.5 “Shelter care" means a facility that provides temporary or emergency care for children for 45 days or less, unless meeting the extension requirements of Section 78.0; and
4.4.6 "Wilderness adventure" means a facility whose primary purpose is to engage children in camping and a course of activities to help them learn and develop a sense of social responsibility, self-worth, and problem solving. Children camp for more than 5 days and may travel through 1 or more states. The activities may involve strenuous exercise or physical exertion, such as high rope challenge courses, wilderness trekking, rock climbing, and rappelling.
4.5 "Day treatment program" means a program that provides highly structured, intensive, non-residential services for less than 24 hours each day to children who have: behavioral dysfunctions; developmental, emotional, mental or physical impairments; or chemical dependencies.
4.6 Licensed residential facilities operating an educational program for residents and day students shall be exempt from day treatment program requirements when more than 50% of the students are residents of the facility.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-5.0** Authority to Inspect {#sec-935-5.0 omnilex-key=us-de-regs-official--title-14--935-5.0}
5.1 Applicants, licensees, staff members, and volunteers if applicable shall allow access to the facility or program to officials from OCCL and other State and local agencies during the hours of operation to determine compliance with applicable codes, regulations, or laws. This includes access to information, files, documents, and video recordings needed to determine compliance.
5.2 Applicants, licensees, staff members, and volunteers if applicable, shall allow and not hinder the interviewing of an applicant, licensee, staff member, volunteer, resident, child in care, or child's parent by officials from OCCL or other State and local agencies. Interviews will occur to determine compliance with these regulations and other applicable codes, regulations, or laws. A licensee shall cooperate and have staff members cooperate with investigations regarding allegations of child abuse or neglect conducted by DSCYF.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-6.0** License Requirements {#sec-935-6.0 omnilex-key=us-de-regs-official--title-14--935-6.0}
6.1 To operate a facility or program, OCCL must issue a license for the site address listed on the application. The license is valid at this address only. A new license is required before a facility or program may provide services at a new address. See Section 10.0 for relocations. A licensee may use 1 license for multiple buildings at the same site address or choose to have each building licensed individually.
6.2 A license remains the property of OCCL and is not transferable or subject to sale.
6.3 A licensee shall post the license where it is visible to the public.
6.4 A license shall state the maximum number of children who may be served in the facility or program at 1 time.
6.5 When a facility or program is sold, closes, or relocates, or when the license has been suspended, revoked, or expires, the license immediately becomes void.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-7.0** Procedures for Initial Licensure {#sec-935-7.0 omnilex-key=us-de-regs-official--title-14--935-7.0}
7.1 An applicant shall complete the following steps and submit the following information to OCCL when seeking a license:
7.1.1 Attend OCCL's information session to learn the application process and regulations or send the designated representative.
7.1.2 Submit a completed Initial License Application (see Appendix I), which includes:
7.1.2.1 Applicant's name, address, email, and phone numbers;
7.1.2.2 Applicant's references including: For corporations, contact information for board president; and for LLCs, contact information for managing member;
7.1.2.3 Previous licensure information, if applicable;
7.1.2.4 Program information (including ages of children to be served);
7.1.2.5 Staffing information (including names of proposed staff); and
7.1.2.6 Certifications that include:
7.1.2.6.1 Agreement to comply with federal and State laws and regulations;
7.1.2.6.2 Statement that information supplied is true and correct; and
7.1.2.6.3 Acknowledgment that OCCL is required to make a thorough investigation of the applicant.
7.1.3 Submit the following items to OCCL:
7.1.3.1 Blueprints or diagrams of the facility or program;
7.1.3.2 Plan review including an emergency plan;
7.1.3.3 Sample 2-week menu, if providing meals or snacks (if using a catering service, a copy of the caterer's food establishment permit);
7.1.3.4 Business plan;
7.1.3.5 Deed, lease, or documentation showing a lease or sale will be entered into at a date prior to licensure of the facility or program. An actual deed or lease is required before the pre-licensing visit is conducted;
7.1.3.6 Fire marshal plan review approval and inspection approval from the State fire marshal or designated fire marshal when located within the city limits of Wilmington, Newark, New Castle, or Dover;
7.1.3.7 Proof of compliance with zoning codes or certificate of occupancy or use, and, if applicable, other codes, regulations, guidelines, or laws, such as those regarding building construction, plumbing, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
7.1.3.8 Lead-paint risk assessment and requirements of subsection 34.2, if the facility was built before 1978;
7.1.3.9 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past 5 years. If an applicant has no former employer, the applicant shall provide information for 2 more references;
7.1.3.10 Background checks, as described in subsection 18.3, for the applicant and designated representative;
7.1.3.11 If an applicant will be present at the facility or program, an applicant's health appraisal must contain a tuberculosis (TB) test or medical professional risk assessment that verifies the person does not pose a threat of transmitting TB to children or other staff, and was conducted within 1 year before the application date. This form must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have access to children or others and any reasonable accommodations that may be required;
7.1.3.12 Description of services as described in Section 16.0;
7.1.3.13 Policies and procedures manual as described in Section 17.0;
7.1.3.14 Staff handbook;
7.1.3.15 Evidence showing each room used for care is free of radon hazards using the Environmental Protection Agency's (EPA) guidelines:
7.1.3.15.1 Testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.
7.1.3.15.2 If testing indicates a radon level over 4.0 pCi/L, radon mitigation according to industry standards must occur or a long-term radon test (90-120 days) must indicate a level less than 4.0 pCi/L.
7.1.3.16 Certification of indoor air quality or air quality testing, if applicable;
7.1.3.17 Documentation showing staff meet the qualifications for chief administrator and case manager due by pre-licensing visit;
7.1.3.18 Certificate of comprehensive liability insurance due by pre-licensing visit; and
7.1.3.19 State business license or documentation of tax-exempt status.
7.2 Upon receipt of the completed application and required information, a licensing specialist will:
7.2.1 Review the application and information, and conduct a pre-licensing visit to inspect the premises to determine whether the applicant complies with these regulations;
7.2.2 Make a recommendation for licensure. If a license is granted, it will be a 6-month initial provisional license; and
7.2.3 Notify the applicant as stated in subsection 13.4.2, if an initial provisional license to operate is denied.
7.3 A licensing specialist shall conduct a compliance review at the facility or program before the expiration of the initial provisional license. Once this review is completed, OCCL will issue a provisional or annual license depending upon whether full compliance is obtained. If full compliance is obtained, this annual license will be valid for 6 months.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-8.0** License Renewal {#sec-935-8.0 omnilex-key=us-de-regs-official--title-14--935-8.0}
8.1 A licensee shall submit a completed Renewal License Application (see Appendix II) to OCCL at least 60 days before the current license expires that includes the following:
8.1.1 A current certificate of comprehensive general liability insurance;
8.1.2 A current certificate of motor vehicle insurance, if applicable; and
8.1.3 A copy of the current State business license unless documentation showing tax-exempt status had been previously submitted.
8.2 Applications received less than 60 days before the license expiration will be cited as late on the compliance review.
8.3 When a licensee applies on time, the existing license will not expire until OCCL makes a decision on the renewal application.
8.4 If a license expires before a licensee applies for renewal, the licensee must cease conducting child care. Failure to cease conducting child care may be penalized in accordance with 14 Del.C. §3005A.
8.5 When a licensee applies after the license expires, if approved, the new license will start the date OCCL received the application. A license will not be backdated.
8.6 A licensing specialist or licensing supervisor shall verify during an announced annual compliance review that the licensee complies with these regulations.
8.6.1 A licensee found to be non-compliant with the regulations will be cited and given a corrective action plan. If on an enforcement action at the time of license renewal, the licensee may face license denial if the licensee has been unable to achieve or maintain compliance with these regulations during the enforcement period.
8.6.2 Within 5 business days of the citation, a licensee may dispute citations by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
8.6.2.1 A licensee may provide evidence that the facility was wrongly cited.
8.6.2.2 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
8.6.2.3 The supervisor will inform the licensee of the decision in writing.
8.7 OCCL will issue 1 of the following types of licenses:
8.7.1 An annual license for 12 months when the licensee is in full compliance with the regulations;
8.7.2 A provisional license when the licensee is unable to achieve full compliance before the current license expires and the licensee agrees to comply with the corrective action plan; or
8.7.3 A license extension when compliance has not been determined through no fault of the licensee.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-9.0** Changes Affecting a License {#sec-935-9.0 omnilex-key=us-de-regs-official--title-14--935-9.0}
9.1 A licensee shall submit a new application and receive approval before changing the facility's or program's name. After receiving approval, the licensee shall submit a business license and proof of comprehensive general liability insurance with the new name before OCCL issues a new license.
9.2 A licensee shall submit a new application to request a change in the type of authorized regulated service.
9.3 A licensee shall submit a revised plan review and receive approval before changing the ages of children served to include infants and toddlers;
9.3.1 Making additions or renovations to the indoor areas, outdoor areas, or classrooms of the facility or program; or
9.3.2 Changing meal services provided.
9.4 Before the new or renovated area is used or the new meal service begins, a licensing specialist will conduct an on-site visit to confirm the plan was followed.
9.5 A licensee and prospective licensee shall follow the procedures in subsection 14.7.1 in preparation for the sale of the facility or program.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-10.0** Relocation of a Facility or Program {#sec-935-10.0 omnilex-key=us-de-regs-official--title-14--935-10.0}
10.1 A licensee planning to relocate shall notify OCCL at least 90 days before a planned relocation of a facility or program. A licensee shall complete a Relocation Application (see Appendix II) and submit the following information for the new location to OCCL before a licensing specialist conducts a compliance review:
10.1.1 Blueprints or diagrams of the facility or program;
10.1.2 Plan review including an emergency plan;
10.1.3 Deed, lease, or documentation showing a lease will be entered into at a date prior to licensure for the facility or program or if located in a school, permission to use an area or classroom;
10.1.4 Fire marshal plan review approval and inspection approval for the facility or program;
10.1.5 Proof of compliance, if applicable, from the appropriate regulatory bodies governing zoning/certificate of occupancy or use, building construction, plumbing, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
10.1.6 Certification of indoor air quality or air quality testing, if applicable;
10.1.7 Evidence showing each room used for care to be free of radon hazards and mitigation if necessary, as stated in subsection 34.3;
10.1.8 State business license showing new site address;
10.1.9 Certificate of current comprehensive general liability insurance; and
10.1.10 Lead-paint risk assessment and requirements of subsection 34.2, if the building was built before 1978.
10.2 A licensee may not provide services at the new location until OCCL issues a license for the new address.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-11.0** Regulation Variance {#sec-935-11.0 omnilex-key=us-de-regs-official--title-14--935-11.0}
11.1 An applicant or licensee shall comply with all regulations unless an applicant or licensee requests a variance from OCCL and receives written approval.
11.2 To request a variance, the applicant or licensee shall complete a variance request form (see Appendix III) describing how the applicant or licensee will meet the intent of a specific regulation in a different way from the way the regulation states. The change may not endanger the health, safety, or well-being of children in care.
11.3 OCCL's director or designee will approve or deny applicant or licensee's variance request in writing after receipt of the variance request.
11.4 The licensee shall keep the variance approval and make it available upon request. A variance is valid only for this licensee. If the licensee fails to comply with the variance, OCCL will withdraw the variance approval and require the licensee to comply as the regulation states.
11.5 A variance denial or withdrawal of approval may be appealed by requesting a conference with the Associate Secretary of Early Childhood Support within 5 business days of receiving the denial or withdrawal.
11.5.1 The conference shall be scheduled within 10 business days.
11.5.2 The decision of the Associate Secretary of Early Childhood Support is final.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-12.0** Complaints {#sec-935-12.0 omnilex-key=us-de-regs-official--title-14--935-12.0}
12.1 OCCL shall investigate when a complaint is received regarding a possible violation of these regulations.
12.2 OCCL shall conduct an unannounced visit to investigate the complaint and notify the licensee or staff member that a complaint is being investigated at that unannounced visit.
12.3 OCCL shall provide the licensee with a written complaint report containing the results of the investigation.
12.4 If the complaint is substantiated or if other violations are found during the investigation, a licensee shall correct the violations and come into compliance with these regulations.
12.5 Within 5 business days of receiving the complaint investigation report, a licensee may dispute citations or findings by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
12.5.1 A licensee may provide evidence that the facility was wrongly cited.
12.5.2 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
12.5.3 The supervisor will inform the licensee of the decision in writing.
12.6 Complaints relating specifically to laws, rules, or regulations of other governmental entities (including the Americans with Disabilities Act and Delaware Equal Accommodations Law) may be investigated by OCCL if the violation of those laws, rules, or regulations also constitutes a violation of DELACARE Regulations. OCCL may refer these complaints to the appropriate entity charged with enforcement authority for investigation. At the time of the referral, OCCL shall request a report of the findings. OCCL shall assist the complaining party with the referral process or make the referral itself, as appropriate. OCCL may coordinate investigation with those other entities. OCCL may adopt another enforcement entity's findings as the basis for an OCCL enforcement action.
12.7 DSCYF's Institutional Abuse Unit or law enforcement may investigate if they receive a complaint regarding the abuse or neglect of a child while at the facility or program.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-13.0** Enforcement Actions {#sec-935-13.0 omnilex-key=us-de-regs-official--title-14--935-13.0}
13.1 A licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan or an enforcement action.
13.1.1 Enforcement actions are warning of probation, probation, suspension, revocation, and denial of a license application.
13.1.2 OCCL may be initiate an enforcement action when a licensee fails to comply with a corrective action plan, fails to sign an agreement of understanding, fails to comply with a signed agreement of understanding, or has been cited for serious non-compliance.
13.1.3 A licensee may dispute an enforcement action by requesting a hearing within 10 business days of notification of OCCL's decision to impose the action.
13.1.3.1 This dispute request must be submitted in writing.
13.1.3.2 A licensee may provide evidence that the facility was wrongly cited.
13.2 License Suspension
13.2.1 OCCL may immediately suspend a license if the health, safety, or well-being of children in care is in serious or imminent danger.
13.2.1.1 A suspension order requires the licensee to immediately stop providing child care. Absent extenuating circumstances, a suspension order shall be in writing.
13.2.1.2 If a verbal suspension order is provided, it will be followed by a hand-delivered written suspension order by 11 AM the following business day.
13.2.1.3 A written suspension order must state the reason or reasons for the enforcement action.
13.2.2 Within 10 business days of OCCL issuing the written suspension order, the licensee may choose to close permanently, remain suspended until the reason for the suspension has been corrected, or remain suspended and make a written request for a hearing. If a hearing is requested, the license will remain suspended until the Secretary of the Department of Education's decision becomes effective.
13.2.3 A hearing must be scheduled within 10 business days of the licensee's written request for a hearing.
13.2.3.1 A hearing officer with no previous involvement in the matter must be assigned by the Associate Secretary of Early Childhood Support.
13.2.3.2 The hearing officer may allow delays in the hearing only for good cause.
13.2.3.3 Within 5 business days of the suspension hearing, the hearing officer shall issue recommendations to the Secretary of the Department of Education in accordance with 14 Del.C. §3004A. The Secretary of the Department of Education shall accept, deny, or accept in part, and deny in part the recommendations of the hearing officer in the case and issue a final decision within 10 business days of the date of the recommendations.
13.2.3.4 The licensee will be notified in writing of the decision of the Secretary of the Department of Education. The decision will become final 10 business days after it is mailed or delivered to the licensee.
13.2.4 A licensee dissatisfied with the Department's decision for suspension may file an appeal within 30 business days after the mailing or delivery of the decision notice.
13.2.4.1 An appeal may be filed in the Delaware Superior Court in the county where the facility or program is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
13.2.4.2 A licensee shall supply a copy of the appeal to the Department.
13.2.4.3 The licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
13.2.4.4 The final decision of the Secretary of the Department of Education will remain in place during the appeal process unless otherwise ordered by the court.
13.3 Warning of Probation or Probation
13.3.1 OCCL may place a facility or program on warning of probation or probation when serious non-compliance is cited.
13.3.1.1 OCCL shall notify the licensee in writing of the reasons it intends to place the facility or program on warning of probation or probation.
13.3.1.2 This letter will describe how a licensee may appeal the decision by requesting a hearing to present information that the cited violations are not valid.
13.3.1.3 Warning of probation may initially last up to 6 months and may be extended. Probation may initially last up to 1 year and may be extended.
13.3.2 Within 10 business days of receiving the written notice, the licensee may submit a written request for a hearing. Failure to request a hearing means the licensee accepts the enforcement action.
13.3.3 A hearing must be held within 30 calendar days of the hearing request.
13.3.3.1 The Department will assign a hearing officer with no previous involvement in the matter.
13.3.3.2 A hearing officer may allow delays in the hearing only for good cause.
13.3.4 After a hearing officer makes a recommendation regarding warning of probation, OCCL's director or designee determines whether to adopt the recommendation and makes a final decision. After a hearing officer makes a recommendation regarding probation, the Associate Secretary of Early Childhood Support determines whether to adopt the recommendation and makes a final decision. OCCL shall notify the licensee in writing of the decision.
13.3.5 A licensing specialist shall conduct unannounced visits during the enforcement period to ensure compliance with these regulations is maintained.
13.3.5.1 The findings will be reported to the licensee in writing.
13.3.5.2 A licensee found to be non-compliant with the regulations will be cited and given a corrective action plan.
13.3.5.2.1 Within 5 business days of the citation, a licensee may dispute citations by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
13.3.5.2.2 A licensee may provide evidence that the facility was wrongly cited.
13.3.5.2.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
13.3.5.2.4 The supervisor will inform the licensee of the decision in writing.
13.3.6 Failure to comply with licensing regulations while on warning of probation or probation may result in having the enforcement action extended or heightened.
13.3.7 A licensee may not increase the licensed capacity or receive a new license at an additional site while on an enforcement action or when issued a notice regarding OCCL's intent to place the facility or program on an enforcement action.
13.4 Denial of a License Application or Revocation
13.4.1 OCCL may deny a license application or revoke a license for good cause, including the following:
13.4.1.1 Failure to comply with applicable provisions of federal, State, or local laws or of these regulations;
13.4.1.2 Violation of the terms or conditions of a license;
13.4.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the facility or program;
13.4.1.4 Refusal to furnish OCCL with files, reports, or records as required by the law;
13.4.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the facility or program during operating hours;
13.4.1.6 Engaging in any activity, policy, practice, or conduct by the licensee, or staff member that adversely affects or is deemed by OCCL to be detrimental to the education, health, safety, or well-being of children; or
13.4.1.7 Conduct that otherwise demonstrates unfitness by the licensee, or chief administrator to operate a facility.
13.4.2 OCCL shall notify the applicant or licensee in writing of the reasons it intends to deny a license application or revoke a license. This letter will describe how an applicant or licensee may appeal the decision by requesting a hearing to present information that the cited violations or reasons for the denial are not valid.
13.4.2.1 Within 10 business days of receiving the written notice, the applicant or licensee shall request a hearing in writing or accept the denial or revocation and close the program or facility within the time stated in the notice.
13.4.2.2 If an applicant or licensee does not make a timely request for a hearing within 10 business days of receiving the written notice, the denial or revocation will take effect 30 business days after receiving the written notice from OCCL.
13.4.3 A hearing will be held within 30 calendar days of the hearing request.
13.4.3.1 The Department will assign a hearing officer with no previous involvement in the matter.
13.4.3.2 A hearing officer may allow delays in the hearing only for good cause.
13.4.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the Department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.
13.4.5 After a hearing officer makes a recommendation, the Secretary of the Department of Education determines whether to adopt the recommendation and issues a final decision. The applicant or licensee will be notified in writing of the decision. The decision will become final 10 business days after it is mailed or delivered to the applicant or licensee.
13.4.6 An applicant or licensee who is dissatisfied with the Department's decision regarding revocation or denial may file an appeal within 30 business days after the mailing or delivery of the decision notice.
13.4.6.1 The applicant or licensee appeals to the Delaware Superior Court in the county where the facility is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
13.4.6.2 The applicant or licensee shall supply a copy of the appeal to the Department.
13.4.6.3 The applicant or licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
13.4.6.4 The final decision of the Secretary of the Department of Education will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
13.4.7 When a license has been revoked or an application has been denied, the licensee may not apply for a license from OCCL for 3 years from the date that the revocation or denial was upheld.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-14.0** Notification {#sec-935-14.0 omnilex-key=us-de-regs-official--title-14--935-14.0}
14.1 A licensee shall immediately call OCCL and speak to a licensing specialist Monday-Friday between 8:00 AM and 4:30 PM, if a child dies or attempts suicide at the facility or program. Leaving a message is not acceptable. If the death or suicide attempt occurs after business hours, a licensee shall immediately call the 24-Hour Child Abuse and Neglect Report Line, currently 1-800-292-9582.
14.2 A licensee shall immediately notify the child's parent or the referring agency in the event of a child's death.
14.3 A licensee shall notify the child's parent or the referring agency within 1 business day of any serious illness or injury that requires medical treatment or any severe psychiatric episode of a child requiring hospitalization.
14.4 A licensee shall call OCCL and speak to a licensing specialist within 1 business day during business hours and send follow-up documentation to the assigned specialist within 3 days of the event in the event of any of the following:
14.4.1 A fire, flood, or other disaster causes damage so the facility or program is unable to operate safely;
14.4.2 A child client is injured and needs medical or dental treatment;
14.4.3 Suspected abuse or neglect of a child while in care (after reporting the suspicion to the 24-Hour Child Abuse and Neglect Report Line);
14.4.4 Suspected child abuse or neglect involving a licensee or staff member being investigated by DSCYF or law enforcement;
14.4.5 Known new charges, arrests, or convictions of a licensee or staff;
14.4.6 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error, such as giving the wrong medication, giving the wrong dose, failing to give the medication, giving medication to the wrong child, or giving the medication by the wrong route;
14.4.7 An equipment breakdown that threatens the health and safety of children in care, including lack of working toilets, interruption of running water, loss of phone service or power, failure of any fire protection system, and heating or air-conditioning failure; or
14.4.8 A child is abducted, absent without permission, or runs away.
14.5 A licensee shall ensure staff members follow the Delaware DSCYF reportable events and notification procedures.
14.6 A licensee shall call OCCL and speak to a licensing specialist within 2 business days and send follow-up documentation to the assigned specialist within 5 business days when the facility or program's phone number changes or when the chief administrator resigns, is dismissed, or is hired.
14.7 A licensee shall notify OCCL in writing at least 90 days before the expected closing of a facility or program or a change of ownership, sponsorship, location, name, capacity, or type of regulated service being provided.
14.7.1 When a licensee plans to sell a currently licensed facility or program, the prospective licensee shall follow the procedures listed in Section 7.0, before the facility or program is sold so that a child care license can be issued to the new owner after meeting all licensing criteria and the sale is finalized. Lead-risk assessments are transferrable.
14.7.2 Once the initial licensing procedures are completed by the prospective owner, a licensing specialist will conduct a pre-licensing visit to issue a new license that becomes effective the date the facility is sold. If non-compliance is cited, a corrective action plan will be created with a maximum of 30 days for completion assuming no major health or safety violations were cited.
14.7.3 The prospective licensee shall provide a copy of the bill of sale to OCCL before OCCL will issue the license.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-15.0** Insurance Coverage {#sec-935-15.0 omnilex-key=us-de-regs-official--title-14--935-15.0}
A licensee shall have documentation of current comprehensive general liability insurance, motor vehicle insurance if transporting children in a vehicle that is owned or leased by the facility or program, and other insurance as required by State law.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-16.0** Description of Services {#sec-935-16.0 omnilex-key=us-de-regs-official--title-14--935-16.0}
16.1 A licensee shall have available via a website or printed materials the following information:
16.1.1 A written description of the facility's or program's mission;
16.1.2 Description of the types of treatment services provided to children;
16.1.3 Description of services provided to children and their families, including those provided directly by a licensee or arranged through another source;
16.1.4 Age range of children served;
16.1.5 Gender of children served;
16.1.6 Rules of the facility or program;
16.1.7 Policies governing visiting, telephone use, and other forms of communication with the child's family, friends, and others;
16.1.8 Religious affiliation and practices observed by a licensee; if applicable;
16.1.9 Activities provided;
16.1.10 Description of a licensee's behavior support policies and procedures and restrictive procedures, if applicable;
16.1.11 Resources on trauma exposure, its impact, and treatment;
16.1.12 Grievance policies and procedures; and
16.1.13 Information on how to obtain a copy of these regulations and on reporting any suspected violations of these regulations.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-17.0** Policies and Procedures {#sec-935-17.0 omnilex-key=us-de-regs-official--title-14--935-17.0}
17.1 A licensee shall have and follow written policies and procedures:
17.1.1 Governing a child's admission to a facility or program.
17.1.2 Protecting a child's rights to privacy and dignity. A photo, video, or recording that reveals a child's identity shall not be used for research, fundraising, or public relations without the written consent of the child's parent or referring agency.
17.1.3 Regarding a child's participation in research projects. The policy shall conform to the National Institute of Mental Health Standards on Protection of Human Subjects.
17.1.4 Governing the recruitment, screening, hiring, supervision, training, evaluation, promotion, and disciplining of staff and volunteers.
17.1.5 Governing the qualifications and use of volunteers, if using volunteers. The qualifications shall be appropriate to the duties performed.
17.1.6 Governing the assignment of a child to an educational program, if a licensee chooses not to provide an educational program directly.
17.1.7 For handling an incident of suspected child abuse or neglect that occurs while a child is a client of the facility or program that complies with applicable laws.
17.1.8 Governing the discipline and behavior supports for children. These policies and procedures shall include the concepts and use of the least restrictive effective treatment and positive reinforcements and shall prohibit:
17.1.8.1 Roughly handling a child or inflicting physical punishment on a child's body, including shaking, grabbing, striking, hair-pulling, biting, pinching, plucking, slapping, hitting, kicking, or spanking;
17.1.8.2 Humiliating, ridiculing, frightening, or degrading children;
17.1.8.3 Engaging in discriminatory treatment or harassment based on child's looks, race, national origin, religion, gender, gender expression, sexual orientation, disability, ethnicity, family, or other personal traits;
17.1.8.4 Encouraging or allowing children to hit, punish, or discipline each other;
17.1.8.5 Denying children food, water, toilet use, or bathing as a result of inappropriate behavior;
17.1.8.6 Using any form of forced physical exercise or activity or work assignment that produces pain or discomfort;
17.1.8.7 Punishing the group for misbehaviors of a child or a group of children unless the policies and procedures clearly list the specific circumstances and safeguards when this would be allowed;
17.1.8.8 Denying medical or dental care;
17.1.8.9 Denying visits or communications with family or others as listed in subsection 51.1;
17.1.8.10 Denying shelter, appropriate clothing, bedding, or any other essential personal items;
17.1.8.11 Denying sleep or rest;
17.1.8.12 Using mechanical restraints;
17.1.8.13 Attempting to change or discourage a child's sexual orientation, gender identity, or gender expression; or
17.1.8.14 Physically or sexually abusing a child.
17.1.9 Governing discipline and behavior supports include the model, program, or techniques used based on a child's needs, developmental level, and behavior and its use of each of the following:
17.1.9.1 Use of a de-escalation system that is a holistic system for defusing escalating behavior and safely managing aggressive behavior;
17.1.9.2 Positive supports;
17.1.9.3 Use of "time-out," to restrict a child in care to a designated area for a period of time to give the child in care an opportunity to regain self-control, if applicable;
17.1.9.4 Physical escort, if applicable;
17.1.9.5 Chemical restraint, if applicable;
17.1.9.6 Physical restraint, if applicable; and
17.1.9.7 Seclusion, if applicable.
17.1.10 Governing the use of appropriate "time-out" techniques. These policies and procedures shall require that appropriate "time-out" techniques may be used after first using other developmentally appropriate behavior supports and only:
17.1.10.1 When a child's behavior is judged by the staff to be disruptive or prevents others from participating in an activity;
17.1.10.2 When at least 1 staff member has been designated to be responsible for making visual contact with the child no less frequently than every 15 minutes;
17.1.10.3 When the room used for "time out" has adequate space, temperature, light, and ventilation, and is not capable of locking;
17.1.10.4 In an area that is not a closet, a bathroom, or an unfinished basement or attic;
17.1.10.5 For a duration of time that shall not exceed 1 minute per the age of the child for children under age 6 and no more than 30 minutes for children over age 6;
17.1.10.6 When the child is reintroduced to the group in a sensitive and non-punitive manner as soon as the child has regained control;
17.1.10.7 When "time-out" episodes are documented in the child's record; and
17.1.10.8 If there are more than 15 "time-outs" for an individual child within a 24-hour period, a licensee shall ensure:
17.1.10.8.1 The events and actions of the child leading up to each "time-out" are evaluated and staff responses to those events and actions are reviewed to ensure competency of staff to implement a "time-out" only when necessary;
17.1.10.8.2 The chief administrator or designee conducts a review to determine the child's suitability to remain in placement in the facility or program or whether changes to the child's service plan are necessary; and
17.1.10.8.3 The facility or program takes appropriate action in response to the findings of the review.
17.1.11 In cases of emergencies or life-threatening situations, including arrangements for emergency transport services for children. The procedures must include provisions for supervision when a staff is required to accompany a child to a hospital emergency room.
17.1.12 On a suicide prevention policy that includes the following:
17.1.12.1 How the facility will respond in the event a child in care exhibits self-injurious, self-harm, or suicidal behavior;
17.1.12.2 Warning signs of suicide;
17.1.12.3 Emergency protocol and contacts;
17.1.12.4 Training requirements for staff members, including suicide prevention training and suicide risk assessment tool training;
17.1.12.5 Procedures for determining implementation of additional supervision precautions and for determining removal of additional supervision precautions;
17.1.12.6 Procedures to conduct a suicide risk assessment on the day of intake;
17.1.12.7 Documentation requirements for suicide ideation, self-harm, and special observation precautions to ensure immediate communication to all staff;
17.1.12.8 A process for tracking suicide behavioral patterns; and
17.1.12.9 A "post-intervention" plan with identified resources.
17.1.13 Governing the handling of grievances by children. These policies and procedures shall:
17.1.13.1 Be written in clear and simple language;
17.1.13.2 Be communicated to children in an age and developmentally appropriate manner;
17.1.13.3 Be posted in an area easily accessible to children and their parent or referring agency;
17.1.13.4 Ensure that any grievance shall be investigated by a staff who is not the subject of the grievance; and
17.1.13.5 Require continuous monitoring by a licensee of any grievance to ensure there is no punitive or retaliatory action taken or threatened against a child who reported a grievance.
17.1.14 Governing medical emergencies. These policies and procedures shall require that at least 1 staff member is on duty who is qualified to administer first aid and cardiopulmonary resuscitation (CPR) and 1 fully equipped first aid kit is placed in each building used by children and in any indoor recreation area.
17.1.15 For record security, maintenance, and disposal that addresses:
17.1.15.1 Assigning the responsibility of supervising record maintenance and custody to ensure records are uniform in organization, readily identifiable, current, and complete;
17.1.15.2 Securing a record against loss, damage, tampering, accessibility, and unauthorized use;
17.1.15.3 Determining to whom a record may be released;
17.1.15.4 Determining what type of record or portion of a record may be destroyed and what must be kept permanently;
17.1.15.5 Creating a storage system for permanent records that ensures information is protected and kept indefinitely; and
17.1.15.6 Transferring and keeping records in the event the facility or program closes.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-18.0** General Qualifications and Background Checks {#sec-935-18.0 omnilex-key=us-de-regs-official--title-14--935-18.0}
18.1 A licensee shall only employ staff members who understand and respect the needs of children and their families and their cultures. Staff shall be physically and emotionally capable of performing activities related to providing child care, which includes the ability to supervise children's activities; to support children's physical, intellectual, social and emotional growth; to deal with emergencies in a calm manner; and to carry out methods of behavior support, as stipulated in these regulations.
18.2 A licensee shall ensure a staff member with a known contagious communicable disease does not provide personal care to or have direct contact with children unless the staff member's health care provider or the Division of Public Health (DPH) provides documentation stating the staff member may be present. If a staff has a reportable communicable disease, a licensee shall ensure the disease is reported to DPH. Information regarding the communicable diseases that require reporting may be located on DPH's website (currently listed as https://dhss.delaware.gov/dph/dpc/rptdisease.html).
18.3 A licensee shall ensure a staff member schedules a fingerprinting appointment with Delaware State Police and is fingerprinted for a Delaware State Bureau of Identification and Federal Bureau of Investigation check before the start of employment.
18.3.1 Staff members shall provide the fingerprint verification form to the licensee before working with children.
18.3.2 Staff members working in programs receiving Title IV-E funds who currently reside out of state or those who have resided outside of Delaware in the last 5 years shall contact each state of residence, and request a name-based child abuse and neglect search.
18.3.3 After the out-of-state searches are completed, the chief administrator shall submit the results immediately to the Criminal History Unit (CHU).
18.3.4 While waiting for the results of the background check, a staff member may not be alone with children and must be supervised at all times by a person who has completed the background check process and been determined eligible.
18.3.5 A licensee shall ensure results of all record checks are placed in the staff member's file.
18.4 A licensee may not own or be employed at a facility or program if the licensee is prohibited from working in child care in Delaware based on State law. Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care.
18.5 A licensee shall comply with the DELACARE Regulations - Background Checks for Child-Serving Entities.
18.6 A licensee may not employ or retain a person who is prohibited from working in child care in Delaware based on State law. If a person is determined ineligible, the licensee, or DSCYF, in cases where the facility is under contract or directly operated by DSCYF, shall make the final determination on whether to hire or retain the person.
18.7 A licensee may not employ or retain in any capacity a person convicted of an offense defined as child sexual abuse in 11 Del.C. §8550; or who is on the Child Protection Registry at a Level III or Level IV.
18.8 When known, the licensee may not employ or retain in any capacity a person whose child or children are currently removed from this person's custody because of abuse or neglect.
18.9 After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations - Background Checks for Child Serving Entities, is entitled to an administrative review for reconsideration.
18.9.1 If the person requests an administrative review, the licensee and the person shall be bound by the final eligibility decision of the administrative review.
18.9.2 If a person is determined ineligible, the licensee, or DSCYF in cases where the facility is under contract or directly operated by DSCYF shall make the final determination on whether to hire or retain the person.
18.9.3 If a person is determined prohibited, the person may not work in child care.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-19.0** Staff Qualifications {#sec-935-19.0 omnilex-key=us-de-regs-official--title-14--935-19.0}
19.1 A licensee shall have a full-time chief administrator who meets the following qualifications: at least 21 years of age, a bachelor's degree from a regionally accredited college or university in business, public administration, social or behavioral science, social services, social work, or a human services field and have 2 years of successful related work experience in administration or supervision.
19.2 A licensee shall have a case manager who meets the education and experience that are specifically related to the client population to be served. That education and experience shall consist of the following for the type of population served:
19.2.1 A bachelor's degree in human services or behavioral science from a regionally accredited college or university in social work, sociology, psychology, speech communication or special education with certification for emotional disturbance or learning disabilities and 1 year of full-time work experience working with children.
19.2.2 For work with children who are receiving services primarily for correctional aftercare or emotional disturbance, the case manager shall have 1 of the following qualifications:
19.2.2.1 A master's degree in human services or behavioral science from a regionally accredited college or university that includes field work experience or 1 year of full-time employment experience working with children or families.
19.2.2.2 A bachelor's degree in human services or behavioral science from a regionally accredited college or university and either 2 years of full-time employment experience in human services counseling involving children and families or at least 500 hours of supervised family or child contact therapy hours.
19.2.3 For work with residents who are receiving services primarily for a developmental disability, the case manager shall have the following education and experience qualifications:
19.2.3.1 A bachelor's degree from a regionally accredited college or university in social work, sociology, psychology, speech communication, special education, physical therapy, or occupational therapy; and
19.2.3.2 Specialized training or 1 year of employment experience in treating or working with persons who are developmentally disabled.
19.3 A licensee shall have direct care supervisors, unless assigning case managers to supervise direct care workers, who are at least 21 years old and meet 1 of the following requirements:
19.3.1 A bachelor's degree in human services or behavioral science from a regionally accredited college or university and 1 year of full-time work experience working with children;
19.3.2 An associate's degree in human services or behavioral science from a regionally accredited college or university or a minimum of 48 credit hours in human services or behavioral science from a regionally accredited college or university and 2 years of full-time work experience working with children; or
19.3.3 A high school diploma from a regionally accredited high school or equivalent and 3 years of full-time work experience working with children.
19.4 A licensee shall have direct care workers who are at least 21 years old and have a high school diploma from a regionally accredited high school or equivalent.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-20.0** Administrative Oversight and Staffing {#sec-935-20.0 omnilex-key=us-de-regs-official--title-14--935-20.0}
20.1 A licensee shall require the chief administrator to ensure there are sufficient administrative, supervisory, social service, educational, recreational, direct care, and support staff members or volunteers to perform the duties required by these regulations and to provide for the care, needs, medical consultation, and supervision of children.
20.2 A licensee shall have an up-to-date organizational table showing the facility's or program's administrative and staffing structure with position titles and lines of authority.
20.3 A licensee shall ensure a designated staff is in charge on the premises at all times when children are present.
20.4 A licensee shall ensure a direct care supervisor or case manager supervises no more than 12 (full-time equivalent) direct care workers.
20.5 If using volunteers, a licensee shall assign designated staff to supervise each volunteer.
20.6 A licensee shall ensure written attendance records showing staff members' assignments with exact hours worked are maintained at each facility or program for at least 3 months.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-21.0** Personnel and Volunteer Files {#sec-935-21.0 omnilex-key=us-de-regs-official--title-14--935-21.0}
21.1 A licensee shall have a personnel file for each staff and volunteer who works with children at least 5 days or 40 hours a year. This file shall be available upon request. Except as noted, all file contents are required at the start of employment or volunteering and shall include the following:
21.1.1 Completed application or résumé containing the person's name, date of birth, home address, and phone number;
21.1.2 Work or volunteer start date, and end date, if applicable;
21.1.3 Two references from adults not related to the person who can verify the person is of good character and respects and understands the needs of children and their families. These references can be letters or written notes gathered by calling the reference. Phone references require the reference's name, phone number, date called, information about the person's character and interactions with children and families, if known, and the name of person receiving the reference;
21.1.4 Release of employment history form and received service letters, or documentation showing requests and follow-up for service letters have been made. If the person has not worked or if unable to get at least 1 completed service letter, 2 additional reference letters or phone references are required;
21.1.5 Proof of qualifications, education, and applicable professional credential or certification;
21.1.6 Health appraisal within the first month of employment conducted within 1 year before the start date. This appraisal shall confirm the individual's health and document medical or physical conditions that are job related that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required in accordance with the Americans with Disabilities Act;
21.1.7 TB test or medical professional risk assessment within the first month of employment or volunteering conducted within 1 year before the start date, with further testing if a health care professional has concerns regarding the staff member's health;
21.1.8 A statement signed by the person stating the person's status regarding all previous convictions; current indictment or involvement in criminal activity involving violence against a person; child abuse or neglect; possession, sale, or distribution of illegal drugs; sexual misconduct; gross irresponsibility or disregard for the safety of others; serious violations of accepted standards of honesty or ethical behavior; or a case of child abuse or neglect substantiated by DFS or the respective responsible entity in another state or country;
21.1.9 Documentation of a fingerprinted background check as described in subsection 18.3. A person shall have no unsupervised contact with a child until the facility or program receives an eligibility determination from CHU;
21.1.10 Adult abuse registry check through the Division of Health and Social Services website, currently https://dhss.delaware.gov/dhss/dltcrp/default.aspx;
21.1.11 Documentation acknowledging the person is aware that the use of alcohol or a drug that could negatively affect essential job functions; unlawful possession, manufacture, or distribution of alcohol or drugs; or possession of a controlled substance is prohibited while working;
21.1.12 Documentation of the receipt of a facility's or program's policy manual, including verification of client confidentiality policies;
21.1.13 If transporting children, a copy of the current driver's license and proof of vehicle insurance;
21.1.14 Job description for the current position;
21.1.15 If working with children, documentation of an orientation that is completed before working alone with children that includes the following topics and the opportunity to ask questions and receive clarification. The topics shall include:
21.1.15.1 The purpose, policies, and procedures, including those governing behavior supports including de-escalation skills training, crisis prevention and management skills, disciplinary techniques that are non-punitive in nature and are focused on helping children build positive personal relationships and self-control;
21.1.15.2 Trauma-informed treatment;
21.1.15.3 Suicide prevention;
21.1.15.4 The staff member's job duties;
21.1.15.5 Emergency procedures including the location of emergency exits, emergency equipment, and first aid kits; calling in an additional staff, securing the assistance of law enforcement or emergency personnel, and assigning roles in response to an emergency;
21.1.15.6 Current disaster plan, including where staff members and children would evacuate to if required to evacuate to a nearby area and 1 location out of the area; a list of items to take if evacuated including medication, medical equipment, and other necessities;
21.1.15.7 The role of staff and volunteers in client service delivery and the protection of children;
21.1.15.8 The Delaware child abuse and neglect law and reporting requirements;
21.1.15.9 Information on other federal or State laws or regulations applicable to children and families who are clients of the facility or program, including non-discrimination against a child based the child's race or color, sex, sexual orientation, age, national origin, disability, religion, or pregnancy;
21.1.15.10 Applicable licensing regulations and the location of the regulations at the facility or program for review;
21.1.15.11 Cultural awareness, responsiveness, and sensitivity;
21.1.15.12 Sex trafficking signs, symptoms, prevention, and supports;
21.1.15.13 Reasonable and prudent parent standard training for designated staff members and age-appropriate and developmentally appropriate activities for a child in care; and
21.1.15.14 Procedures for complaint investigations.
21.1.16 Staff disciplinary actions, if applicable;
21.1.17 Record of annual training hours, including certificates and transcripts, if applicable; and
21.1.18 Annual performance evaluation signed and dated by the staff and supervisor.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-22.0** Contracted Licensed Professionals Files {#sec-935-22.0 omnilex-key=us-de-regs-official--title-14--935-22.0}
22.1 A licensee shall have a personnel file, available upon request, for each contracted licensed professional who works with children at least 5 days or 40 hours a year at the facility or program that includes the following:
22.1.1 Documentation of a completed fingerprinted background check before the start of employment;
22.1.2 Current professional credential or certification;
22.1.3 Health appraisal within the first month of employment conducted within 1 year before the start date. This appraisal shall confirm the individual's health and document medical or physical conditions that are job related that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required in accordance with the Americans with Disabilities Act; and
22.1.4 TB test or medical professional risk assessment within the first month of employment conducted within 1 year before the start date, with further testing if a health care professional has concerns regarding the staff member's health.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-23.0** Training {#sec-935-23.0 omnilex-key=us-de-regs-official--title-14--935-23.0}
23.1 Within 2 months of hire unless currently certified, a licensee shall ensure staff members working with children complete certifications in first aid and CPR that requires a "hands on" skills demonstration. The certifications shall be appropriate to the ages of the children served and be kept current.
23.2 A licensee shall ensure each staff whose primary role requires interaction with children and who works 30 or more hours a week receives at least 18 hours of professional development training annually.
23.3 A licensee shall ensure a staff whose primary role requires interaction with children and who works less than 30 hours a week receives at least 9 hours of professional development training annually.
23.4 A licensee shall ensure professional development training is designed to maintain, improve, or enhance the staff member's knowledge or skills in carrying out job responsibilities, and it is in core areas such as behavior supports, crisis management, conflict resolution, cultural competence, mental or behavioral health, substance abuse, health and safety, trauma-informed care, child or adolescent development, professionalism, or communication.
23.5 If the facility uses any of the restrictive procedures contained within Section 93.0, staff must be trained annually regarding the use of that restrictive procedure.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-24.0** Allegations of Abuse or Neglect against a Staff Member {#sec-935-24.0 omnilex-key=us-de-regs-official--title-14--935-24.0}
24.1 A licensee shall ensure children are not abused or neglected.
24.2 A licensee shall take corrective action to eliminate the factors or circumstances that may have caused or may have otherwise resulted in a continuing risk of abuse or neglect to children if the abuse or neglect occurred at the facility or program by a staff, volunteer, or licensed contracted professional.
24.3 A staff member, volunteer, or licensed contracted professional alleged to have perpetrated an incident of child abuse or neglect shall not have direct contact with any child, but may, at the discretion of a licensee, be reassigned to other duties that do not involve contact with children until the investigation by the Institutional Abuse Unit or law enforcement has been completed.
24.4 A licensee shall take appropriate disciplinary action against any staff, volunteer, or licensed contracted professional who committed an act of child abuse or neglect.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-25.0** Children's Admission {#sec-935-25.0 omnilex-key=us-de-regs-official--title-14--935-25.0}
25.1 A licensee shall ensure the child, the child's parent or the referring agency, and any other appropriate party, are given a reasonable opportunity to participate in the facility's or program's admission process.
25.2 When involvement of the child's parent in the admission process is not possible or desirable, a licensee shall record the reasons for the exclusion in the admission records.
25.3 A licensee shall not admit a child into care until an admission evaluation has been completed.
25.4 A licensee shall have and follow a written admission agreement with the parent or the referring agency. The admission agreement shall be signed by all parties and include:
25.4.1 The basis for admission;
25.4.2 The service or treatment goals;
25.4.3 The specific services or treatment to be provided;
25.4.4 The roles and responsibilities of a licensee and the people and agencies involved with the child and the child's family;
25.4.5 Authorization to provide services to the child;
25.4.6 Authorization to provide or obtain routine medical care for the child;
25.4.7 If applicable, the child's religion and practices; and
25.4.8 If applicable, authorization to allow the child to participate in recreational and out-of-state activities.
25.5 Upon admission, a licensee shall provide to the child and the parent, if applicable, the following information:
25.5.1 Rules of the facility or program;
25.5.2 Policies governing visiting, telephone use, and other forms of communication with the child's family, friends, and other people;
25.5.3 If applicable, religion and practices observed by a licensee;
25.5.4 Description of services and activities provided;
25.5.5 Description of a licensee's behavior support policies and procedures and if applicable, restrictive procedures;
25.5.6 Resources on trauma exposure, its impact, and treatment;
25.5.7 Grievance policies and procedures;
25.5.8 Name of the child's service worker; and
25.5.9 Information on how to obtain a copy of these regulations and on reporting any suspected violations of these regulations.
25.6 When a licensee declines to admit a child, a licensee shall provide the child's parent or the referring agency with a written explanation of the reasons for refusal, if requested.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-26.0** Service Plan {#sec-935-26.0 omnilex-key=us-de-regs-official--title-14--935-26.0}
26.1 A licensee shall have and follow a written service plan for each child admitted into a facility or program.
26.2 A licensee shall give the child and the child's parent or the referring agency an opportunity to be involved in the development of the service plan unless there is documentation justifying the reason for non-participation.
26.3 A licensee shall ensure everyone who participated in the service plan's development signs the plan.
26.4 A licensee shall begin to create the service plan within 7 days of a child's admission; complete the service plan within at least 30 days; and update the plan every 3 months thereafter during the child's placement at the facility or program. Facilities operating as shelter care shall initiate service planning within 24 hours of admission.
26.5 A licensee shall ensure the service plan addresses the following:
26.5.1 Behavioral functioning;
26.5.2 Psychological or emotional adjustment;
26.5.3 Personal and social development;
26.5.4 Familial relationships and family history including parent or caregiver trauma and its impact on the family system;
26.5.5 Approved methods of behavior support;
26.5.6 Brief history of traumatic events;
26.5.7 Medical and health needs as indicated by a health screening;
26.5.8 Type and frequency of direct supervision required that considers the child's age, maturity, behavior, and developmental level;
26.5.9 Educational and vocational needs;
26.5.10 Recreational interests and abilities;
26.5.11 Identification of services or treatment and their arrangements on behalf of the child and the child's family;
26.5.12 When applicable, a description of any specialized service or treatment by other appropriately qualified professionals;
26.5.13 Conditions for discharge; and
26.5.14 A projection in regard to the child's length of stay and an initial plan for discharge.
26.6 A licensee shall ensure each child's service plan includes behavioral or functional objectives that specifies behaviors to be changed, eliminated, or modified, and includes projected achievement dates, with measurable indicators or criteria for monitoring progress and assessing achievement of the service plan's objectives.
26.7 A licensee shall provide a copy of the plan to the child, parent, if applicable, and referring agency.
26.8 A licensee shall ensure at the time of each 3-month review, the service plan is updated to include the following:
26.8.1 Progress made toward achieving the goals established in the previous service or treatment plan;
26.8.2 Any changes in the service or treatment plan; and
26.8.3 A projected date for the child's discharge.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-27.0** Children's Health Appraisals {#sec-935-27.0 omnilex-key=us-de-regs-official--title-14--935-27.0}
27.1 A licensee shall ensure that within 1 month of admission, each child's file contains a health appraisal that includes an immunization record that adheres to 14 Del.C. §131 and 14 DE Admin. Code 804. A health care provider must have conducted this health appraisal within the last 12 months.
27.1.1 If a licensee cannot obtain documentation of a health appraisal or immunizations for a child, such as specified in the McKinney-Vento Homeless Assistance Act, a licensee shall coordinate with the child's parent or referring agency to obtain the required health appraisal and immunizations and ensure the appraisal is conducted within 30 days of admission and the immunizations begin within 30 days of admission.
27.1.2 A child will be exempt from immunization if:
27.1.2.1 The child's parent objects to immunizations on a religious basis and completes an affidavit of religious belief; or
27.1.2.2 The child's health care provider provides a notarized statement certifying that the immunization may be harmful to the child's health.
27.2 A licensee shall have an on-site confidential file for each child within 1 month of enrollment that is retained for at least 3 months after discharge. This file shall contain information on:
27.2.1 Available past medical history;
27.2.2 Inventory and assessment of medications in use at the time of admission;
27.2.3 Immunizations or exemptions as required by subsection 27.1.2.1 or 27.1.2.2;
27.2.4 Medications dispensed while at the facility or program;
27.2.5 Medical consents and releases from the child's parent or referring agency;
27.2.6 Medical, dental, psychological, or psychiatric examinations; and
27.2.7 Medical treatment currently being provided.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-28.0** Education Requirements {#sec-935-28.0 omnilex-key=us-de-regs-official--title-14--935-28.0}
28.1 A licensee shall ensure each school-age child receives an appropriate education, in accordance with applicable federal and State laws and regulations. Education shall be provided by an off-site public or private school or an on-site school.
28.2 A licensee shall ensure that adolescent children receive career preparation services, life skills training, and employment counseling unless such services, training, and counseling are being provided in their regular or special education school program. Such services, training, and counseling shall be appropriate to the age and capabilities of the child.
28.3 For an adolescent who is not legally required to attend school, a licensee shall ensure the child is either employed or enrolled in a training program geared toward gaining suitable employment or necessary life skills appropriate to the child's age, capabilities, and service plan.
28.4 A licensee shall provide appropriate space and supervision for quiet study after school hours.
28.5 A licensee shall ensure each child has access to necessary educational references and other resource materials.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-29.0** On-Site School Requirements {#sec-935-29.0 omnilex-key=us-de-regs-official--title-14--935-29.0}
29.1 If a licensee chooses to provide an on-site school, a licensee shall ensure the school complies with the following:
29.1.1 One teacher shall be responsible for educating no more than 20 children;
29.1.2 Teachers shall be at least age 21 and possess a bachelor's degree from a regionally accredited college or university and be certified to teach in Delaware. Certification shall be appropriate to the age and educational needs of the children in the program or facility;
29.1.3 Staff meeting the qualifications of direct care worker may assist in the on-site school as long as they work under the supervision of a teacher;
29.1.4 The school operates for at least as many days and hours as required by State laws and regulations;
29.1.5 A curriculum that is appropriate to the population to be served is followed;
29.1.6 Special education and related services are provided or arranged by a licensee for each child whose special education needs have been identified and as appropriate in collaboration with the child's school district;
29.1.7 Appropriate written records are maintained for each child that reflects the use of a uniform grading system; and
29.1.8 Has a process for transfer and release of educational records to and from other schools or facilities.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-30.0** Religion and Culture {#sec-935-30.0 omnilex-key=us-de-regs-official--title-14--935-30.0}
30.1 A licensee shall respect the religious preference of the child and the child's parent, if applicable.
30.2 A licensee shall ensure each child is provided opportunities to attend religious services or activities in the child's religious faith of choice. A licensee shall directly arrange for the transportation of a child to services or activities that are off-site or provide the technology for virtual attendance, unless this is not recommended in the service plan.
30.3 A licensee shall not require or coerce children to participate in religious services or activities, shall not discipline, discriminate against, or deny privileges to any child who chooses not to participate, and shall not reward any child who chooses to participate.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-31.0** General Safety {#sec-935-31.0 omnilex-key=us-de-regs-official--title-14--935-31.0}
31.1 A licensee shall keep all areas, furnishings, and equipment of the facility or program in a clean, hazard-free, and safe condition. Floors, walls, counter surfaces, toilets, and surfaces or finishes must be cleanable and in good repair.
31.2 A licensee shall take the following measures to prevent hazards to children in care:
31.2.1 To prevent cuts, abrasions, and punctures, equipment, materials, and other objects on the premises that have sharp edges, protruding nails, bolts, or other dangers must be repaired, removed, or made inaccessible to children;
31.2.2 To prevent burns, equipment, materials, or products that may be hot enough to injure a child must be made inaccessible to children;
31.2.3 To prevent sheering, crushing, or pinching, broken or cracked equipment, materials, and objects must be repaired, removed, or made inaccessible to children;
31.2.4 To prevent tripping, uneven indoor and outdoor walkways, damaged flooring or carpeting, or other tripping hazards must be removed or repaired; and
31.2.5 To prevent injuries, equipment in poor condition (rusty parts, flaking paint, or other dangers) must be repaired, removed, or made inaccessible to children.
31.3 A licensee shall have documentation that the buildings of the facility or program conform to all applicable State and local fire laws, regulations, and codes.
31.4 A licensee shall ensure toilets, tubs, sinks, and showers are in working condition, do not leak, are in good repair, and are kept clean.
31.5 A licensee shall ensure bathroom floors, showers, and bathtubs have slip-proof surfaces.
31.6 A licensee shall ensure bathrooms are equipped with windows that open or a working mechanical ventilation system to the outside.
31.7 A licensee shall keep the facility or program free from rodent and insect infestation. If pesticides are used, they shall be used according to the manufacturer's instructions.
31.8 A licensee shall ensure the water temperature does not exceed 120° F from all water faucets and other water sources accessible to children in care. All sinks shall supply hot and cold water under pressure at all times and all plumbing shall comply with State and local plumbing codes. Water supply and the sewage disposal shall be approved by DPH and the Department of Natural Resources and Environmental Control, respectively.
31.9 A licensee shall ensure that garbage and trash are stored in non-combustible, covered containers.
31.9.1 Indoor containers shall be emptied at least daily to an outdoor receptacle and kept clean.
31.9.2 Outdoor garbage containers shall be inaccessible to children, emptied at least weekly, and, with the exception of dumpsters, cleaned as needed.
31.10 A licensee shall ensure that rooms used by children, including bedrooms, dining rooms, recreation rooms, and classrooms, are suitably lighted for safety and comfort. A licensee shall ensure corridors are illuminated during night-time hours.
31.11 A licensee shall ensure stairways over 4 steps have handrails at a maximum height of 38 inches that are safe for children and adults.
31.12 A licensee shall securely screen or equip fireplaces with protective guards while in use.
31.13 A licensee shall prohibit the storage or use of any firearms or other weapons on the grounds of the facility or program or in any building used by children.
31.14 A licensee shall ensure power-driven equipment shall be appropriately shielded and maintained in good repair. Children shall be permitted to use such equipment only when it is age-appropriate and only under the direct supervision of a staff.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-32.0** Heating and Cooling {#sec-935-32.0 omnilex-key=us-de-regs-official--title-14--935-32.0}
32.1 A licensee shall keep temperatures in rooms used by the children at a minimum temperature of 68°F and a maximum of 82°F unless overridden by federal and State energy laws.
32.2 A licensee shall ensure that each habitable room has a window, working heating, and cooling ventilation.
32.3 Floor or window fans must be inaccessible to children and bear the safety certification mark of a recognized testing laboratory such as Underwriters Laboratories or Electro-Technical Laboratory.
32.4 A licensee shall ensure heating, cooling, and plumbing equipment is properly installed, cleaned, and maintained to operate safely.
32.5 A licensee shall ensure heating and cooling equipment prevents injury to children by having safety shielding.
32.5.1 Fire code prohibits the use of heating equipment such as portable, open-flame, space heaters.
32.5.2 Hot water pipes, steam radiators, and wood-burning stoves shall be out of children's reach to protect children against burns.
32.5.3 Electric space heaters are prohibited.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-33.0** Air Quality and Windows {#sec-935-33.0 omnilex-key=us-de-regs-official--title-14--935-33.0}
33.1 A licensee shall ensure a facility or program located in a building that previously contained or currently contains a dry cleaner, nail salon, or any other use that may result in an unacceptable indoor air quality, will not be licensed or have a license renewed, unless the applicant or licensee obtains indoor air sampling as required per 7 DE Admin. Code 1375 that shows there is no impact to the facility or program.
33.2 A licensee shall ensure a facility or program is ventilated to ensure that the air quality within the facility or program provides a healthy environment for children and adults. Insect screening shall be in good repair for all exterior doors and operable windows when the doors and windows are used for ventilation, provided that all requirements for fire safety have been met. This screening shall be easy to remove in an emergency.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-34.0** Hazardous Materials {#sec-935-34.0 omnilex-key=us-de-regs-official--title-14--935-34.0}
34.1 A licensee shall ensure the facility or program is free of unacceptable exposure to hazardous materials.
34.2 An applicant and licensee shall ensure the facility or program is free of lead-based paint hazards. Buildings constructed in or after 1978 are exempt from lead-paint risk assessments and testing.
34.2.1 If the buildings were constructed before 1978, an applicant or licensee shall provide to OCCL a lead-paint risk assessment performed by an environmental testing firm certified by DPH showing the facility or program to be free of lead-based paint hazards.
34.2.1.1 Before license renewal, unless previously submitted to OCCL, a licensee shall submit this risk assessment.
34.2.1.2 If lead paint is identified but intact (i.e. not chipping, flaking, or peeling), the licensee shall monitor the identified areas at least every 6 months and document that the lead-based paint is intact (in good repair and not deteriorated). Lead-based paint is not regarded as a hazard if it is intact, not present in an accessible surface, a friction surface, or an impact surface that could result in an adverse human health effect.
34.2.2 If lead-paint hazards are identified in the risk assessment that are not considered de minimis, the applicant or licensee shall remedy the hazards by hiring a lead-safe contractor (lead abatement or renovation firm) certified by DPH to make the repairs.
34.2.2.1 Once the repairs are made, a lead-dust clearance inspection must be performed by an environmental testing firm certified by DPH to confirm the facility or program is free of lead-based paint hazards.
34.2.2.2 The applicant or licensee shall provide the lead-dust clearance testing results to OCCL within 5 business days to confirm the facility or program is free of lead-based paint hazards.
34.2.2.3 Children may not be present during repairs and the facility or program must stay closed until the results of the lead dust clearance are at appropriate levels and the lead-safe contractor states it is safe for the facility or program to be open.
34.2.3 If any lead-based paint identified in a risk assessment in a pre-1978 child-occupied facility becomes deteriorated or if lead-based paint is located in an area to be remodeled, a licensee shall retain a contractor certified by DPH to work using lead-safe work practices (lead abatement or lead renovator) to perform any renovation or repair.
34.2.3.1 Records of this renovation or repair work must be forwarded to OCCL within 5 business days of completion.
34.2.3.2 Children may not be present during repairs or renovation until a lead-dust clearance test is obtained and the lead-safe contractor states it is safe for the facility or program to be open.
34.3 A licensee shall ensure radon testing is performed in each room used by children once every 5 years between the months of October and March and within 6 months after any remodeling, renovations, or construction.
34.3.1 This testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.
34.3.2 If testing indicates a radon level over the level acceptable to the EPA (currently 4.0 pCi/L), a licensee shall ensure acceptable radon mitigation occurs or a long-term radon test (90-120 days) indicates an acceptable level.
34.3.3 A licensee shall ensure copies of radon testing results are sent to OCCL within 5 business days of receiving the results.
34.4 A licensee shall ensure that containers of poisonous, toxic, or hazardous materials are prominently and distinctly marked or labeled for easy identification as to contents.
34.4.1 These materials shall be used only in the manner and under the conditions that will not contaminate food or constitute a hazard to the children in care or to staff.
34.4.2 These materials shall be stored in a locked storage space accessible only to authorized staff.
34.4.3 Materials required for routine cleaning and maintenance shall be stored and used in a safe manner.
34.4.4 The storage of flammable liquids and gases shall not be permitted in the facility or program except as allowed by the Office of the Fire Marshal.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-35.0** Smoking, Vaping, Illegal Drugs, and Alcohol {#sec-935-35.0 omnilex-key=us-de-regs-official--title-14--935-35.0}
35.1 A licensee shall prohibit children from smoking, vaping, using illegal drugs, or drinking alcohol at the facility or program and during trips.
35.2 A licensee shall prohibit staff, volunteers, and visitors from smoking, vaping, using illegal drugs, or drinking alcohol in the presence or in sight of children at the facility or program, when transporting children, or during trips.
35.3 A licensee shall prohibit staff members, volunteers, and visitors from buying alcohol, tobacco, vaping products, and illegal drugs for children.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-36.0** Outdoor Area {#sec-935-36.0 omnilex-key=us-de-regs-official--title-14--935-36.0}
36.1 A licensee shall ensure the following:
36.1.1 Structures, fences, equipment, and the grounds are maintained in a clean, hazard-free, and safe condition;
36.1.2 Hazards such as animal feces, toxic plants, broken seating or outdoor furniture, building supplies, power equipment, glass, sharp rocks, cigarette butts, beehives and wasp nests, and lawn mowers are not present when an area is used by children.
36.1.3 Exterior lighting is provided for the buildings, parking areas, pedestrian walkways, or other premises used by children, staff, or volunteers while it is dark;
36.1.4 Grounds drain naturally or through installed drainage systems so there is no standing water on the premises. Standing water after a storm must drain within 48 hours; and
36.1.5 All areas determined to be unsafe including steep grades, cliffs, open pits, swimming pools, high voltage boosters, propane gas tanks, streets or roads, driveways, railroad tracks, or parking lots are fenced off or have natural barriers to protect children.
36.2 A licensee shall ensure that raised areas on the premises, other than stairways over 2 feet, such as porches, elevated walkways, and elevated play areas, have walls or barriers to prevent falls over the open side. The walls or barriers must be at least 36 inches tall.
36.3 A licensee shall maintain or have access to an outdoor recreation area with at least 75 square feet for each child for the maximum number of children who will use the outdoor area at 1 time. When a licensee is not able to comply with this requirement, a licensee shall provide a minimum of 700 square feet of open, accessible indoor space suitable for large muscle activity.
36.4 A licensee shall ensure that its outdoor recreation program area has age-appropriate equipment for vigorous play, large muscle activity, physical exercise and group sports. Such equipment shall be kept in a clean, safe, and operable condition.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-37.0** Kitchen and Food Preparation {#sec-935-37.0 omnilex-key=us-de-regs-official--title-14--935-37.0}
37.1 A licensee shall ensure a kitchen or food preparation area is provided with the necessary operable equipment to prepare, store, serve, and clean-up all meals and snacks for children and staff. A facility or program that does not prepare food on-site is exempt from subsections 37.1 through 37.8.
37.2 The kitchen requirements for facilities or programs that prepare and serve meals and snacks are, but not limited to:
37.2.1 One Refrigerator;
37.2.2 Three-compartment sink; or
37.2.3 Two-compartment sink and sanitizing basin; or
37.2.4 Two-compartment sink and dishwasher; and
37.2.5 Separate hand-washing sink within the food preparation area;
37.2.6 Range or cooktop;
37.2.7 Oven or microwave; and
37.2.8 Food storage areas.
37.3 A licensee shall ensure food service equipment and utensils are constructed of material that is non-toxic, easily cleanable, and kept in good repair.
37.4 A licensee shall ensure food preparation areas are cleaned and sanitized after each use.
37.5 A licensee shall ensure appliances, dishes, cups, pots, pans, and utensils in which food was prepared or served are cleaned and sanitized following each meal.
37.6 A licensee shall ensure floors, walls, and counter surfaces that come into contact with food are made of easily cleanable non-porous materials.
37.7 A licensee shall ensure the kitchen has a cook stove and oven with an appropriately vented hood that is kept in a safe and working condition.
37.8 A licensee shall ensure the kitchen has sufficient lighting and all lights located over, by or within food preparation, serving, and storage areas have safety shields or light covers.
37.9 A licensee shall ensure a facility or program has a refrigerator to keep perishable food, including lunches prepared at home, cold at 41°F or colder, and food stored in a freezer frozen at 0°F or colder.
37.9.1 A working thermometer must be in refrigerators and freezers.
37.9.2 Unused freezer compartments in mini-refrigerators do not need a thermometer.
37.10 A licensee shall ensure the food served is nutritional, clean, wholesome, free from spoilage and contamination, and safe to eat. Prepared food items must be correctly labeled with the contents and date of preparation.
37.11 Food storage areas and appliances must be cleanable and free of food particles, dust, and debris.
37.11.1 All food items must be stored off the floor.
37.11.2 Food must be stored separately from cleaning materials.
37.11.3 Food must be stored in closed or sealed containers that are labeled with the contents and expiration date.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-38.0** Water, Food, and Nutrition {#sec-935-38.0 omnilex-key=us-de-regs-official--title-14--935-38.0}
38.1 A licensee shall ensure drinking water is always available to children.
38.2 A licensee shall ensure that all children are provided nutritionally balanced meals and snacks, and portions suitable to the size and age of the child according to the Dietary Guidelines for Americans recommended by the United States Department of Agriculture.
38.3 A licensee shall ensure that a current written menu is posted in a noticeable location on the premises. Menus listing foods served shall be kept for 30 days. Changes to the food served on a certain date shall be written on the menu on or before that date.
38.4 A licensee shall ensure that alternate meals and snacks are provided for children on special diets when prescribed by a physician or required by religious beliefs or food preferences.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-39.0** Administration of Medication {#sec-935-39.0 omnilex-key=us-de-regs-official--title-14--935-39.0}
39.1 A licensee shall ensure that only staff trained in Limited Lay Administration of Medications (LLAM) or health care providers, nurses, or other qualified medical health personnel administer medication to children in a facility or program.
39.2 A licensee shall follow the policies and procedures described in LLAM governing the use, storage, and administration or assistance with the self-administration of medications to children. These policies and procedures shall:
39.2.1 Identify those staff who may administer or assist with the self-administration of medications, in accordance with applicable State laws and regulations;
39.2.2 Prohibit the administration of psychotropic medications unless a physician determines that such medication is clinically indicated;
39.2.3 Prohibit the administration of medication for the convenience of a staff, or as a substitute for appropriate treatment services;
39.2.4 Require that an informed, written consent of the child's parent or referring agency is received and maintained on file before the administration of any medication;
39.2.5 Require the use of a Medication Administration Record (MAR) to document the administration of all medications and medication errors; and
39.2.6 Ensure that any known prescribed medication taken by a child is not changed, altered, or failed to be dispensed without first consulting a physician.
39.3 A licensee shall have, follow, and maintain a written schedule for each child receiving medications.
39.4 A licensee shall ensure that medications are in the original container, properly labeled, and stored in a secure locked area, or as needed, in a locked refrigerated area. Keys to the secure area shall be kept in a location that is inaccessible to children.
39.5 A licensee admitting children with prescribed psychotropic medication or with prescribed medication for chronic illness, such as diabetes or asthma, shall ensure that each of these children receive a monthly medical consult. This medical consult shall be conducted by a person licensed as a registered nurse or physician in Delaware and assigned responsibility for overseeing the assistance with medication. The medical consult shall be documented and include the following:
39.5.1 Review of the administration of the child's medication, including determining any problems in taking the medication and developing a plan to remedy those problems if needed;
39.5.2 Assess and monitor the child with regard to the impact of the medication, including whether the medication is having its desired effects and whether the child is experiencing undesired side-effects;
39.5.3 Provide a liaison between staff and the child's physician; and
39.5.4 Provide staff with instruction in the expected outcomes from each child's medication regime and the possible side effects of that medication.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-40.0** Hand Washing {#sec-935-40.0 omnilex-key=us-de-regs-official--title-14--935-40.0}
40.1 A licensee shall ensure that sinks used for hand washing have liquid soap and paper towels, a mechanical hand dryer, or individual clean cloth towels available for use. If cloth towels are used, a licensee shall ensure that they are washed or replaced daily.
40.2 A licensee shall ensure staff members' and children's hands are washed with soap and running water, even if gloves were worn, and dried with a paper towel, mechanical hand dryer, or individual clean cloth towel, as follows:
40.2.1 Before and after: eating or handling food; giving medications, and caring for a child who may be sick;
40.2.2 After: toileting, touching blood, feces, urine, vomit, nasal or other bodily fluids; handling animals, their equipment, or coming into contact with an animal's body fluids; cleaning, and taking out the garbage.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-41.0** Standard Precautions {#sec-935-41.0 omnilex-key=us-de-regs-official--title-14--935-41.0}
41.1 A licensee shall ensure standard precautions are used to protect against disease and infection. Spills of body fluids (i.e. urine, feces, blood, saliva, and discharges from the nose, eyes, an injury, or other tissue) shall be cleaned up immediately, as follows:
41.1.1 For vomit, urine, and feces on surfaces including floors, walls, bathrooms, tabletops, toys, kitchen counters, the area shall be cleaned with soap and water, and then disinfected.
41.1.2 For blood, blood-containing fluids, and tissue discharges, staff must wear non-porous gloves and not allow contact with any open skin sores or mucous membranes, and the area shall be cleaned with soap and water, and then disinfected.
41.1.3 Bloody material shall be put in a plastic bag, tied securely, and thrown away.
41.1.4 Mops shall be cleaned, rinsed, disinfected, wrung, and hung to dry.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-42.0** Sanitation {#sec-935-42.0 omnilex-key=us-de-regs-official--title-14--935-42.0}
42.1 For sanitizing and disinfecting, a licensee shall ensure 1 of the following is used: an EPA-registered product, a commercially prepared product, or a bleach and water solution mixed to the proper concentration. A licensee shall follow the manufacturer's instructions for use. These products shall be labeled with the contents. Their instructions for use shall be available at all times.
42.2 A licensee shall ensure cleaning equipment, including mops and buckets, are cleaned and stored in an area separate from the kitchen and food preparation, serving, and storage areas. Kitchen and bathroom sinks shall not be used for cleaning mops, emptying mop buckets, or for any other purpose not connected with food preparation or handwashing.
42.3 A facility licensed to care for 13 or more children shall have a service sink to use for purposes not connected with food preparation or handwashing.
42.4 A licensee shall ensure that beds, mattresses, and bedding are age-appropriate and assigned to 1 individual child for exclusive use. All bedding shall be cleaned weekly and when soiled or wet.
42.5 A licensee shall ensure the following items or surfaces are cleaned with a soap and water solution and then disinfected, as follows:
42.5.1 After each use: food preparation and eating surfaces, such as counters, tables;
42.5.2 At least daily: toilets and toilet seats, sinks and faucets, drinking fountains, and smooth non-porous floors.
42.6 A licensee shall ensure door knobs and high-touch surfaces in common areas are cleaned with a soap and water solution and sanitized at least daily.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-43.0** Child Injury or Medical Event {#sec-935-43.0 omnilex-key=us-de-regs-official--title-14--935-43.0}
43.1 A licensee shall ensure when an injury occurs to a child while in care of the facility or program, a staff member takes emergency action to protect the child from further harm, calls emergency medical services if needed, and notifies the child's parent or referring agency.
43.1.1 For a serious or potentially serious injury, the child's parent or referring agency shall be notified immediately after staff have taken appropriate emergency action to assist the child.
43.1.2 A licensee shall maintain a written injury report in the child's file or a central log for each incident that includes the name of child, date of injury, description of injury, how it occurred, and first aid or medical care provided.
43.2 In the event of a significant child medical event, such as a seizure, asthma attack, or severe allergic reaction, the child's parent or referring agency shall be notified immediately after staff have taken appropriate emergency action to assist the child, including contacting emergency medical services as needed.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-44.0** Emergency Plan {#sec-935-44.0 omnilex-key=us-de-regs-official--title-14--935-44.0}
44.1 A licensee shall have and follow a written emergency plan describing procedures for natural and man-made disasters, communicable disease outbreak, and when a child is missing or runs away. The emergency plan shall include procedures for training staff for both natural and man-made disasters in at least the following areas:
44.1.1 Disaster preparedness, including notification to the fire department with responsibility for responding to a building that it contains a locked seclusion room, if applicable;
44.1.2 Staff's specific responsibilities during a disaster;
44.1.3 Accounting for children and staff;
44.1.4 Relocation process;
44.1.5 Medication access and administration;
44.1.6 Accommodations of infants, toddlers, and children with disabilities or chronic medical conditions; if applicable;
44.1.7 Continuation of services in the period following the emergency disaster;
44.1.8 Contacting appropriate emergency response agencies and the parents or referring agencies; and
44.1.9 Lock down procedures.
44.2 A licensee shall ensure evacuation drills are practiced at least monthly at varied times of the day and night and during varied activities. Drills shall be practiced using different exits throughout the year. Evacuation routes shall be posted in the common areas on each floor level. Each drill shall be documented and include the date and time of the drill; number of children and staff who participated; exits used; and total amount of time necessary to evacuate.
44.3 A licensee shall have and follow a written emergency plan describing procedures to shelter-in-place at the facility or program for up to 24 hours due to a natural or man-made disaster that includes a list of emergency supplies kept onsite including a sufficient quantity of non-perishable foods, bottled water, and equipment necessary to serve or prepare foods at the facility or program without the use of electricity.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-45.0** First Aid Kits {#sec-935-45.0 omnilex-key=us-de-regs-official--title-14--935-45.0}
45.1 A licensee shall have at least 1 complete first aid kit in a location readily accessible to staff but not to children. A first aid kit shall be taken on field trips and program outings.
45.2 A licensee shall ensure contents of the first aid kit located on-site includes the following:
45.2.1 Disposable non-porous gloves;
45.2.2 Scissors;
45.2.3 Tweezers;
45.2.4 A non-glass thermometer to measure a child's temperature;
45.2.5 Bandage tape;
45.2.6 Sterile gauze pads;
45.2.7 Flexible rolled gauze;
45.2.8 Triangular bandage or sling;
45.2.9 Safety pins;
45.2.10 Eye patch or dressing;
45.2.11 Pen/pencil and note pad;
45.2.12 Instant cold pack;
45.2.13 Current American Academy of Pediatrics or AAP standard first aid chart or equivalent first aid guide;
45.2.14 Small plastic, metal, or wooden finger splints;
45.2.15 Non-medicated adhesive strip bandages; and
45.2.16 Plastic bags for cloths, gauze, and other materials used in handling blood.
45.3 In addition to the items listed in subsection 45.2, a first aid kit used on field trips or program outings shall include the following items:
45.3.1 Bottled water;
45.3.2 Liquid soap;
45.3.3 Emergency medications needed; and
45.3.4 List of emergency phone numbers and the Poison Control Center phone number.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-46.0** Transportation {#sec-935-46.0 omnilex-key=us-de-regs-official--title-14--935-46.0}
46.1 Excluding the use of school buses, a licensee shall ensure only vehicles with a rated capacity as defined by the manufacturer of 10 passengers plus the driver or less may be used to transport children.
46.2 A licensee shall ensure when transporting children that the driver, when employed by the facility or program, and vehicle, when owned or leased by the facility or program, comply with all applicable federal and State laws.
46.2.1 The driver shall be at least 21 years old.
46.2.2 The driver shall have a valid driver's license and vehicle insurance that authorizes the driver to operate the vehicle being driven.
46.2.3 The driver shall have a background check confirming eligibility to be alone with children during transport.
46.2.4 The driver may not transport more children and adults than the vehicle's capacity.
46.3 A licensee shall ensure that companies contracted by the facility to provide transportation services to children follow applicable State and federal laws.
46.4 A licensee shall ensure each child is secured in an individual safety restraint system appropriate to the age, weight, and height of the child at all times while the vehicle, other than a school bus, is in motion.
46.4.1 Safety restraints must be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard.
46.4.2 Child safety restraints must be installed and used as determined by the manufacturer and vehicle's instruction manual.
46.4.3 Safety restraints must be kept in a safe working condition and free of recall.
46.5 A licensee shall ensure vehicles used to transport children have and use the following:
46.5.1 A working heater capable of keeping an interior temperature of at least 50°F;
46.5.2 Air-conditioning to reduce the interior temperature when it exceeds 82°F (school buses are exempt);
46.5.3 A working phone;
46.5.4 A traveling first aid kit including children's emergency contact information; and
46.5.5 A dry chemical fire extinguisher approved by Underwriters Laboratory.
46.6 A licensee shall ensure children are loaded and unloaded at the vehicle's curbside or in a protected parking area or driveway.
46.7 A licensee shall ensure all doors are locked when the vehicle is moving.
46.8 A licensee shall have written parent permission or the referring agency's permission for transportation provided by the facility or program.
46.9 A licensee shall ensure children are never alone in the vehicle and that the vehicle is visually checked at the final location so that no child is left behind.
46.10 A licensee may not transport children in the open back of a truck.
46.11 A licensee that chooses to transport non-ambulatory children with disabilities shall ensure the following additional equipment is provided for all vehicles except automobiles used for transporting children:
46.11.1 A ramp device to permit entry and exit of a child;
46.11.2 A fastening system for wheelchairs that secures the chair to the vehicle floor; and
46.11.3 Adequate aisle space that does not impede access to the exit door.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-47.0** Swimming {#sec-935-47.0 omnilex-key=us-de-regs-official--title-14--935-47.0}
47.1 A licensee shall ensure all children are under direct supervision while wading or swimming.
47.2 A licensee shall ensure permanent or built-in swimming pools, filtered wading pools, and hot tubs are inaccessible to children when not in use by using a physical barrier with a locking mechanism.
47.3 The water in swimming pools used by children shall be treated, cleaned, and maintained according to DPH regulations.
47.4 The pool and equipment shall be kept in a safe manner and be hazard-free.
47.5 A licensee shall ensure an individual currently certified as a Red Cross Lifeguard or a nationally recognized equivalent is on duty and supervising swimming activities.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-48.0** Pets {#sec-935-48.0 omnilex-key=us-de-regs-official--title-14--935-48.0}
48.1 A licensee shall ensure pets kept by the facility or program are cared for in a safe and sanitary way.
48.2 A licensee shall keep proof of vaccinations required by State law (currently this is rabies vaccinations for dogs and cats).
48.3 Poisonous or aggressive animals; animals known to be carriers of illnesses, such as ferrets, turtles, iguanas, lizards or other reptiles; birds of the parrot family; or animals sick with a disease that can be spread to humans may not be kept at the facility.
48.4 A licensee shall keep containers used for collecting or containing animal feces or urine out of rooms used by children.
48.5 A licensee shall inform parents or referring agency of animals or pets kept by the facility or program.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-49.0** Policies and Procedures for Residential Child Care Facilities {#sec-935-49.0 omnilex-key=us-de-regs-official--title-14--935-49.0}
49.1 A licensee shall have and follow written policies and procedures governing visits as applicable between children and their parent, relatives, and friends, both at the facility, at the children's own homes, and at other suitable locations. These policies and procedures shall address the days and hours of visits, frequency of visits permitted, any exceptions governing whom the child may visit, and whom to contact to arrange for special accommodations in the event of hardship or emergencies and shall be consistent with applicable State laws, regulations, or court orders.
49.1.1 A facility shall explain the policies to the child and child's parent or referring agency.
49.1.2 A facility shall provide accommodations within the buildings to allow visits with children to be conducted in reasonable privacy, except where the service plan indicates that visits are to be directly supervised, or when the facility has reason to believe that a particular visitor would not be in the best interest of the child.
49.1.3 A facility shall not deny or restrict children's visits in the facility with their parent, relatives, or friends based upon a child's behavior, unless the child's behavior is unsafe or denial of visits based on behavior is specified in the child's service plan.
49.2 A licensee shall include in the visitation policies and procedures provisions for verifying the identity of any visitor not known to the facility and determining the location of overnight visits and the adult responsible for the child's care during the visit before releasing the child.
49.3 A licensee shall have and follow written policies and procedures governing visiting or touring the facility by volunteers, advisory committees or councils, public officials, the media, and the public who are not related to children in care. These policies and procedures shall address:
49.3.1 The process required to get written approval before visiting or touring the facility;
49.3.2 The purpose and extent of such visits or tours;
49.3.3 The days, hours, frequency, and length of visits or tours;
49.3.4 The circumstances and conditions when people may visit or tour, including a requirement that visits or tours are supervised by staff;
49.3.5 Precautions to protect the privacy, health, safety, and well-being of children in care; and
49.3.6 Conditions to ensure that visits or tours do not:
49.3.6.1 Cause a major or serious disruption of services or treatment to children;
49.3.6.2 Interfere with the implementation of the child's service plan;
49.3.6.3 Intimidate or embarrass children or staff; or
49.3.6.4 Seriously interfere with or disrupt program operations.
49.4 A licensee shall have and follow written policies and procedures governing the handling and management of children's money. These policies and procedures shall include provisions on:
49.4.1 The conditions under which a child may have money;
49.4.2 The management of individual monetary accounts when the facility or program stores the money for the child to access, ensuring that there is an accurate record of each child's money including any additions to or deductions from the original amount;
49.4.3 Prohibiting a facility from requiring a child to pay for the cost of a child's own care and treatment, except for the reasonable reimbursement of costs required to pay for purposeful damage to the facility or to another person's property by a child; and
49.4.4 Allowing or assisting with opportunities for a child to earn an allowance or to earn money by working.
49.5 A licensee shall have and follow written policies and procedures ensuring children are offered developmentally appropriate leisure, recreational, and physical activities, including extracurricular, enrichment, cultural, and social activities, if permissible with a child's service plan. These policies and procedures shall contain provisions requiring:
49.5.1 Each child has ongoing opportunities to participate in at least 1 age-appropriate and developmentally appropriate activity;
49.5.2 Children not be threatened, coerced, or intimidated to participate or engage in any recreation, physical exercise, or leisure time activity, but may be required to attend while not participating in the activity;
49.5.3 Staff provide adequate and appropriate supervision of children engaging in recreation, physical exercise, or leisure time activities and offer instruction, guidance, and support to assist a child in learning to do so in a safe manner;
49.5.4 A list of the types of activities to be offered to children both on and off the premises, if permissible with a child's service plan;
49.5.5 A balanced mixture of planned recreation, physical exercise, and leisure time activities, so that children have a reasonable choice of alternatives in which to participate;
49.5.6 Opportunities for both individual and group activities;
49.5.7 Children shall not engage or participate in high-risk activities unless:
49.5.7.1 A licensee complies with applicable provisions governing such activities, as specified in Sections 80.0 - 86.0; or
49.5.7.2 A licensee uses an existing high adventure activity provider that is certified or approved by an appropriate accrediting agency that assumes responsibility for safety precautions and risk reductions.
49.5.8 Children are prohibited from participating in bungee jumping, hang gliding, parachute jumping, parasailing, and riding in airborne gliders.
49.5.9 Children only use bathing, biking, boating, camping, canoeing, hiking, kayaking, sailing, swimming, water skiing, white water rafting or other sporting or recreation areas or facilities that comply with applicable provisions of federal, State, and local laws, regulations, and codes.
49.5.10 The reasonable and prudent parent standard is applied when determining whether to allow a child in care to participate in extracurricular, enrichment, cultural, and social activities;
49.5.11 At least 1 staff member is available either on-site or via telephone and authorized to apply the reasonable and prudent parent standard to decisions involving participation in age-appropriate or developmentally appropriate activities. When applying the reasonable and prudent parent standard, the designated staff must consider:
49.5.11.1 The age, maturity, and developmental level of a child in care;
49.5.11.2 The nature and inherent risks of harm; and
49.5.11.3 The best interest of the child.
49.5.12 A written schedule of monthly planned recreation, physical exercise, and leisure time activities be posted in a noticeable location on the premises, and be maintained on file for at least 90 days.
49.6 A licensee shall have and follow written policies and procedures governing the time to be set aside for uninterrupted daily sleep for each child. These policies and procedures shall ensure each child is given the opportunity for at least 8 hours of uninterrupted rest on a daily basis, unless the service plan or health needs of the child indicate otherwise.
49.7 A licensee shall have and follow written policies and procedures that ensure the following:
49.7.1 Children receive guidance and instruction in personal care and hygiene appropriate to their age, gender, race, and culture;
49.7.2 Children follow personal care and good hygiene practices; and
49.7.3 All necessary hygiene supplies, towels, washcloths, and toiletries are provided to children in harmony with their age, gender, race, and culture.
49.8 A licensee shall have and follow written policies and procedures governing preventative, routine, and emergency dental and medical care, including provisions for effective coordination of such dental and medical care with those responsible for the child's aftercare. These policies and procedures shall include:
49.8.1 Periodic appraisal of the general health of each child;
49.8.2 Initial and continuing health screening procedures;
49.8.3 Emergency procedures; and
49.8.4 Maintenance of health records.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-50.0** Staffing and Staff-to-Child Ratio for Residential Child Care Facilities {#sec-935-50.0 omnilex-key=us-de-regs-official--title-14--935-50.0}
50.1 A licensee shall ensure no child is present in the facility without being supervised by a staff member.
50.2 A licensee shall ensure when children are present and awake at a facility, there is a minimum staff-to-child ratio of 1 direct care worker for up to 6 children on each floor where children are present.
50.3 A licensee shall ensure when children are taken to an off-site location a staff-to-child ratio of 1 direct care worker for up to 4 children is maintained at all times.
50.4 When children are sleeping, a licensee shall ensure there is a minimum staff-to-child ratio of 1 direct care worker for up to 8 children on each floor where children are present.
50.5 Staff members shall be awake and available to assist children with their needs. An additional staff shall be on call and able to reach the facility, when called, within 30 minutes.
50.6 A licensee shall ensure a staff member visually observes each child no less than twice per hour when the child is awake and on-site and no less than once per hour while the child is sleeping, unless otherwise stated in the service plan. A licensee shall ensure hourly sleep checks are documented and maintained on electronic or paper file for at least 3 months after the child is discharged.
50.7 A licensee shall ensure when group activities occur, a staff is in a position to observe interactions among children in the group and to redirect unwanted or disruptive behaviors.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-51.0** Children's Rights for Residential Child Care Facilities {#sec-935-51.0 omnilex-key=us-de-regs-official--title-14--935-51.0}
51.1 A licensee shall allow a child's parent, if applicable, attorney, clergy, and authorized representative of the referring agency to be permitted to communicate privately with a child. This communication may take place on the phone, via computer, by mail or email, or in-person.
51.1.1 A licensee shall ensure each building used by children has at least 1 working telephone that is available for children to use.
51.1.2 A licensee shall ensure a licensee's telephone number is clearly posted and available to children, their parent, and the general public.
51.2 A licensee shall not deny or restrict a child's right to send and receive mail without censorship and without limiting the amount of mail a child sends or receives, except when:
51.2.1 The facility has reason to believe that a child's mail may contain unauthorized, injurious, or illegal materials; or
51.2.2 A court order restricts this right.
51.3 A licensee shall ensure each child has reasonable access to writing materials and postage.
51.4 A licensee shall ensure each child has adequate, clean, and seasonally appropriate clothing.
51.5 A licensee shall permit a child to bring clothing and other personal belongings to the facility, unless prohibited by the facility's written policies and procedures.
51.6 A licensee shall permit children to take their clothing and other personal belongings at the time of discharge.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-52.0** Children's Health for Residential Child Care Facilities {#sec-935-52.0 omnilex-key=us-de-regs-official--title-14--935-52.0}
52.1 A licensee shall ensure that children receive timely, competent care when they are ill and continue to receive necessary follow-up care.
52.2 If a licensee cannot document that each child has received a complete physical examination within 12 months before admission to the facility, the facility shall arrange for the child to have a new physical examination, to be completed within 30 days of admission.
52.3 Upon admission, a licensee shall ensure a child is asked if the child has any physical illnesses or injuries. If a child shows symptoms of illness or injury, the facility shall arrange for an immediate examination of the child by a licensed physician or by a licensed nurse practitioner.
52.4 A licensee shall ensure a child receives a health appraisal annually.
52.5 A licensee shall ensure a child receives necessary medical care throughout the year.
52.6 A licensee shall ensure every child over age 3 receives a dental examination annually.
52.7 A licensee shall ensure a child receives necessary non-cosmetic dental care throughout the year.
52.8 A licensee shall make provisions with the referring agency for a child to receive any needed eyeglasses, hearing aids, prosthetic devices, or other corrective devices, as deemed medically necessary by a licensed physician.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-53.0** Physical Environment for Residential Child Care Facilities {#sec-935-53.0 omnilex-key=us-de-regs-official--title-14--935-53.0}
53.1 A licensee shall ensure the living units have designated space for daily living activities, including dining, recreation, indoor activities, and areas where children may visit with their parent, relatives, and friends.
53.2 A licensee shall make adequate provisions for storing a child's clothing and other personal belongings while the child is enrolled, so that clothing used by a child does not come into contact with clothing used by another child.
53.3 A licensee shall ensure a dining area is provided which is kept in a clean manner, well-lighted, and ventilated. A licensee shall ensure that dining room tables and chairs or benches are sturdy and appropriate for the sizes and ages of the children in care.
53.4 A licensee shall ensure there are toilet and bathing accommodations that meet the following specifications:
53.4.1 For every 8 residents, there shall be at least 1 toilet, sink, and bathtub or shower;
53.4.2 These toileting and bathing facilities shall not be located more than 1 floor from any bedroom;
53.4.3 Bathrooms shall have at least 1 mirror fastened to the wall at an age-appropriate height; and
53.4.4 Toilet paper, liquid soap, and paper towels, mechanical hand dryer, or cloth towels for individual use shall be provided in each bathroom.
53.5 A licensee shall ensure children's bedrooms include:
53.5.1 At least 50 square feet per child, excluding closet space;
53.5.2 Sufficient space for beds to be at least 3 feet apart at the head, foot, and sides;
53.5.3 No more than 4 children for sleeping per room;
53.5.4 A door that may be closed;
53.5.5 A direct source of natural light;
53.5.6 A window shade or curtain to ensure privacy; and
53.5.7 Lights with safety covers or shields.
53.6 A licensee shall provide each child with the following items:
53.6.1 A bed;
53.6.2 A non-porous mattress;
53.6.3 Clean bed linens at least every 7 days, or more often if needed;
53.6.4 A pillow; and
53.6.5 Bedding appropriate for the season.
53.7 A licensee shall use cots or portable beds in an emergency only and for no longer than a period of 72 hours.
53.8 A licensee shall ensure there are no more than 2 tiers when bunk beds are used. In addition, the facility shall ensure the distance between the top bunk mattress and ceiling is large enough to enable the child to sit upright in bed without the child's head touching the ceiling.
53.9 A licensee shall provide a dresser, storage bin, or other furniture in the bedroom for the storage of clothing and other personal belongings for each child.
53.10 A licensee shall not permit a child to share the same bed with any other child.
53.11 A licensee shall ensure children of the same sex may share a bedroom.
53.12 A licensee shall ensure children in care age 18 years and older must be housed in separate bedrooms from children in care under 18 years of age, unless, a parent and child share a bedroom, when 1 or both is a child in care.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-54.0** Discharge and Aftercare Plans for Residential Child Care Facilities {#sec-935-54.0 omnilex-key=us-de-regs-official--title-14--935-54.0}
54.1 A licensee shall have and follow written policies and procedures governing discharge and aftercare planning. These policies and procedures shall include:
54.1.1 The roles and responsibilities of the child's parent, the referring agency, and the facility;
54.1.2 The handling of an emergency discharge of a child that ensures the immediate notification of the child's parent or the referring agency;
54.1.3 The involvement of the child in developing the planned discharge and aftercare plan, as applicable, consistent with the child's ability to understand the plan and process; and
54.1.4 The contents of the discharge report, which shall include:
54.1.4.1 The date and reason for discharge;
54.1.4.2 The name, address, telephone number of the person or agency to whom the child was discharged;
54.1.4.3 A summary of the services provided to the child while in care;
54.1.4.4 Service plan goals that have been achieved;
54.1.4.5 Service needs that remain to be addressed; and
54.1.4.6 Recommendations for continuing or additional services and identification of service providers.
54.2 A licensee shall ensure the discharge report is completed within 30 days of the child's discharge.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-55.0** Admission for Alternative to Detention Facilities {#sec-935-55.0 omnilex-key=us-de-regs-official--title-14--935-55.0}
A licensee shall only admit a child who has been committed to the facility by a hearing officer from the Justice of the Peace Court or Family Court as a bail condition and is awaiting resolution of criminal charges.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-56.0** Staffing and Staff-to-Child Ratios for Alternative to Detention Facilities {#sec-935-56.0 omnilex-key=us-de-regs-official--title-14--935-56.0}
56.1 A licensee shall ensure when 2 or more children are present at a facility, there is a minimum of 2 direct care workers present and a minimum staff-to-child ratio of 1 direct care worker for up to 5 children at all times.
56.2 When children are sleeping, a licensee shall ensure staff members are awake and available to assist children with their needs. An additional staff shall be on call and able to reach the facility, when called, within 30 minutes
56.3 A facility shall assign direct care workers to monitor no more than 1 living unit at the same time.
56.4 A licensee shall ensure a staff member visually observes each child no less than 3 times hourly when the child is awake and no less than twice an hour while the child is sleeping. Documentation of these observations shall be maintained for 3 months after the child is discharged.
56.5 A licensee shall ensure when group activities occur, a staff is in a position to observe interactions among children in the group and to redirect unwanted or disruptive behaviors.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-57.0** Exemptions for Alternative to Detention Facilities {#sec-935-57.0 omnilex-key=us-de-regs-official--title-14--935-57.0}
57.1 An alternative to detention facility is exempt from the following regulations:
57.1.1 Section 50.0 regarding supervision and staff-to-child ratios; and
57.1.2 Subsection 30.2 regarding participation in off-site religious services.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-58.0** Staff Qualifications for Drug and Alcohol Treatment Facilities {#sec-935-58.0 omnilex-key=us-de-regs-official--title-14--935-58.0}
58.1 A licensee shall ensure the case manager who works with children who are receiving services primarily for alcohol or drug problems, meets 1 of the following qualifications:
58.1.1 A bachelor's degree from a regionally accredited college or university in a social or behavioral science field and certification as an alcohol and drug counselor or meeting the qualifications of a registered alcohol and drug counselor.
58.1.2 An advanced professional degree in a social or behavioral science field from a regionally accredited college or university with at least 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.
58.1.3 A bachelor's degree from a regionally accredited college or university in a social or behavioral science field and 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.
58.1.4 A bachelor's degree from a regionally accredited college or university in a social or behavioral science field and 2 years of experience working with children in alcohol and drug abuse counseling.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-59.0** Activity Plan for Drug and Alcohol Treatment Facilities {#sec-935-59.0 omnilex-key=us-de-regs-official--title-14--935-59.0}
A licensee shall ensure a drug and alcohol treatment facility provides a highly structured daily activity schedule to encourage group participation and evidenced-based approaches to aid in recovery.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-60.0** Admission for Independent Living Facilities {#sec-935-60.0 omnilex-key=us-de-regs-official--title-14--935-60.0}
60.1 A licensee shall ensure an independent living facility admits children who:
60.1.1 Have reached the age of 16 or older;
60.1.2 Have demonstrated a level of maturity that will enable them to be involved in some community activities, including education or employment; and
60.1.3 Require minimum guidance or supervision.
60.2 A licensee shall ensure an independent living facility accepts a child into care only after an admission evaluation indicates that preparation for self-sufficiency or independent living is the primary goal for the child.
60.3 At the time of admission, an independent living facility shall enter into a written agreement with each child. The agreement shall include:
60.3.1 The roles and responsibilities of the facility, the child, and other involved parties;
60.3.2 A description of the policies governing conduct and consequences of inappropriate behavior of the child while in care;
60.3.3 A statement of any financial arrangements related to placement, in accordance with subsection 49.4.3; and
60.3.4 The approval signatures of the child and the facility's representative.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-61.0** Service Plan for Independent Living Facilities {#sec-935-61.0 omnilex-key=us-de-regs-official--title-14--935-61.0}
61.1 In addition to the requirements of Section 26.0, a licensee shall ensure the service plan includes:
61.1.1 The type and frequency of supervision needed;
61.1.2 The respective roles and responsibilities of the facility, the child, and other involved parties;
61.1.3 The time-frames and methods to be used gradually to reduce dependency while appropriately increasing personal responsibility;
61.1.4 Identity of all people responsible for the implementation of the plan;
61.1.5 The life skills the youth will need to acquire before discharge;
61.1.6 The criteria for achieving a successful discharge; and
61.1.7 The preliminary plan for discharge and aftercare, in accordance with Section 54.0.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-62.0** Program for Independent Living Facilities {#sec-935-62.0 omnilex-key=us-de-regs-official--title-14--935-62.0}
62.1 A licensee shall ensure an independent living facility offers a structured program to teach life skills on the following topics:
62.1.1 Money management and consumer awareness;
62.1.2 Personal hygiene;
62.1.3 Social skills;
62.1.4 Health;
62.1.5 Housekeeping;
62.1.6 Transportation;
62.1.7 Education planning/career planning;
62.1.8 Job-seeking skills;
62.1.9 Job maintenance skills;
62.1.10 Emergency and safety skills;
62.1.11 Knowledge of community resources;
62.1.12 Leisure activities; and
62.1.13 Housing.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-63.0** Activity Schedule for Independent Living Facilities {#sec-935-63.0 omnilex-key=us-de-regs-official--title-14--935-63.0}
63.1 A licensee shall ensure staff assist each child to develop and follow a written activity schedule that includes:
63.1.1 Life skills training and practice appropriate to achieving independent living;
63.1.2 Age and ability appropriate household chores to be completed by children in care;
63.1.3 Employment, job skills training, or educational activities; and
63.1.4 Contact with staff members, volunteers, or community groups.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-64.0** Staffing for Independent Living Facilities {#sec-935-64.0 omnilex-key=us-de-regs-official--title-14--935-64.0}
64.1 A licensee shall have and follow written policies and procedures governing the type and frequency of staff supervision provided for each child. These policies and procedures shall:
64.1.1 Contain criteria for determining the type and frequency of staff supervision. The criteria shall be based on an assessment of each child's maturity, suitability, and readiness for responsibly and safely handling various degrees of responsibility and independence; and
64.1.2 Describe the way a child can communicate with a facility for information, assistance, or to express a concern.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-65.0** Exemptions for Independent Living Facilities {#sec-935-65.0 omnilex-key=us-de-regs-official--title-14--935-65.0}
65.1 An independent living facility shall be exempt from the following:
65.1.1 Subsections 36.3 and 36.4 regarding the outdoor recreation area; and
65.1.2 Subsections 50.2-50.6 regarding supervision and staff-to-child ratios.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-66.0** Staffing and Staff-to-Child Ratios for Parenting Adolescent Facility {#sec-935-66.0 omnilex-key=us-de-regs-official--title-14--935-66.0}
66.1 A licensee shall ensure a facility has a minimum staff-to-child ratio of 1 direct care worker for every 6 adolescents and their children.
66.2 A licensee shall ensure no more than 12 adolescents and their children reside in the facility.
66.3 A licensee may permit an adolescent to care for the child of another adolescent when the following conditions are met:
66.3.1 The adolescent cares for no more than 1 other child in addition to the adolescent’s own; and
66.3.2 The adolescents discuss the expectations of the caregiver, including how long care is to be provided, the child's nutritional and toileting needs, and whether the child’s parent will pay for the care or baby-sit in the future.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-67.0** Service Plan for Parenting Adolescent Facilities {#sec-935-67.0 omnilex-key=us-de-regs-official--title-14--935-67.0}
67.1 A licensee shall ensure the service plan includes the following:
67.1.1 An assessment of the child's health, nutritional, medical, and developmental needs;
67.1.2 An assessment of the interest of the child's non-resident parent, and the role that the non-resident parent is to have with the child and with the child's resident parent;
67.1.3 An assessment of the interests of the grandparents and the role that they are to have with the child and with the child's resident parent; and
67.1.4 Self-sufficiency goals for the resident parent, including child care and level of understanding of the child's developmental needs, food preparation skills, budgeting and money management, and job readiness.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-68.0** Adoption Counseling Services for Parenting Adolescent Facilities {#sec-935-68.0 omnilex-key=us-de-regs-official--title-14--935-68.0}
68.1 A licensee shall ensure the facility provides adoption counseling if the adolescent expresses an interest in surrendering a child for adoption. The counseling shall include:
68.1.1 An explanation of adoption;
68.1.2 The types of adoptions available;
68.1.3 The processes involved in surrendering a child for adoption; and
68.1.4 A list of agencies licensed to provide these services.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-69.0** Stimulation of Young Children for Parenting Adolescent Facility {#sec-935-69.0 omnilex-key=us-de-regs-official--title-14--935-69.0}
69.1 A licensee shall ensure infants are held, spoken to, and placed in a position to observe activities when they are awake during the day.
69.2 A licensee shall ensure infants are held for feedings until they can hold their own bottles.
69.3 A licensee shall ensure infants have access to age-appropriate toys and are provided opportunities for visual and sound stimulation.
69.4 A licensee shall ensure when a resident parent is in school or is working, the infant is appropriately cared for in a licensed child care center, a licensed family child care home, or in the facility.
69.5 A licensee shall ensure children under 18 months of age are engaged in at least 4 of the following activities with their resident parent for at least 45 minutes each day:
69.5.1 Sensory activities, such as the use of mobiles, teething toys, busy boxes, baby mirrors, rattles, melody chimes, squeeze toys, or other comparable toys or equipment;
69.5.2 Language activities, such as the use of picture books, toy telephones, audio equipment with age-appropriate music or sounds, hand puppets, stuffed animals, soft washable dolls, photographs, or other comparable items;
69.5.3 Manipulative activities, such as the use of squeeze toys, grip toys, sorting and stacking toys, 3-piece or 4-piece inlay type puzzles, puzzle blocks, simple threading toys, mobile pull toys, balls, or other comparable age-appropriate play equipment;
69.5.4 Building activities, such as the use of building blocks, toy cars, figures of animals and people, nesting toys, and other comparable toys or equipment;
69.5.5 Large muscle activities, such as the use of low climbers, slides, riding or rocking toys, foam or plastic balls, gym mats, play tunnels, or other comparable play equipment; and
69.5.6 Music activities, such as the use of rhythm instruments, record player and records, toys equipped with musical tones, musical mobiles, busy boxes, drums, xylophones, piano, or other comparable equipment or toys.
69.6 A licensee shall ensure children 18 months of age or older are engaged in at least 4 of the following activities with their resident parent for at least 1 hour each day:
69.6.1 Language activities, such as being read to from a book, playing with flannel boards and telling a story or having the child tell the story, pictures, identification or classification, puppets, audio-visual equipment, or other comparable equipment or toys;
69.6.2 Science and math related activities, such as planting or gardening, playing with sand or the use of a sand table, fish or small animal care, and other comparable activities;
69.6.3 Manipulative activities, such as the use of puzzles, pegs and a pegboard, lacing boards, table-top building toys, dominoes, and other age-appropriate comparable toys and equipment;
69.6.4 Building activities, such as the use of unit blocks, transportation toys, farm animals, play people, age-appropriate, child size work bench, or other household equipment;
69.6.5 Art activities, such as the use of crayons, tempera paint, large brushes and newsprint, finger paint, construction paper, paste or glue, blunt scissors, collage materials, non-toxic felt-tip markers, clay or playdough, or other comparable play equipment or toys; and
69.6.6 Music activities, such as the use of rhythm sticks, drums, cymbals, bells, tape recorder, piano, or other comparable equipment.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-70.0** Children's Health for Parenting Adolescent Facilities {#sec-935-70.0 omnilex-key=us-de-regs-official--title-14--935-70.0}
70.1 A licensee shall ensure pregnant adolescents receive:
70.1.1 Comprehensive prenatal care, including:
70.1.1.1 Monthly visits to an obstetrician or certified nurse mid-wife during the first 28 weeks of gestation;
70.1.1.2 Biweekly visits to an obstetrician or certified nurse mid-wife from the 29th to the 36th week of gestation;
70.1.1.3 Weekly visits to an obstetrician or certified nurse mid-wife from the 36th week of gestation until delivery; and
70.1.1.4 Participation in a childbirth class provided by a registered nurse or childbirth educator.
70.1.2 Arrangements for the delivery of the child are made by the end of the second trimester, or within 15 days upon admission to the facility in situations where the adolescent is already pregnant beyond the second trimester; and
70.1.3 A dental examination within 3 months of admission and that necessary non-cosmetic dental care is provided.
70.2 A licensee shall ensure a system is established to provide background medical information on the pregnant adolescent to the hospital identified for delivery or at the birthing center identified for delivery.
70.3 A licensee shall ensure delivery arrangements are clearly recorded in the adolescent's medical record and staff have access to this information in an emergency.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-71.0** Medical Care for Children of Parenting Adolescents {#sec-935-71.0 omnilex-key=us-de-regs-official--title-14--935-71.0}
71.1 A licensee shall ensure adolescents only use prescription medication that is authorized by a licensed physician or a licensed nurse practitioner and non-prescription medication is used according to the manufacturer's instructions.
71.2 A licensee shall ensure adolescents only use prescription medication that is authorized by a licensed physician or a licensed nurse practitioner and non-prescription medication according to the manufacturer's instructions for their children.
71.3 A licensee shall ensure adolescents follow the advice of a licensed physician regarding the health care of the adolescent's child.
71.4 A licensee shall ensure an adolescent has:
71.4.1 A physical examination for the adolescent’s child conducted by a health care provider at the age of 1 month, and again by no later than the age of 2 1/2 half months;
71.4.2 The child properly immunized as required by DPH; and
71.4.3 Between 3 1/2 and 4 months of age, a physical examination and periodically thereafter as recommended by the infant's attending physician or medical clinic.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-72.0** Diapering for Parenting Adolescent Facilities {#sec-935-72.0 omnilex-key=us-de-regs-official--title-14--935-72.0}
72.1 A licensee shall ensure a facility has a diaper-changing area with a clean, washable, and non-absorbent surface that shall not be located in the kitchen area. There shall be a separate hand-washing sink with running warm water within 5 feet of the changing area. The diaper-changing area shall be cleaned with soap and water and then disinfected after each use.
72.2 A licensee shall ensure that used disposable diapers are placed in a foot-activated container that is used exclusively for diapers, lined with a leak-proof or impervious liner, within arm's reach of the changing area, inaccessible to children, and sanitized daily. Diapers shall be removed from the facility daily or more frequently if needed to prevent accumulation of odors, and placed in a closed container that is outside the building and used for trash collection.
72.3 A licensee shall ensure people who change diapers wash their hands and the child's hands afterward.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-73.0** Toys and Equipment for Parenting Adolescent Facilities {#sec-935-73.0 omnilex-key=us-de-regs-official--title-14--935-73.0}
73.1 A licensee shall ensure all toys and equipment to be used by children are sturdy, of safe construction, non-toxic, and free of hazards. A facility shall use a choker tube to ensure that all parts of all toys used by children under 3 years of age are large enough so that they cannot be swallowed by the child.
73.2 A licensee shall ensure rest or sleep equipment meets the safety standards required by the Consumer Product Safety Commission and kept in a safe condition.
73.3 Mattresses and sleep equipment must be non-absorbent and cleanable.
73.3.1 Cots, mats, and crib mattresses must be cleaned with soap and water and then disinfected weekly and when soiled or wet.
73.3.2 Mats must be stored so there is no contact with the sleep surface of another mat or cleaned and disinfected after each use.
73.3.3 Sleep equipment and bedding must be cleaned and disinfected before being assigned to another child.
73.4 Children over age 1 must be provided with top and bottom covers.
73.4.1 Sheets and blankets or other bedding must be cleaned at least weekly and when soiled or wet.
73.4.2 Bedding must be stored so there is no contact with another child's bedding.
73.5 A licensee shall ensure safe sleep practices for infants are used including the following:
73.5.1 Cribs must not be stacked while in use.
73.5.2 Cribs must not have gaps larger than 2 3/8 inches between the slats.
73.5.3 Infants must sleep only in cribs, pack-and-plays, and playpens. The use of soft surfaces, such as soft mattresses, pillows, sofas, and waterbeds are prohibited as infant sleep surfaces.
73.5.4 Infants who fall asleep in car seats, swings, seats, or other equipment are immediately moved to cribs, pack-and-plays, or playpens.
73.5.5 Cribs, pack-and-plays, and playpens must have top rails at least 20 inches above the mattresses. The mattress must be set at its lowest position.
73.5.6 Latches on cribs, pack-and-plays, or playpens must be safe, secured, and hazard-free.
73.5.7 Crib mattresses must be firm and tight fitting to the frame and covered with a tight-fitting bottom sheet only.
73.5.8 Pillows, bibs, blankets, bumper pads, cloth diapers other than those worn by an infant, comforters, top sheets, quilts, sheepskin, stuffed toys, sleep positioning devices unless exempted by subsections 73.5.10.1- 73.5.10.2, stuffed toys, and other items are prohibited in a crib, pack-and-play, and playpen. Infants may use pacifiers in a crib.
73.5.9 Toys or objects attached to cribs, pack-and-plays, or playpens are prohibited.
73.5.10 Infants must be placed on their backs when laid down to sleep as recommended by the American Academy of Pediatrics.
73.5.10.1 OCCL allows an exception if the infant's health care provider documents that a physical or medical condition requires a different sleeping position or use of a sleep-positioning device.
73.5.10.2 The health care provider must document the new sleep position or the device and how to use it.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-74.0** Physical Environment for Parenting Adolescent Facilities {#sec-935-74.0 omnilex-key=us-de-regs-official--title-14--935-74.0}
74.1 A licensee shall ensure the facility provides:
74.1.1 A separate bedroom with at least 100 square feet for the adolescent and the adolescent’s child, and an additional 50 square feet for each additional child.
74.1.2 Sufficient space to accommodate tables, high chairs, chairs for adolescents and their children, and on duty staff to eat meals together; and
74.1.3 Sufficient locked or secure storage space that can accommodate the personal belongings of the adolescent and the adolescent’s children which is reasonably accessible to the adolescent.
74.2 A licensee shall ensure safety gates approved by the American Society for Testing and Materials are used in stairway areas where infants and toddlers are in care.
74.2.1 Gates must have latching devices that adults, but not children, can open easily.
74.2.2 Pressure or accordion gates may not be used in any area of the facility.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-75.0** Discharge and Aftercare Plans for Parenting Adolescent Facilities {#sec-935-75.0 omnilex-key=us-de-regs-official--title-14--935-75.0}
A facility shall include in the discharge and aftercare plan specific information regarding the status of the adolescent's child and health care, immunization, and medical needs that the child may require; and an assessment of the adolescent's ability to parent the child and to follow-up appropriately on the child's aftercare plan.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-76.0** Exemptions for Parenting Adolescent Facilities {#sec-935-76.0 omnilex-key=us-de-regs-official--title-14--935-76.0}
A parenting adolescent facility shall be exempt from subsections 50.2-50.6 regarding supervision and staff-to-child ratios.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-77.0** Children's Health for Shelter Care Facilities {#sec-935-77.0 omnilex-key=us-de-regs-official--title-14--935-77.0}
A shelter care facility shall either obtain documentation that a child has received a physical examination within the last 12 months or arrange for a physical examination within 7 days of admission.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-78.0** Duration of Placement for Shelter Care Facilities {#sec-935-78.0 omnilex-key=us-de-regs-official--title-14--935-78.0}
A facility shall provide care to children for no more than 45 days, unless there is documentation in the child's service plan that clearly justifies a longer placement.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-79.0** Exemptions for Shelter Care Facilities {#sec-935-79.0 omnilex-key=us-de-regs-official--title-14--935-79.0}
A shelter care facility shall be exempt from subsection 27.1.1 regarding beginning to obtain necessary immunizations within 30 days of admission.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-80.0** Policies and Procedures for Wilderness Adventure Facilities {#sec-935-80.0 omnilex-key=us-de-regs-official--title-14--935-80.0}
80.1 A licensee shall have and follow written policies and procedures that contain:
80.1.1 A comprehensive description of the various types of adventure activities in which a licensee plans to involve children, including the specific camping or activity destinations for each day; routes to be followed whether by highway, trail, or waterway; and the modes of transportation to be used;
80.1.2 Safety rules that are to be used by staff members, volunteers, and children when engaged in camping and for each type of adventure activity in which the program offers;
80.1.3 Recognized standards for staff and volunteers to be qualified as responsible for leading, instructing, and supervising children engaged in any of the adventure activities;
80.1.4 Descriptions of appropriate safety equipment and clothing, such as safety glasses or goggles, helmets, gloves, special shoes, and outdoor clothing that are required to be used for adventure activities;
80.1.5 Procedures to be used to ensure that the environment is protected and any waste materials or trash are appropriately disposed of;
80.1.6 Instructions for posting itineraries, preparing for emergency medical services, and notifying, at agreed upon times, a licensee's main office when the adventure activity takes place in a location or locations that are remote from the main premises of a licensee;
80.1.7 Guidelines to ensure adventure activities include opportunities for problem-solving, developing a positive self-image, developing an appreciation for the natural environment, and conservation;
80.1.8 Guidelines to ensure adventure activities are followed by opportunities for reflection and life application;
80.1.9 Guidelines to ensure participation is conducted within the boundaries of the child's capabilities, dignity, and respect for self-determination;
80.1.10 Procedures to ensure necessary potable water, nutritious food, appropriate clothing, shelter, rest, and other essentials are available and planned for;
80.1.11 Procedures for obtaining signed consent forms from a child's parent or referring agency; and
80.1.12 Procedures that ensure the reporting to DFS of any fatalities or any accidents resulting in the hospitalization of a child.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-81.0** Safety and Risk Management Committee for Wilderness Adventure Facilities {#sec-935-81.0 omnilex-key=us-de-regs-official--title-14--935-81.0}
A licensee shall establish a Safety and Risk Management Committee consisting of representatives of management, staff, and individuals with experience and expertise in adventure activities. This committee shall review a licensee's policies and procedures governing adventure activities and monitor risk management and safety practices used in the various adventure activities, and advise a licensee's chief administrator of any revisions, omissions, or additions that are necessary and appropriate. The committee shall review any accident that may occur and the circumstances surrounding the accident and send written findings and recommendations to a licensee's chief administrator and to OCCL.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-82.0** Staff Qualifications and Staff-to-Child Ratios for Wilderness Adventure Facilities {#sec-935-82.0 omnilex-key=us-de-regs-official--title-14--935-82.0}
82.1 A licensee shall ensure staff and volunteers who have responsibility for a particular adventure activity are qualified and experienced in the specific adventure activity. If certification is required, these staff or volunteers shall have current certification.
82.2 An aquatic supervisor shall be an adult who has satisfactorily completed the training and certification for a water safety instructor that are equivalent to those adopted by the American Red Cross for water safety.
82.3 A licensee shall ensure the ratio of staff and volunteers to children conforms with standards for the specified adventure activity that have been recognized by a national accrediting or other recognized organization.
82.4 A licensee shall ensure an aquatic supervisor or water safety instructor is on duty at each aquatic activity. The aquatic supervisor shall be responsible for the enforcement of a licensee's safety policies and procedures governing aquatic activities, including swimming, boating, canoeing, kayaking, water skiing, and white-water rafting.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-83.0** Away-From-Campus Adventure Activities for Wilderness Adventure Facilities {#sec-935-83.0 omnilex-key=us-de-regs-official--title-14--935-83.0}
83.1 A licensee shall keep a list of all children, staff members, and volunteers who participate in an adventure activity that occurs away from the premises of a licensee at a licensee's administrative office.
83.2 A licensee shall ensure a fully stocked first aid kit that is adventure activity-appropriate and readily available accompanies the group on an adventure activity.
83.3 A licensee shall have and follow an itinerary and pre-established check-in times for groups that will travel out-of-state for more than 48 hours.
83.4 A licensee shall provide the child's parent or referring agency with a copy of the itinerary.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-84.0** Equipment for Wilderness Adventure Facilities {#sec-935-84.0 omnilex-key=us-de-regs-official--title-14--935-84.0}
84.1 A licensee shall ensure appropriate equipment and gear is used for each specified adventure activity. This equipment and gear shall be certified if required, in good repair, in working condition, and age- and body-size appropriate.
84.2 A licensee shall ensure ropes and gear used for rope rock climbing, rappelling, high and low ropes courses, or other adventure activities in which ropes are used are approved by the Union of International Alpine Association or "UIAA" or an equivalent certifying organization. Staff members responsible for supervising the activity shall inspect the ropes before engaging children in the activity.
84.3 A licensee shall ensure participants are appropriately equipped, clothed, and wearing safety gear, such as a helmet, goggles, safety belt, life jacket or a flotation device, that is appropriate to the adventure activity in which a child is engaged.
84.4 A licensee shall provide and place lifesaving equipment at each permanent swimming area so it is immediately available in case of an emergency. The following equipment shall be available:
84.4.1 A whistle or other loud signal device for each staff on duty;
84.4.2 An assist pole or other appropriate reaching device;
84.4.3 A ring buoy or other appropriate throwing assist device that has a rope attached to it which is of sufficient length for the area;
84.4.4 A backboard that has appropriate rigid cervical collars and a minimum of 6 straps;
84.4.5 A first aid kit; and
84.4.6 A rescue tube.
84.5 A licensee shall ensure lifesaving equipment is provided for other aquatic activities and is placed so that it is immediately available in case of an emergency. At a minimum, the equipment shall include the following:
84.5.1 A whistle or other loud signal device;
84.5.2 A throwing assist device; and
84.5.3 A first aid kit.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-85.0** Aquatic Procedures for Wilderness Adventure Facilities {#sec-935-85.0 omnilex-key=us-de-regs-official--title-14--935-85.0}
85.1 A licensee shall ensure before engaging in an aquatic activity, each child shall be classified by the aquatic supervisor according to swimming ability in 1 of 2 classifications: swimmer and non-swimmer.
85.2 A licensee shall not permit a child to participate in an aquatic activity that requires higher skills than the child's swimming classification, except during formal instruction.
85.3 A licensee shall establish and enforce a method, such as the buddy system, for supervising children who are involved in an aquatic activity. The system used shall include procedures for check-in, check-out, and the periodic accounting for each child's whereabouts by a staff. A licensee shall ensure a staff accounts for each of the swimmers at least once every 10 minutes.
85.4 A licensee shall have and follow a written aquatic emergency plan for each activity. The plan shall include:
85.4.1 Rescue procedures and frequency of drills;
85.4.2 Child accountability;
85.4.3 Prompt evacuation; and
85.4.4 Notification of outside emergency services.
85.5 A licensee shall ensure swimming at sites other than a waterfront or pool that is on the premises of a licensee is supervised by an aquatic supervisor who is assisted by 1 aquatic observer for every 10 children in the water.
85.6 A licensee shall ensure the buddy system is used and that buddy checks are conducted every 5 minutes whenever swimming is permitted at non-permanent sites.
85.7 A licensee shall not permit swimming during periods of darkness unless the swimming pool has underwater and deck lighting that provides unrestricted vision.
85.8 A licensee shall ensure diving occurs only in designated areas.
85.9 For a facility or program that uses a natural diving or swimming area, such as a lake, river, bay, or ocean, a licensee shall ensure the following:
85.9.1 Hazards are assessed and eliminated or clearly marked before a child swims, dives, or bathes at a natural diving or swimming area;
85.9.2 Swimmers are not subjected to a dangerous condition such as a strong current, a sharp drop-off, a quicksand bottom, or rough surf;
85.9.3 Water is free from known dangerous aquatic life;
85.9.4 The bottom is free from known hazardous debris, sharp stones, and sharp shells;
85.9.5 Swimming, diving, and boating areas are clearly marked or roped off; and
85.9.6 Diving and swimming programs are conducted at separate times or in separate areas from boating programs.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-86.0** Watercraft Activities for Wilderness Adventure Facilities {#sec-935-86.0 omnilex-key=us-de-regs-official--title-14--935-86.0}
86.1 A licensee offering boating or other watercraft activities shall meet the following requirements:
86.1.1 A licensee shall ensure that each person wears a Personal Flotation Device approved by the U.S. Coast Guard for that particular activity while on the water.
86.1.2 A licensee shall ensure campers have at least an American Red Cross Advanced Beginner Swimming Certificate, American Red Cross Survival Swimming Certificate, or its equivalent before being allowed to participate in boating activities.
86.1.3 A licensee shall ensure that each watercraft is in good repair before use.
86.1.4 A licensee shall ensure a watercraft towing a water skier, tuber, or towable has an adult observer on board in addition to the driver.
86.1.4.1 Ropes used to tow must be at least 100 feet in length.
86.1.4.2 A licensee shall ensure the operator keeps a safe distance from docks, other boats, bulkheads, and shorelines when towing someone behind a boat.
86.1.5 A licensee shall ensure an individual using a watercraft has been trained in boarding, debarking, and safety procedures for the craft.
86.1.6 A licensee shall ensure a watercraft docking area is not adjacent to a swimming area, and that a swimming area is not used for the launching or dropping off water-skiers.
86.1.7 A licensee shall follow the watercraft's rated capacity.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-87.0** Activities and Sleep Equipment for Day Treatment Programs {#sec-935-87.0 omnilex-key=us-de-regs-official--title-14--935-87.0}
87.1 The program shall ensure all children are provided activities and physical exercise or routines that are developmentally and age-appropriate.
87.2 The program shall provide opportunities for rest after the noon meal to children under age 6. The rest area shall be lighted to allow staff to view the children.
87.3 The program shall ensure each child under age 6 who is present during scheduled rest time has age-appropriate and clean rest equipment and bedding. The bedding shall include a top and bottom cover and washed weekly and when wet and or soiled.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-88.0** Indoor Space for Day Treatment Programs {#sec-935-88.0 omnilex-key=us-de-regs-official--title-14--935-88.0}
88.1 A program shall have at least 35 square feet of usable indoor space per child. OCCL will not count toilet rooms, kitchen areas, eating areas, seclusion rooms, offices, storage spaces, hallways, closets, and gymnasiums in the square footage.
88.2 A program shall have a separate area where children who are showing symptoms of illness that require isolation from the group may be cared for until released to their parent. The area shall not be located in the kitchen or toilet areas.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-89.0** Toilet Facilities for Day Treatment Programs {#sec-935-89.0 omnilex-key=us-de-regs-official--title-14--935-89.0}
89.1 A licensee shall ensure a program has enclosed toilet rooms inside the building on each floor where education or recreation occurs. Each toilet room shall have at least 1 sink with warm running water and 1 operable window or ventilation fan. All door locks, if present, must be designed to permit staff to open the locked door readily.
89.2 A licensee shall ensure a program has the following toilet-to-child ratios:
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-90.0** Staffing and Staff-to-Child Ratios for Day Treatment Programs {#sec-935-90.0 omnilex-key=us-de-regs-official--title-14--935-90.0}
90.1 A licensee shall ensure direct supervision of children is provided at all times through the assignment of qualified staff physically present and working with children to maintain the following minimum staff-to-child ratio for each age group:
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-91.0** Day Treatment Agreement for Day Treatment Programs {#sec-935-91.0 omnilex-key=us-de-regs-official--title-14--935-91.0}
91.1 A licensee shall ensure a program has and follows a written day treatment agreement. The agreement shall be completed before the child's admission and be signed by a licensee or the licensee's designee, the child, if appropriate, the child's parent, and the referring agency. The agreement shall include the following information:
91.1.1 A description of the expectations, roles, and responsibilities of the program, child, family, and other involved parties;
91.1.2 Description of the hours of operation, arrangements for service of meals, equipment to be provided by the family, transportation arrangements, and visitation policies;
91.1.3 Description of the behavior management policy, the release policy, and the procedures for handling child and parent complaints; and
91.1.4 Description of grounds for enrollment termination.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-92.0** Release of Children for Day Treatment Programs {#sec-935-92.0 omnilex-key=us-de-regs-official--title-14--935-92.0}
92.1 A program shall have and follow written policies and procedures governing the release of children. A program shall provide a copy of the policies and procedures to all parents, staff, volunteers, and children that include the following requirements:
92.1.1 To ensure children are released to authorized people, agencies, or public or private school bus services;
92.1.2 For the emergency release of children, when a parent calls the program requesting emergency release of the child, the program shall verify the identity of the parent before releasing the child;
92.1.3 Procedures to follow for requiring photo identification for individuals unknown to the program who are identified as authorized releases, except for bus drivers contracted by the child's school;
92.1.4 Procedures to follow when a person not authorized to receive a child, or when a person who appears to be intoxicated or otherwise incapable of bringing the child home safely, requests release of a child; and
92.1.5 Handling situations in which a non-custodial parent attempts to claim the child without custodial parent or guardian permission.
**History**
- *27 DE Reg. 599 (02/01/24)*
##### **14 Del. Admin. Code § 935-93.0** Restrictive Procedures {#sec-935-93.0 omnilex-key=us-de-regs-official--title-14--935-93.0}
93.1 A licensee shall receive written permission from OCCL before a facility or program uses the restrictive procedures of chemical restraint, physical restraint, or seclusion.
93.2 A licensee shall have and follow written policies and procedures governing the appropriate use of chemical restraint, physical restraint, or seclusion, as applicable. These policies and procedures shall:
93.2.1 Prohibit the use any restrictive procedure on a child below age 6.
93.2.2 Require restrictive procedures to only be permitted under the following conditions:
93.2.2.1 A trauma-informed treatment model is used;
93.2.2.2 The child is a danger to self or others;
93.2.2.3 The child's behavior is seriously disruptive;
93.2.2.4 Other ways to manage the child's dangerous behavior have failed; and
93.2.2.5 Staff members administering a restrictive procedure were trained to administer that procedure.
93.2.3 Identify the types of behavior or conditions for which each type of restrictive procedure, as applicable, would be permitted;
93.2.4 Require that each type of restrictive procedure, as applicable, may only be used when less restrictive interventions would not effectively reduce the risk;
93.2.5 Require documentation that a licensee's use of each type of restrictive procedure, as applicable, is in accordance with established, accepted clinical practice and is age-appropriate;
93.2 6 Require these procedures be used only as additional techniques to accompany positive reinforcement techniques;
93.2.7 Require that a technique be used only when its use outweighs the risk of potential harm associated with its use;
93.2.8 Prohibit, at a minimum, any of the following aversive punishment procedures:
93.2.8.1 The use of noxious substances;
93.2.8.2 The use of instruments causing temporary incapacitation;
93.2.8.3 Any restraints on a child who is pregnant;
93.2.8.4 Any restraint that may constrict a child's breathing;
93.2.8.5 Placing pressure on a child's neck or throat;
93.2.8.6 Placing pressure on a child's mouth, except for the purpose of extracting a body part from a bite or possible choking item;
93.2.8.7 Using a restrictive procedure when the primary purpose is to inflict pain; or
93.2.8.8 Using restraint equipment and physical restraint techniques for punishment, discipline, or retaliation.
93.2.9 Require a restrictive procedure to be administered only by staff who have been specifically trained in its use and authorized to apply such strategies. Staff members are prohibited from intentionally:
93.2.9.1 Pulling a child's hair;
93.2.9.2 Pinching a child's skin;
93.2.9.3 Twisting a child's arm or leg in a way that would cause pain or injury to the child;
93.2.9.4 Kneeling or sitting on any part of a child;
93.2.9.5 Placing a choke hold on a child;
93.2.9.6 Bending back a child's finger;
93.2.9.7 Shoving or pushing a child into the wall, floor, or other stationary object;
93.2.9.8 Placing of hands, feet, elbows, knees or any object on a child's neck, throat, genitals or other intimate parts;
93.2.9.9 Causing pressure to be placed or creating a risk of causing pressure to be placed, on a child's stomach, chest, joints, throat or back by a knee, foot or elbow; or
93.2.9.10 Allowing another child or children to assist in a physical restraint.
93.2.10 Describe the position and qualifications of the staff who have direct responsibility for applying and for supervising the application of each type of restrictive procedure, as applicable;
93.2.11 Restrict the use of each type of restrictive procedure, as applicable, to designated and authorized staff who have been given prior training in how to administer and supervise the application of such procedure including the following:
93.2.11.1 Documentation requirements;
93.2.11.2 Thresholds for using restrictive procedures;
93.2.11.3 The physiological and psychological impact of restrictive procedures;
93.2.11.4 How to monitor and respond to the resident's physical signs of distress;
93.2.11.5 Symptoms and interventions for positional asphyxia, as applicable;
93.2.11.6 Time limits for the use of physical restraint and seclusion;
93.2.11.7 Emergency release of a child from a locked seclusion room within 2 minutes of the onset of a fire or similar emergency, if applicable; and
93.2.11.8 Procedures for obtaining approval for the use of a restrictive procedure.
93.2.12 Require the current service plan for that child permits the use of each type of restrictive procedure, as applicable, considering whether the restrictive procedure is proportionate to the severity of the child's behavior; the child's chronological and developmental age, size, and gender, physical condition, disability, medical condition, psychiatric condition, and personal injury, including any history of trauma, and used in a manner consistent with the child's treatment plan;
93.2.13 Require a legal, informed, written consent from the child's parent or referring agency is received before using each type of restrictive procedure, as applicable;
93.2.14 Require chemical restraints to be administered by a registered nurse either orally or via intramuscular injection, if applicable;
93.2.15 Prohibit the removal or limitation of the use of a mobility aid or other assistive device in a restraint unless there is a risk of imminent serious bodily injury and less restrictive interventions would not effectively reduce the risk.
93.2.16 Indicate time limitations and other restrictions on the use of each type of restrictive procedure, as applicable and require physical restraint and seclusion to end when the threat of harm ends;
93.2.17 Require a physical restraint to be applied for the minimum time necessary to accomplish the purpose. It shall not exceed 10 minutes without documentation on attempts made to release the child from the hold if more than 10 minutes is required. A licensee shall ensure a child is released from a physical restraint as soon as the child gains control, or before 10 minutes have elapsed, whichever occurs first;
93.2.18 Require the chief administrator or chief administrator's designee provides weekly administrative oversight of each use of each type of restrictive procedure, as applicable, to ensure that these procedures are humanely and appropriately applied; and
93.2.19 Require documentation for each use of each type of restrictive procedure, as applicable. This documentation shall contain the following information:
93.2.19.1 The name of the child;
93.2.19.2 The names of the staff who administered the procedure;
93.2.19.3 Behavior supports used to deter the behavior before the use of a restrictive procedure;
93.2.19.4 The names of witnesses;
93.2.19.5 The date, time, and duration of the procedure;
93.2.19.6 The place;
93.2.19.7 The circumstances surrounding the use of the procedure;
93.2.19.8 A description of the child's behavior; and
93.2.19.9 A health observation to state whether any injuries occurred.
93.2.20 Require written specific authorization from a licensed physician when a child has a known physical condition that would contraindicate its use;
93.2.21 Require the chief administrator, designee, or the direct care supervisor to be immediately notified when a child has been restrained for more than 10 minutes or when within a 24-hour period a child has been in seclusion more than 3 times or a total of 2 hours.
93.2.22 Require the chief administrator or the designee to conduct a review to determine the child's suitability to remain in placement in the facility or program or whether changes to the child's service plan are necessary and to take appropriate action in response to the review for the following situations:
93.2.22.1 Whenever a physical restraint has been used for more than 10 minutes;
93.2.22.2 If there are more than 3 seclusions for an individual child or 2 hours of seclusion within a 24-hour period; or
93.2.22.3 If a chemical restraint is administered.
93.2.23 Require the reviews for physical restraints and seclusions to be forwarded to DSCYF by following the DSCYF Reportable Events and Notification Procedures.
93.3 A licensee shall ensure when using the restrictive procedure of seclusion:
93.3.1 Children are placed in seclusion for no more than 45 consecutive minutes;
93.3.2 At least 1 staff member is responsible for providing continuous monitoring and observation of the child and is available to unlock the room, if locked, within 2 minutes of the onset of a fire or similar emergency;
93.3.3 The child is not secluded in a closet, bathroom, or unfinished basement or attic;
93.3.4 Rooms used for seclusion have tamper-proof fixtures and adequate space, temperature, light, and ventilation;
93.3.5 The room or area used has equipment and furnishings that do not present a physical hazard or suicide risk and objects that may be used by a child for self-injury are removed from the child before the child is placed in seclusion;
93.3.6 The room or area used has at least 75 square feet and a ceiling height of at least 8 feet;
93.3.7 A staff member returns the child to the group in a sensitive and non-punitive manner as soon as the child has regained control;
93.3.8 The child has access to toilet facilities, as needed; and
93.3.9 The child receives the same number and frequency of meals and snacks provided to other children in the facility or program.
APPENDICES
APPENDIX I
Initial Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix I 105 RCC-DTP Initial Application for FO.pdf
APPENDIX II
Relocation Renewal Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix II 105 RCC-DTP Relocation or Renewal Application for FO.pdf
APPENDIX III
Variance
https://regulations.delaware.gov/AdminCode/title14/900/Appendix III 105 RCC-DTP Variance Request for FO.pdf
**History**
- *27 DE Reg. 599 (02/01/24)*
### **936** Child Placing Agencies
##### **14 Del. Admin. Code § 936-1.0** Legal Base and Laws {#sec-936-1.0 omnilex-key=us-de-regs-official--title-14--936-1.0}
1.1 The legal base for DELACARE: Regulations for Child Placing Agencies is in 14 Del.C. §§3001A-3005A.
1.2 The laws pertaining to a child's placement in foster care or for adoption are found in 13 Del.C. §§901-956; 13 Del.C. §§1101-1115; 31 Del.C. §§351-356; and 31 Del.C. §§381-389.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-2.0** Purpose {#sec-936-2.0 omnilex-key=us-de-regs-official--title-14--936-2.0}
The purpose of these regulations is to protect the rights of children in foster care, those in the process of being adopted, and children’s birth parents or guardians. These regulations establish minimum standards set by the Office of Child Care Licensing (OCCL) to approve a foster or adoptive parent, foster or adoptive family household members, and a foster or adoptive home. They also ensure effective foster care and adoption services resulting in humane placement for each child.
PART I GENERAL PROVISIONS
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
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- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
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- *23 DE Reg. 233 (09/01/19)*
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- *23 DE Reg. 233 (09/01/19)*
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- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-3.0** Definition of Regulated Service {#sec-936-3.0 omnilex-key=us-de-regs-official--title-14--936-3.0}
3.1 A child placing agency or "agency" means an organization established to provide or arrange for a child's placement in the home of an approved foster or adoptive parent. Licensed agencies shall meet the general provisions of Part I.
3.1.1 Foster Care - An agency shall meet Part II regulations when placing a child in a foster home; assisting the child's birth parent or guardian; and approving a foster parent, household members, and a foster home.
3.1.2 Adoption - An agency shall meet Part III regulations when placing a child in a private home for adoption; assisting the child's relinquishing birth parent or guardian; and approving an adoptive parent, household members, and an adoptive home.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-4.0** Definitions {#sec-936-4.0 omnilex-key=us-de-regs-official--title-14--936-4.0}
The following words and terms, when used in these regulations, have the following meaning unless the context clearly indicates otherwise.
"Adoption" means termination of previously held parental rights over a child and the creation and finalization of a new legal parent-child relationship.
"Adoptive home" means a private residence where an adoptive parent lives and meets the requirements of these regulations to accept a child for adoption.
"Adoptive parent" means a person approved by an agency to adopt a child and create a new legal parent-child relationship.
"Adult" means a person who has reached the age of 18.
"Agency" means a child placing agency.
"Agreement of understanding" means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance.
"Applicant" means a person, agency, corporation, partnership, or entity applying for a license through OCCL to provide foster care or adoption services. In the foster care section, the applicant refers to a foster parent applicant. In the adoption section, the applicant refers to an adoptive parent applicant.
"Background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history, a Department of Services for Children, Youth and Their Families child protection registry check. In addition to the previously mentioned report and check, background checks for applicants for foster care and adoption include a search of state child abuse and neglect registries, repositories, or databases in the state where the applicant resides, and in each state in which the applicant resided during the past five years.
"Birth parent" means the child's biological mother or father.
"Business day" means a weekday Monday through Friday not including State of Delaware legal holidays.
"Caseworker" means an agency staff member who works directly with a child, his or her birth parent or guardian, foster or adoptive parent, and other relevant person. This person is primarily responsible for the development, implementation, and review of a service plan for a child and his or her birth parent or guardian. This person performs a placement or home-finding service for a child, conducts an assessment study for a foster or adoptive parent, and meets the qualifications as specified in these regulations.
"Caseworker supervisor" means an agency staff member with responsibility for the supervision of caseworkers and meets the qualifications specified in these regulations.
"Chief administrator" means an agency staff member designated by a licensee or governing body as having day-to-day responsibilities for the overall administration and operation of an agency. This person assures the care, treatment, safety, and protection of child clients and meets the qualifications specified in these regulations.
"Child" means a person who has not reached the age of 18.
"Child abuse" or “abuse” means to cause or inflict sexual abuse on a child; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment, or mistreatment as defined in 10 Del.C. §901.
"Child care licensing specialist" or "specialist" means an OCCL employee responsible for performing regulatory activities, including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Child care licensing supervisor" or "supervisor" means an OCCL employee who is responsible for supervising child care licensing specialists. This person may perform regulatory actions and ensures licensing specialists are performing regulatory activities. This person approves complaint investigations, enforcement actions, and licenses.
"Child neglect" or “neglect” means the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary education, as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being as defined in 10 Del.C. §901.
"Child sexual abuse" means an act against a child that is described as a sexual offense or child exploitation as defined in 11 Del.C. §8550(2).
"Complaint investigation" means the process followed by OCCL, Department of Services for Children, Youth and Their Families, or an agency to investigate accusations that a licensee does not comply with these regulations or applicable laws.
"Conference" means a meeting between OCCL and a licensee to discuss non-compliance of a serious or repeated nature or to discuss the denial of a variance request.
"Corrective action plan" means a document listing the non-compliance a licensee must correct, how it must be corrected, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations.
"Court appointed special advocate" or "CASA" means a person appointed by the court to represent the best interests of a child whether or not that reflects the child's wishes. This person shall be a party to child welfare proceedings. The CASA is charged with obtaining a clear understanding of the situation and child's needs and making recommendations to the court as to what is in the child's best interests.
"Denial" means the process of refusing to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
"Department" means the Delaware Department of Education.
"Developmentally appropriate" means offering a child an opportunity for learning that is suitable to his or her developmental age and stage. This opportunity is consistent with the child's special needs and encourages development to the next stage.
"Disability" means a physical, intellectual, emotional, developmental or chronic medical condition.
"Division" means the Division of Family Services within the Department of Services for Children, Youth and Their Families.
"Enforcement action" means an action taken by OCCL to encourage compliance, such as warning of probation, probation, suspension, revocation, or denial.
"Family" means biological or adoptive father, mother, brother, and sister, but may be interpreted to include any person, whether related to a child by blood or not, who resides in a child's home, takes part in a child's family life, or has responsibility for or legal custody of a child.
"Family service plan" means a comprehensive individualized action plan developed by the agency in cooperation with a child, his or her birth parent or guardian, and other family members. The plan establishes goals, objectives, and deadlines based on resolving any problem that resulted in the child's placement. The plan includes needed services and, if applicable, a visitation and reunification plan.
"Foster care" means the temporary care of a child placed in an agency-approved foster home.
"Foster home" means a private residence where a foster parent lives and meets the requirements of these regulations for foster care.
"Foster parent" means an agency-approved person who can provide foster care for a child.
"Governing body" means a group of people with the ultimate responsibility for and authority over the operation of an agency, for example, a board of directors.
"Guardian" means a person appointed by a court of appropriate jurisdiction.
"Guardian ad litem" or "GAL" means a person appointed by the court to represent the best interests of a child whether or not that reflects the child's wishes. This person shall be a party to child welfare proceedings. The GAL is charged with obtaining a clear understanding of the situation and child's needs and making recommendations to the court as to what is in the child's best interests.
"Health care provider" means a professional certified by the appropriate licensing body who practices medicine with or without supervision. The most common types of health care providers include physicians, advance practice nurses or nurse practitioners, and physician assistants.
"Hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action. The licensee or applicant may provide evidence to dispute the action.
"Home study" means an assessment of a foster or adoptive parent applicant, household members, and the applicant's home to determine suitability as a foster or adoptive parent. The agency must update a home study at least yearly and whenever a significant change occurs in the household.
"Home study update" or "addendum" means at least an annual review of a home study to ensure all information is accurate and updated. When a significant change occurs or new information is provided, the agency must update the home study.
"Household member" means a person living in a home with a foster or adoptive parent applicant or approved foster or adoptive parent for more than 30 days within a year.
"Infant" means a child less than one year old.
"International adoption" means the adoption of a child who resides in another country or resides in the United States and is being adopted by a person from another country.
"License" means a document issued by OCCL allowing a person to operate an agency after demonstrating compliance with these regulations and other applicable codes, regulations, laws, treaties, and agreements.
"Licensee" means a person or entity legally responsible for a licensed agency.
"Licensure" means OCCL issued a license after the applicant showed compliance with these regulations.
"Medical care" means a child's medical, dental, or behavioral health care, including treatment, prescribed medication, and immunization. Behavioral health includes mental and chemical dependency care.
"OCCL's administrator" means a staff member responsible for the supervision and administration of OCCL.
"Office of Child Care Licensing" or "OCCL" means the agency within the department authorized under 14 Del.C. §§3001A-3005A to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Parent" means a birth or adoptive mother or father, a guardian, or a person named in a sworn statement or consent who has responsibility for or legal custody of a child.
"Personal belongings" means items, including clothing, toys, photos, or mementos brought with a foster child into the foster or adoptive home or accumulated by the child during placement.
"Post-finalization services" means services provided after an adoption is completed.
"Post-placement services" means services provided after a child is placed for adoption or before the adoption is completed.
"Pre-adoptive" means a child is placed but the adoption is not final.
"Preschool-age child" means a child age three through five not yet attending kindergarten. If a child is older than age five and not attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.
"Probation" means an enforcement action initiated by OCCL because of non-compliance with these regulations.
"Provisional license" means a license issued for a maximum period of three months when the licensee is temporarily unable to comply with these regulations. There can be no serious risk to the health, safety, and well-being of an agency's client. The licensee operates under a corrective action plan. An extension beyond this time requires the OCCL administrator’s approval.
"Regulation" means a minimum standard required for a specific part of child welfare established by OCCL and known as DELACARE: Regulations for Child Placing Agencies.
"Respite care" means alternate care provided for 14 days or less for a foster child placed by an agency.
"Revocation" means the process of rescinding a license during the license's effective dates and withdrawing permission to operate.
"School-age child" means a child who attends or has attended kindergarten or a higher grade.
"Secretary" means the Secretary of the Department of Education.
"Service plan" means a comprehensive action plan for the child and his or her family developed by the agency in cooperation with the child, biological family, foster parents, and referral source to establish specific goals and objectives, and deadlines for meeting these goals and objectives. The plan is based on the child's age, functioning level, perception of time, and on the family's ability to understand and participate.
"Special needs" means a diagnosed physical disability, chronic disease requiring medical attention, or mental, educational, or emotional condition requiring treatment or accommodations.
"Staff member" means an agency employee, contractor, or volunteer working more than five days or 40 hours a year. A foster parent is not considered a staff member.
"Suspension order" means a letter sent by OCCL informing the licensee to stop providing services as of a specific date. While the license is suspended, the licensee cannot provide services.
"Toddler" means a child over 12 months old and under 36 months old.
"Training" means an organized learning activity designed to develop or improve the abilities of a staff member or a foster or adoptive parent to provide services to children.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of an agency's client.
"Volunteer" means a person who provides an unpaid service or support to an agency.
"Warning of probation" means an enforcement action initiated by OCCL because of non-compliance with these regulations.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
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- *23 DE Reg. 233 (09/01/19)*
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- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-5.0** Child Placing Agency Licensure {#sec-936-5.0 omnilex-key=us-de-regs-official--title-14--936-5.0}
A person, agency, corporation, partnership, or entity shall not operate or provide foster care or adoption services as defined in these regulations unless OCCL issues a child placing agency license to do so. Anyone who operates a child placing agency without a license violates 14 Del.C. §§3001A-3005A, The Delaware Child Care Act, and shall be fined not more than $100 or imprisoned not more than three months, or both.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-6.0** Authority to Inspect {#sec-936-6.0 omnilex-key=us-de-regs-official--title-14--936-6.0}
6.1 The licensee shall allow access to the agency during the hours of operation to OCCL officials and other local, state, federal, and international officials with responsibility for monitoring, approving, or authorizing services. The agency must also grant access to officials who provide payment for the services provided by the agency.
6.2 The licensee shall cooperate with requests by these officials and allow for an announced or unannounced inspection of the agency. The licensee shall grant access to information, files, and records for the purposes of determining compliance or investigating complaints of suspected abuse and neglect, or non-compliance with applicable provisions of these regulations and other applicable codes, regulations, laws, treaties, and agreements.
6.3 The licensee shall allow and not prevent the interviewing of himself or herself; a staff member; a child client; or the child's birth, foster, or adoptive parent by officials from OCCL or other State and local agencies. Interviews will occur to determine compliance with these regulations and other applicable codes, regulations, or laws.
6.4 The licensee may request a conference to dispute citations of regulation non-compliance. These citations may have occurred during a compliance review, complaint investigation, or monitoring visit.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-7.0** License Requirements {#sec-936-7.0 omnilex-key=us-de-regs-official--title-14--936-7.0}
7.1 A license remains the property of OCCL and is not transferable or subject to sale.
7.2 A licensee shall post the license where it is visible to the public.
7.3 When an agency is sold, closes, relocates, or when the license has been suspended or revoked, the license immediately becomes not valid.
7.4 A separate application must be made for each agency’s address. A separate license is not required for an agency that operates in two or more buildings at the same address.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-8.0** Procedures for Initial Licensure {#sec-936-8.0 omnilex-key=us-de-regs-official--title-14--936-8.0}
8.1 An applicant shall complete the following steps for OCCL to issue a license:
8.1.1 Contact OCCL to set up a meeting to receive information on DELACARE: Regulations for Child Placing Agencies and the licensure process;
8.1.2 Submit a completed application (see Appendix I) to OCCL, which includes:
8.1.2.1 Applicant's name, address, email, and phone numbers;
8.1.2.2 Applicant's references: for corporations, contact information for officers; for LLCs, contact information for managing member; for public and private schools, contact information for the superintendent or equivalent officer;
8.1.2.3 Previous licensure information, if applicable;
8.1.2.4 Program information (including ages of children to be served);
8.1.2.5 Staffing information (including names of proposed employees); and
8.1.2.6 Certifications that include:
8.1.2.6.1 Agreement to comply with federal and State laws and regulations;
8.1.2.6.2 Statement that information supplied is true and correct; and
8.1.2.6.3 Acknowledgment that OCCL is required to make a thorough investigation of the applicant.
8.1.3 Submit the following documents to OCCL:
8.1.3.1 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references;
8.1.3.2 Business plan;
8.1.3.3 Zoning approval;
8.1.3.4 State business license unless the agency is a non-profit;
8.1.3.5 Fingerprinted background check receipt;
8.1.3.6 Lease or deed for office space in Delaware;
8.1.3.7 Policy and procedures manuals for staff and clients;
8.1.3.8 Qualifications of chief administrator and other required staff members;
8.1.3.9 Documents showing authority to operate; and
8.1.3.9.1 An applicant of a privately owned agency shall provide documents identifying the name and address of the owner.
8.1.3.9.2 An applicant shall provide the name and address of each officer and director for a corporation, partnership, or association.
8.1.3.9.3 An applicant shall provide, when applicable, a charter, partnership agreement, constitution, articles of association, and by-laws.
8.1.3.10 Certificate of liability insurance due by pre-licensing visit.
8.1.4 Demonstrate to the satisfaction of OCCL that the agency complies with these regulations and other applicable codes, regulations, laws, treaties, and agreements.
8.2 Upon receipt of the completed application and required information, a licensing specialist will:
8.2.1 Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations;
8.2.2 Make a recommendation for licensure. If a license is granted, it will be a six-month initial provisional license; and
8.2.3 Notify the applicant as stated in subsection 12.4 if an initial provisional license to operate is denied.
8.3 A licensing specialist shall conduct a compliance review at the agency before the expiration of the initial provisional license. Once this review is completed, OCCL will issue a provisional or annual license depending upon whether full compliance is obtained. This license will be valid for six months.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-9.0** License Renewal {#sec-936-9.0 omnilex-key=us-de-regs-official--title-14--936-9.0}
9.1 A licensee shall submit a completed license renewal application (see Appendix II) to OCCL at least 60 days before the current license that includes the following:
9.1.1 Completed Title VI Assurance of Compliance form;
9.1.2 Copy of annual audit, including sources of funding; and
9.1.3 A copy of the current State business license.
9.2 Applications received less than 60 days before the license expiration will be cited as late on the compliance review.
9.3 When a licensee submits an application on time, the existing license will not expire until OCCL makes a decision on the renewal application.
9.4 When a licensee submits an application after the license expires, if approved, the new license will start the date OCCL received the application.
9.5 A licensing specialist or licensing supervisor shall verify during an announced annual compliance review that the licensee complies with these regulations by reviewing files, policy manuals, and other relevant documentation.
9.5.1 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.
9.5.2 Within five business days of the citation, a licensee may request a conference with a licensing supervisor to dispute citations. A licensee may provide evidence that the facility was wrongly cited.
9.6 OCCL will issue one of the following types of licenses:
9.6.1 An annual license for 12 months when the licensee is in full compliance with the regulations;
9.6.2 A provisional license when the licensee is unable to achieve full compliance before the current license expires and the licensee agrees to comply with the corrective action plan; or
9.6.3 A license extension when compliance has not been determined through no fault of the licensee.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-10.0** Regulation Variance {#sec-936-10.0 omnilex-key=us-de-regs-official--title-14--936-10.0}
The licensee must comply with all regulations unless the licensee requests a variance from OCCL and receives approval. The written variance request must describe how the licensee will meet the intent of a specific regulation in a way that is different from the way the regulation states. The change shall not endanger the health, safety, or well-being of agency children or clients. The licensee shall keep the variance approval and make it available on request. A variance is valid only for this licensee. If the licensee fails to comply with the variance, OCCL shall cancel the variance and require the site to comply as the regulation states.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-11.0** Complaints {#sec-936-11.0 omnilex-key=us-de-regs-official--title-14--936-11.0}
11.1 OCCL shall conduct an investigation when a complaint is received regarding a possible violation of these regulations by the agency.
11.2 OCCL shall notify the licensee or a staff member that a complaint is being investigated.
11.3 OCCL shall report the results of the investigation in writing.
11.4 If the complaint is substantiated or if other violations are found during the investigation, a licensee shall correct the violations and come into compliance with these regulations.
11.4.1 Within five business days of receiving the complaint investigation report, a licensee may request a conference with a licensing supervisor to dispute citations or findings.
11.4.2 A licensee may provide evidence that the facility was wrongly cited.
11.5 Complaints relating specifically to laws, rules, or regulations of other governmental entities including but not limited to the Americans with Disabilities Act and Delaware Equal Accommodations Law will be referred to the appropriate entity charged with enforcement authority for investigation. OCCL shall assist the complaining party with the referral process or make the referral itself, as appropriate. OCCL shall request a report of the findings at the conclusion of the investigation. These findings may be used as the basis for an OCCL enforcement action.
11.6 An investigation by the Department of Services for Children, Youth, and Their Families' Institutional Abuse Unit will be made if a complaint is received regarding the abuse or neglect of a child at the foster home as defined in 10 Del.C. §901.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-12.0** Enforcement Actions {#sec-936-12.0 omnilex-key=us-de-regs-official--title-14--936-12.0}
12.1 To maintain licensure, a licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan and possibly an enforcement action.
12.1.1 An enforcement action, such as warning of probation, probation, suspension, revocation, or denial of a license application, may be initiated by OCCL when a licensee fails to comply with a corrective action plan or agreement of understanding, or has been cited for serious non-compliance.
12.1.2 A licensee may appeal an enforcement action by requesting a hearing within 10 business days of notification of OCCL's decision to impose the action.
12.1.2.1 This appeal request may be written or verbal for warning of probation or probation. All other appeal requests must be provided by the applicant or licensee in writing.
12.1.2.2 A licensee may provide evidence that the facility was wrongly cited.
12.2 License Suspension
12.2.1 OCCL may immediately suspend a license if the health, safety, or well-being of children receiving services is in serious or imminent danger.
12.2.1.1 A suspension order may be verbal or written and the licensee shall stop providing services.
12.2.1.2 OCCL will hand-deliver written follow-up to a verbal suspension order by 9 AM the following business day.
12.2.1.3 A written suspension order shall state the reason or reasons for the enforcement action.
12.2.2 Within 10 business days after the issuance of the written order, the licensee must choose to close permanently, remain suspended until the licensee corrects the reason for the suspension, or remain suspended and request a hearing.
12.2.3 The hearing shall be scheduled and held within 10 business days of the licensee's request for a hearing.
12.2.3.1 The associate secretary of early childhood support will assign a hearing officer with no previous involvement in the matter.
12.2.3.2 The hearing officer may allow delays only for good cause.
12.2.3.3 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision.
12.2.3.4 The licensee will be notified in writing of the decision of the secretary. The decision will become final 10 business days after it is mailed or delivered to the licensee.
12.2.4 A licensee dissatisfied with the department's decision for suspension may file an appeal within 30 business days after the mailing or delivery of the decision notice.
12.2.4.1 A licensee appeals to the Delaware Superior Court in the county where the agency is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
12.2.4.2 A licensee shall supply a copy of the appeal to the department.
12.2.4.3 The licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
12.2.4.4 The final decision of the secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
12.3 Warning of Probation or Probation
12.3.1 OCCL may place an agency on warning of probation or probation when serious non-compliance is cited.
12.3.1.1 OCCL shall notify the licensee in writing of the reasons it intends to place the agency on warning of probation or probation.
12.3.1.2 This letter will describe how a licensee may appeal the decision by requesting a hearing to present information that the cited violations are not valid.
12.3.2 Within 10 business days of receiving the written notice, the licensee shall request a hearing or accept the enforcement action.
12.3.3 A hearing must be held within 30 calendar days of the hearing request.
12.3.3.1 The department will assign a hearing officer with no previous involvement in the matter.
12.3.3.2 A hearing officer may allow delays in the hearing only for good cause.
12.3.4 After a hearing officer makes a recommendation regarding probation, the associate secretary of early childhood support determines whether to adopt the recommendation and makes a final decision. After a hearing officer makes a recommendation regarding warning of probation, OCCL's administrator determines whether to adopt the recommendation and makes a final decision. OCCL shall notify the licensee in writing of the decision.
12.3.5 A licensing specialist shall conduct unannounced visits during the enforcement period to ensure compliance with these regulations is maintained.
12.3.5.1 The findings will be reported to the licensee in writing.
12.3.5.2 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.
12.3.5.2.1 Within five business days of the citation, a licensee may request a conference with a licensing supervisor to dispute citations.
12.3.5.2.2 A licensee may provide evidence that the facility was wrongly cited.
12.3.6 Failure to comply with licensing regulations while on warning of probation or probation may result in having the enforcement action extended or heightened.
12.3.7 A licensee may not receive a new license at an additional site while on an enforcement action or when issued a notice regarding OCCL's intent to place the agency on an enforcement action.
12.4 Denial of a License Application or Revocation
12.4.1 OCCL may deny a license application or revoke a license for good cause, including but not limited to the following:
12.4.1.1 Failure to comply with applicable provisions of federal, State, or local laws or these regulations;
12.4.1.2 Violation of the terms or conditions of its license;
12.4.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the agency;
12.4.1.4 Refusal to furnish OCCL with files, reports, or records as required by law;
12.4.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the agency during operating hours;
12.4.1.6 Engaging in any activity, policy, practice, or conduct by the licensee or staff member that adversely affects or is deemed by OCCL to be detrimental to the education, health, safety, or well-being of children; or
12.4.1.7 Conduct that otherwise demonstrates unfitness by the licensee to operate an agency.
12.4.2 OCCL shall notify the applicant or licensee in writing of the reasons it intends to deny a license application or revoke a license. This letter will describe how an applicant or licensee may appeal the decision by requesting a hearing to present information that the cited violations or reasons for the denial are not valid.
12.4.2.1 Within 10 business days of receiving the written notice, the applicant or licensee shall request a hearing in writing or accept the denial or revocation and close within the time stated in the notice.
12.4.2.2 If an applicant or licensee does not make a timely request for a hearing as stated in subsection 12.4.2.1, the denial or revocation will take effect 30 business days after receiving the written notice from OCCL.
12.4.3 A hearing will be held within 30 calendar days of the hearing request.
12.4.3.1 The department will assign a hearing officer with no previous involvement in the matter.
12.4.3.2 A hearing officer may allow delays in the hearing only for good cause.
12.4.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.
12.4.5 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision. The applicant or licensee will be notified in writing of the decision. The decision will become final 10 business days after it is mailed or delivered to the applicant or licensee.
12.4.6 An applicant or licensee who is dissatisfied with the department's decision regarding revocation or denial may file an appeal within 30 business days after the mailing or delivery of the decision notice.
12.4.6.1 The applicant or licensee appeals to the Delaware Superior Court in the county where the agency is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
12.4.6.2 The applicant or licensee shall supply a copy of the appeal to the department.
12.4.6.3 The applicant or licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
12.4.6.4 The final decision of the secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
ADMINISTRATION AND ORGANIZATION
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-13.0** Notification to OCCL {#sec-936-13.0 omnilex-key=us-de-regs-official--title-14--936-13.0}
13.1 The licensee shall immediately call OCCL and speak to someone Monday-Friday between 8:00 AM and 4:30 PM if a child dies or attempts suicide while a client of an agency. Leaving a message is not acceptable. If the death or suicide attempt occurs after business hours, the licensee shall immediately call the 24-Hour Child Abuse Report Line, currently 1-800-292-9582.
13.2 The licensee shall call OCCL and speak to someone within one business day during business hours (leaving a message is not acceptable) and follow this call with the division's reportable event report within three business days when any of the following things happen:
13.2.1 A fire, flood, or other disaster causes damage so the agency is unable to operate safely;
13.2.2 Suspected abuse or neglect of a child while a client (after reporting the suspicion to the 24-Hour Child Abuse Report Line);
13.2.3 Suspected child abuse or neglect being investigated by the Department of Services for Children, Youth, and Their Families or law enforcement involving the licensee or a staff member;
13.2.4 Known new charges, arrests, or convictions of the licensee or staff member;
13.2.5 A child is abducted; or
13.2.6 Suspension or loss of a license to provide services for children in another state or country.
13.3 The licensee shall submit a reportable event report to the division within three business days when a child client is absent without permission, runs away, has a serious injury or illness that needs medical/dental treatment, or is involved with law enforcement.
13.4 The licensee shall ensure OCCL is notified within five business days when the chief administrator resigns, is dismissed, or is hired.
13.5 The licensee shall ensure OCCL is notified within one business day when the agency’s phone number changes.
13.6 The licensee shall ensure OCCL is notified in writing at least 60 days before the agency's address, name, ownership, or type of regulated service offered changes. The licensee shall also ensure OCCL is notified within 60 days when the agency plans on closing.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-14.0** Governing Body {#sec-936-14.0 omnilex-key=us-de-regs-official--title-14--936-14.0}
14.1 A licensee shall have an identifiable owner and functioning governing body with responsibility for and authority over the operation of an agency.
14.1.1 A corporation, partnership or association shall have, when applicable, documents identifying governing body members and officers, their addresses, and their terms of membership.
14.1.2 When a governing body consists of more than three people, a meeting of the governing body shall be held at least twice a year.
14.1.3 A licensee shall keep minutes of each meeting for at least three years.
14.2 A licensee shall ensure a governing body of an agency performs the following duties:
14.2.1 Requires agency's compliance with the agency's charter;
14.2.2 Requires agency's compliance with these regulations, and applicable local, State, federal, and international codes, regulations, laws, treaties, and agreements governing the operation of an agency;
14.2.3 Requires that an agency is adequately funded and fiscally sound;
14.2.4 Reviews and approves an agency's annual budget and program;
14.2.5 Appoints a chief administrator of an agency, provides a job description, including the position's responsibilities, and gives sufficient authority to this person to manage the agency;
14.2.6 Completes an annual evaluation of a chief administrator based on a job description and standards of performance; and
14.2.7 Meets with an OCCL representative whenever required to do so.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-15.0** Program, Location, and Records {#sec-936-15.0 omnilex-key=us-de-regs-official--title-14--936-15.0}
15.1 A licensee shall have a description of an agency's philosophy, purpose, and program. This description shall outline services provided by an agency and each method of service delivery. This description shall be available to referral sources and the public upon request.
15.2 A licensee shall have a permanently staffed office in Delaware. The office shall have space and equipment necessary to provide the services listed in an agency's program description and to ensure privacy during a client interview.
15.3 A licensee shall have a working phone at each agency location and a publicly listed phone number.
15.4 A licensee shall annually develop and implement a financial plan to ensure the program and services continue, the children receive proper care, and the agency complies with these regulations.
15.5 A licensee shall obtain an annual audit of all financial accounts. A privately operated agency shall have an audit conducted by an independent certified public accountant. A government-operated agency shall have an audit conducted as required by statute.
15.6 A licensee shall keep records as property of an agency.
15.7 A licensee shall keep current or active client records in Delaware.
15.8 A licensee shall maintain each record in a consistent order and layout to help authorized staff members locate information.
15.9 A licensee shall maintain the confidentially of each client's case record. A licensee shall document that each staff member and volunteer with access to client information must keep the client's information private.
15.10 A licensee shall not release a child's information without the voluntary written consent of a birth parent or guardian or court order, except to the child, his or her birth parent or guardian, their respective legal counsel, or an authorized public official in the performance of mandated duties. A licensee shall be able to release information necessary for the purpose of adoption and foster care planning, recruitment, post-placement, and post-finalization services.
15.11 Upon request, a licensee shall make available information in a child's case record to the child, his or her birth parent or guardian, and their respective legal counsel when the requested information does not contain material that violates the privacy rights of another person or the material should be withheld according to other laws or by court order.
15.11.1 A licensee may withhold information from a child or a birth parent or guardian when the information is considered, in the opinion of an authorized and informed professional, potentially damaging to the child.
15.11.2 A licensee shall have a procedure for a child or a birth parent or guardian to appeal decisions to withhold information.
15.12 A licensee may use material from a case record after removing all identifying information for teaching or research purposes. A licensee may also use this material to develop the governing body's understanding and knowledge of the agency's services.
15.13 A licensee shall not intentionally use documents known to be false, make statements known to be false, or conceal facts in the process of placing a child.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-16.0** Policies and Procedures {#sec-936-16.0 omnilex-key=us-de-regs-official--title-14--936-16.0}
16.1 A licensee shall have a written policy for record security, maintenance, and disposal that addresses:
16.1.1 Assigning the responsibility of supervising record maintenance and custody;
16.1.2 Securing a record against loss, damage, tampering, accessibility, and unauthorized use;
16.1.3 Determining to whom a record may be released;
16.1.4 Determining what type of record or portion of a record may be destroyed and what must be kept permanently;
16.1.5 Creating a storage system for permanent records that ensures information is protected and kept according to the agency’s policies; and
16.1.6 Transferring and keeping records in the event the agency closes.
16.2 A licensee shall have a written policy regarding a child's involvement in fund raising and public relations activities. This policy shall protect a child's rights to privacy and dignity. A photo, videotape, film, or recording that reveals a child's identity shall not be used for research, fund raising, or public relations without the written consent of the child's birth parent or guardian and notification of the child's custodian and GAL/CASA.
16.3 A licensee shall have a written policy regarding a child's participation in research projects. The policy shall conform to the National Institute of Mental Health Standards on Protection of Human Subjects.
16.4 A licensee shall have a written policy, including a time frame for handling a foster or adoptive parent application, public inquiry, and request for service. This policy shall include a procedure for documenting:
16.4.1 Referrals to another agency when a person requires a service not provided by the agency;
16.4.2 Requests for service and reasons for acceptance or denial; and
16.4.3 Receipt of a foster or adoptive parent application and the disposition of the application.
16.5 A licensee shall ensure when a fee is charged, an agency has a clearly written policy describing the service fees, and describing when fees are charged, reduced, waived, or refunded. This policy shall be available to people receiving a service that has a fee and to the public upon request.
16.6 A licensee shall have written personnel policies and make them available to staff and to potential staff upon request.
16.7 A licensee shall have a written personnel policy governing an agency's approach to recruit, screen, hire, supervise, orient, train, evaluate, promote, and develop a staff member. The policy shall include a clear, written grievance procedure for a staff member. A licensee shall have written procedures for hiring, discipline, dismissal, suspension, and lay-off of a staff member according to applicable laws.
16.8 A licensee shall have a written appeal procedure for a client such as a child, a birth parent or guardian, an adoptive or foster parent applicant, or an approved foster or adoptive parent who wants to appeal a decision made by the agency. The agency shall provide this policy to a client as soon as service begins and ensure that:
16.8.1 A time frame is established for the appeal process;
16.8.2 A staff member who is not directly involved with a client and the decision being appealed gathers factual information from the client regarding the decision; and
16.8.3 The decision is reviewed at a higher administrative level than the original decision. This decision will be the final agency decision.
16.8.4 The written appeal process for decisions regarding a child awaiting adoption shall inform a birth parent and proposed adoptive parent of their right, pursuant to 13 Del.C. §905, to appeal to Family Court a final agency decision to refuse or terminate an adoptive placement.
16.9 A licensee shall ensure there is a written procedure describing a process for investigating a complaint against a foster or pre-adoptive parent.
16.10 A licensee shall develop, follow, and maintain on file a written policy and procedure including notifying the child abuse and neglect report line for handling an incident of suspected child abuse or neglect that occurs while a child is a client of an agency. The policy and procedure shall contain provisions specifying that:
16.10.1 A licensee shall report an incident to the division;
16.10.2 A licensee immediately shall take corrective action to protect a child from harm;
16.10.3 A licensee shall take long-term corrective action such as an internal evaluation to identify and eliminate factors or circumstances that may have caused or may have otherwise resulted in a continuing risk of abuse or neglect to a child;
16.10.4 A staff member alleged to have perpetrated an incident of child abuse or neglect shall be suspended or removed from having direct contact with any child, or shall be reassigned to other duties that do not involve contact with a child until the incident's investigation has been completed;
16.10.5 A licensee shall take disciplinary action against a staff member who committed an act of child abuse or neglect; and
16.10.6 A licensee shall conduct an evaluation of incidents overall and create a system for identifying serious/critical patterns occurring at an agency.
16.11 A licensee shall have a written policy that establishes and explains a maximum caseload requirement for a caseworker. The agency shall base the requirement on actual workload and shall consider:
16.11.1 Type of child, including special needs served by a caseworker;
16.11.2 Type of service to be provided;
16.11.3 Travel distance involved in providing the service; and
16.11.4 Other required caseworker duties or responsibilities.
16.12 A licensee shall establish a written procedure for ongoing staff communication strategies to ensure compliance with agency policies, procedures, and practices.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-17.0** Interstate Compact and Laws {#sec-936-17.0 omnilex-key=us-de-regs-official--title-14--936-17.0}
17.1 A licensee shall comply with the terms of the Interstate Compact for Juveniles, Interstate Compact on the Placement of Children (ICPC), and Interstate Compact on Adoption and Medical Assistance when accepting a child for placement who resides in another state or placing a child in another state.
17.2 A licensee shall comply with the Delaware Mixing Law, 10 Del.C. §1009(j) when accepting a child for placement in a foster home.
17.3 A licensee participating in an international adoption shall abide by applicable local, State, federal, and international codes, regulations, laws, treaties, and agreements, including the Hague Convention.
17.4 A licensee shall ensure when ICPC services are terminated because an adoption is finalized; the child reaches 18 or becomes self-supporting; or the child dies, is discharged from custody, or leaves the state, a short summary explaining the reason for termination shall be sent to the Interstate Office by the caseworker.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-18.0** Complaints against a Foster or Pre-Adoptive Parent {#sec-936-18.0 omnilex-key=us-de-regs-official--title-14--936-18.0}
18.1 A licensee shall ensure that a chief administrator is informed of the receipt and the nature of a complaint and that the degree of risk to a child is immediately determined. A staff member shall immediately contact the 24-Hour Child Abuse Report Line when receiving a complaint regarding suspected child abuse or neglect.
18.2 A licensee shall ensure staff members use the following time frames when investigating a complaint:
18.2.1 Begin an investigation and notify a foster or pre-adoptive parent of a complaint by making an unannounced visit to the foster or adoptive home no later than one business day if an allegation poses an immediate threat to the child's health, safety, or well-being;
18.2.2 Contact the Division of Public Health (DPH) within one business day if an allegation involves a serious environmental hazard;
18.2.3 Contact the State Fire Marshal's Office within one business day if an allegation involves fire safety;
18.2.4 Begin an investigation no later than five business days if an allegation poses a potential threat to the child's health, safety, or well-being;
18.2.5 Contact the division's foster care administrator within five business days if an allegation involves contracted foster care; and
18.2.6 Contact the division's adoption administrator within five business days if an allegation involves a pre-adoptive home.
18.3 A licensee shall ensure staff members use the following steps to investigate a complaint:
18.3.1 Provide an opportunity in a private setting for a foster or pre-adoptive parent or child to respond to an allegation;
18.3.2 Record all information and findings received in the course of an investigation;
18.3.3 Make contact as necessary to gain appropriate information for an investigation;
18.3.4 Report to a foster or pre-adoptive parent that a complaint investigation report will serve as the method for conveying an official finding of an investigation;
18.3.4.1 Create a complaint investigation report using a format provided by OCCL that documents a complaint investigation finding and a corrective action plan, if applicable. The report shall contain:
18.3.4.1.1 Coded name of a foster or pre-adoptive parent and his or her complete home address;
18.3.4.1.2 Summary of a complaint allegation;
18.3.4.1.3 Regulations allegedly in non-compliance;
18.3.4.1.4 Methods used in conducting a complaint investigation, including dates and persons interviewed;
18.3.4.1.5 A description of any finding, including the child's condition in a foster or pre-adoptive home;
18.3.4.1.6 Conclusion and a corrective action plan, if applicable; and
18.3.4.1.7 Signature of the investigating staff member, date of completion, and reviewed and initialed by the staff member's supervisor or chief administrator.
18.3.4.2 Create a coding system to protect the name of reporter, witness, birth parent, guardian, foster or pre-adoptive parent, and a child from disclosure. The coding sheet shall be for the agency's use and shall only be released by order of appropriate legal authority or by appropriate written consent.
18.4 A licensee shall ensure an agency completes a complaint investigation report no later than 30 business days from the date of receipt and ensures the following:
18.4.1 A copy of a report is emailed to the appropriate division designee, currently the Foster Care Administrator, with a copy sent to DSCYF_FC-Reportable Events mailbox, and the assigned licensing specialist;
18.4.2 The division designee, currently the Foster Care Administrator, approves the report and corrective action plan, if applicable, and the investigating staff member's supervisor or chief administrator reviews this approval;
18.4.3 Notification stating the findings of founded or unfounded is mailed to the foster or pre-adoptive parent;
18.4.4 A filing system is created and maintained for completed reports; and
18.4.5 If applicable, the agency monitors the foster or pre-adoptive parent for compliance with the corrective action plan stated in a report.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-19.0** General Qualifications of Staff Members {#sec-936-19.0 omnilex-key=us-de-regs-official--title-14--936-19.0}
19.1 When known, the licensee shall not employ or keep in any capacity any person with direct access to children whose child or children are currently removed from his or her custody because of abuse, neglect, or dependency. A person who has given up or otherwise lost custody of his or her children for reasons other than abuse, neglect, or dependency shall present documentation to OCCL regarding the circumstances of this event, so OCCL can determine whether this individual can work at the agency.
19.2 The licensee shall not employ or keep in any capacity any person convicted of any offense defined as child sexual abuse in 11 Del.C. §8550.
19.3 The licensee shall ensure a staff member, volunteer, or student intern is not alone with children until the Criminal History Unit in the Department of Services for Children, Youth and Their Families completes the results of all background checks, determines eligibility, and approves the staff member.
19.4 The licensee shall ensure a staff member provides documentation from a health care provider for the follow-up of known health conditions that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children.
19.5 The licensee shall ensure a staff member diagnosed or treated for a mental illness that might create a significant risk of harm to children does not work with children until the staff member provides documentation from a health care provider stating children are not at significant risk of harm and whether any reasonable accommodations are required. The licensee shall provide to OCCL a copy of the health care provider documentation.
19.6 A licensee shall not employ or retain in any capacity any person with direct access to children receiving care or provide services directly to a child or children if:
19.6.1 Convicted of a prohibited offense, for the time indicated in 31 Del.C. §309;
19.6.2 Determined ineligible under the DELACARE Regulations - Background Checks for Child Serving Entities; or
19.6.3 Active on the Delaware Child Protection Registry for a Level III or Level IV substantiation.
19.7 In cases where a person is determined ineligible or prohibited under the DELACARE Regulations-Background Checks for Child Serving Entities, the person is entitled to an administrative review for reconsideration. The licensee and the person shall be bound by the final decision of the administrative review, which is made by the person conducting the review.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-20.0** Personnel and Long-Term Volunteer Files {#sec-936-20.0 omnilex-key=us-de-regs-official--title-14--936-20.0}
20.1 A licensee shall have a personnel file for each staff member and any volunteer working more than five days or 40 hours a year. This file must be either paper or electronic and available upon request. Except as noted, all file contents are required at the start of employment or volunteering and shall include the following:
20.1.1 Completed application or résumé containing the person's name, date of birth, home address, and phone number;
20.1.2 Work or volunteer start date, and end date, if applicable;
20.1.3 Two references from adults not related to the person who can verify the person is of good character, and respects and understands the needs of children and their families. These references can be letters or written notes gathered by calling the reference. Phone references require the reference's name, phone number, date called, information about the staff member's character and if the reference has knowledge about how the person works with children and families, and the name of person receiving the reference;
20.1.4 Release of employment history form and received Service Letters, or documentation showing requests and follow-up for Service Letters has been made. If the staff member has not worked or if unable to get at least one completed service letter, two additional reference letters or phone references are required;
20.1.5 Proof of qualifications, education, and applicable professional credential/certification;
20.1.6 Health appraisal on file within the first 30 days of employment or volunteering, conducted within one year before the start date. The appraisal shall confirm the individual’s health and document medical or physical conditions that may limit the person’s ability to perform child care or have direct access to children and any reasonable accommodations that may be required;
20.1.7 TB test or medical professional risk assessment on file within the first 30 days of employment or volunteering conducted within one year before the start date, with further testing if a health care professional has concerns regarding the staff member's health or according to DPH's website;
20.1.8 A statement signed by the person stating his or her status regarding all previous convictions; current indictment or involvement in criminal activity involving violence against a person; child abuse or neglect; possession, sale, or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; serious violations of accepted standards of honesty or ethical behavior; or a case of child abuse or neglect substantiated by the Department of Services for Children, Youth, and Their Families or the respective responsible entity in another state or country;
20.1.9 Documentation of a fingerprinted background check appointment conducted before the start of employment/volunteering. A person shall have no unsupervised contact with a child until the agency receives the eligibility determination notice;
20.1.10 Adult abuse registry check through the Division of Health and Social Services website, currently http://dhss.delaware.gov/dhss/dltcrp/default.aspx;
20.1.11 Documentation acknowledging the person is aware that the use of alcohol or a drug that could negatively affect essential job functions; unlawful possession, manufacture, or distribution of alcohol or drugs; or possession while working of a controlled substance other than by the person for whom it was prescribed is prohibited;
20.1.12 Documentation informing the person of the child abuse and neglect mandated reporting law and reporting procedures;
20.1.13 Documentation of the receipt of an agency's policy manual, including verification of client and agency confidentiality policies;
20.1.14 If transporting children, a copy of the current driver's license and proof of vehicle insurance;
20.1.15 Copy of job description;
20.1.16 Orientation form that includes documentation of an orientation completed during the first 30 days of employment that focuses on the person's job duties and the agency's policies. This orientation must include an opportunity to ask questions and receive clarification. The topics shall include:
20.1.16.1 Information on other federal or State laws or regulations applicable to children and families who are clients of the agency, including non-discrimination;
20.1.16.2 Child abuse and neglect laws and reporting requirements and the agency's procedures to report abuse and neglect;
20.1.16.3 Applicable licensing regulations and the location of the regulations at the agency for review; and
20.1.16.4 Procedures for complaint investigation;
20.1.17 Record of annual training hours, including certificates and transcripts, if applicable; and
20.1.18 Annual performance evaluation signed and dated by the staff and supervisor.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-21.0** Child Abuse and Neglect Reporting Requirements {#sec-936-21.0 omnilex-key=us-de-regs-official--title-14--936-21.0}
21.1 A licensee shall inform a staff member of his or her legal responsibility to report any suspected or alleged incident of child abuse or neglect to the division using the 24-Hour Child Abuse Report Line, currently 1-800-292-9582, and shall fully cooperate in an investigation.
21.2 When making a report, the licensee or staff person shall also share the names and contact information for every person who has information regarding the incident. The division may contact the reporter or others with knowledge of the situation to provide additional information. In addition to an oral report, a reportable event summary form shall be emailed or faxed to the Report Line within 72 hours.
21.3 Staff may not interview or probe a child to obtain details about the alleged abuse or neglect. A staff member may question the child only to gain basic information needed to make a report. Staff shall follow the investigating agency's protocols regarding informing the alleged child victim's birth parent or guardian that a report has been made or that the division or law enforcement officer is conducting an investigation of an allegation of child abuse or neglect.
21.4 A licensee shall not discourage, inhibit, penalize, or otherwise impede any staff member from reporting a suspected or alleged incident of child abuse or neglect.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-22.0** Staff Member Qualifications {#sec-936-22.0 omnilex-key=us-de-regs-official--title-14--936-22.0}
22.1 A licensee shall have evidence that a person providing a service directly to a child is qualified, supervised, certified, or licensed as appropriate to the service provided.
22.2 A licensee shall employ a chief administrator, caseworker supervisor, and caseworkers. A chief administrator may also serve as a caseworker supervisor.
22.3 An agency shall employ or contract a sufficient number of qualified staff members to meet an agency's maximum caseload requirement.
22.4 A licensee shall employ a chief administrator who has the following qualifications:
22.4.1 At least a master's degree from an accredited program in social work or the related human services fields of child welfare, counseling, psychology, child psychology, family studies, or sociology and at least two years post-graduate experience in human services or child welfare with at least one year in administration; or
22.4.2 At least a bachelor's degree from an accredited program in social work or the related human services fields of child welfare, counseling, psychology, child psychology, family studies, or sociology; and at least six years post-degree experience in human services or child welfare with at least two years in administration.
22.5 Unless the chief administrator also serves as the caseworker supervisor, a licensee shall employ a caseworker supervisor who has the following qualifications:
22.5.1 At least a master's degree from an accredited college/university in social work or the related human services fields of child welfare, counseling, psychology, child psychology, family studies or sociology; and at least one year of post-graduate experience in child welfare or two years of experience in child welfare; or
22.5.2 At least a bachelor's degree from an accredited program in social work or the related human services fields of child welfare, counseling, psychology, child psychology, family studies, or sociology; and at least two years post-degree experience or four years of experience in child welfare.
22.6 A licensee shall employ and ensure caseworkers have at least a bachelor's degree from an accredited college/university in social work or the related human services fields of child welfare, counseling, psychology, child psychology, family studies, or sociology.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-23.0** Annual Training {#sec-936-23.0 omnilex-key=us-de-regs-official--title-14--936-23.0}
23.1 A licensee shall document that the chief administrator, caseworker supervisors, and caseworkers receive 24 hours of training annually from date of hire, excluding orientation training and an agency's philosophy, policies, and procedures.
23.1.1 A caseworker supervisor or caseworker working less than 30 hours per week shall be required to receive 12 hours annually from date of hire, excluding orientation and training regarding an agency's philosophy, policies, and procedures.
23.1.2 In-service training provided by a staff member, a webinar, on-line training, a college/university credit course, a continuing education unit or CEU, a conference, a seminar, and a workshop within topic areas essential to working with a child and his or her foster, adoptive or birth family and improving job performance shall be acceptable for annual training.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-24.0** Short-Term Volunteers {#sec-936-24.0 omnilex-key=us-de-regs-official--title-14--936-24.0}
24.1 A licensee that uses short-term volunteers for fewer than five days or 40 hours a year shall have a written plan for the orientation, supervision, and use of this volunteer. The plan shall include different requirements for volunteers who have direct contact with a child and those who do not. A short-term volunteer shall:
24.1.1 Have qualifications that relate to tasks performed;
24.1.2 Be supervised by a staff member;
24.1.3 Be given a copy of the agency's policy on confidentiality; and
24.1.4 Be under direct observation of a staff member when having direct contact with a child.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-25.0** Student Field Placement/Internships {#sec-936-25.0 omnilex-key=us-de-regs-official--title-14--936-25.0}
25.1 A licensee that accepts a student for field placement or internship with an agency shall have a written plan describing tasks and functions assigned to a student. An agency shall provide a copy of this plan to the student and his or her school. This plan shall include:
25.1.1 The student's roles, duties, and any responsibilities;
25.1.2 A procedure for conducting a background check and adult abuse registry check on a student working more than five days or 40 hours a year;
25.1.3 A procedure for ensuring a staff member supervises and directly observes a student who has not had a background check and has direct access to children;
25.1.4 A procedure for evaluating the student's performance;
25.1.5 A description of the student's supervision by a paid staff member;
25.1.6 An arrangement for an orientation on the philosophy of an agency, confidentiality, child abuse and neglect reporting requirements, drug and alcohol prohibition, needs of children and families served, and methods of meeting those needs;
25.1.7 If transporting children, a copy of the driver’s license and proof of vehicle insurance; and
25.1.8 A statement that a student may have input into a child's or family's service plan with whom the student is working and to be informed of special needs or problems.
PART II FOSTER CARE
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-26.0** General Policies and Practices {#sec-936-26.0 omnilex-key=us-de-regs-official--title-14--936-26.0}
26.1 A licensee shall have a written placement policy for foster care that:
26.1.1 Matches a child and a foster parent to ensure the child's needs are met;
26.1.2 Addresses the needs of biological siblings to remain together;
26.1.3 Assures a child is placed in reasonable proximity to the child's birth parent/family/guardian's home according to the goals of a family service plan; and
26.1.4 Addresses the child's need to preserve his or her cultural, racial, and religious identities and that the foster parent is able to communicate with the child with or without the assistance of communication aids, non-verbal communication, or other accommodations.
26.2 A licensee shall have a signed and dated placement agreement outlining the rights and responsibilities of both the agency and a foster parent regarding the child's placement.
26.3 A licensee shall document the preparation for each child placed in foster care, re-placed, or returned home. Preparation shall be appropriate to a child's age, individual needs, reasons the placement was necessary, and any special concern presented.
26.4 A licensee shall maintain documentation of the agency's legal right to provide care for a child at the time of initial placement into foster care in the child's case record.
26.5 A licensee shall have a policy to ensure an agency and a foster parent use a child's legal name for documents and records such as, but not limited to, a service plan, child care registration, school registration, medical care paperwork, and any court record.
26.6 A licensee shall have a policy to ensure a foster parent is required to call a child by his or her legal name or familiar nickname.
26.7 A licensee shall have a policy to ensure that a foster parent is informed that using or calling a child by a different name is not acceptable until an adoption is finalized, unless written permission is granted by a child's birth parent or guardian and documented in the service plan.
26.8 A licensee shall have a written procedure for handling a medical emergency at all times. An agency shall provide a copy of the procedure to a foster parent.
26.9 A licensee shall have a procedure to ensure a foster parent is informed when a child's health appraisal was completed.
26.10 A licensee shall have a written procedure to ensure a child is notified of the death or serious illness of the child's birth parent or guardian and other known significant family member.
26.11 A licensee shall have a procedure to notify a child's birth parent or guardian within one day, of a serious injury or illness that required medical/dental treatment or any severe psychiatric episode involving the child.
26.12 A licensee shall have a procedure to immediately notify a child's birth parent or guardian and the Department of Services for Children, Youth and Their Families in the event of the child's death.
26.13 A licensee shall have a written policy to ensure a child is allowed to have any right, freedom, and responsibility that is typical for a child of the same age.
26.14 A licensee shall have a written policy to ensure that a caseworker and legal or court-appointed advocate are able to communicate with a child on a regular basis and as needed.
26.15 A licensee shall have a policy to ensure that a foster parent does not subject a child to abuse or neglect.
26.16 The licensee shall have a written policy on behavior management that encourages children to control their own behavior, cooperate with others, and solve problems by talking things out. Foster parents shall use the following techniques such as:
26.16.1 Recognize, praise, and encourage acceptable behavior;
26.16.2 Supervise with an attitude of understanding and firmness;
26.16.3 Give clear directions and provide guidance at the child's level of understanding;
26.16.4 Intervene quickly to ensure the safety of others;
26.16.5 Redirect children by suggesting other acceptable behaviors rather than use punishment;
26.16.6 Speak so children understand their feelings are acceptable, but the behavior is not; and
26.16.7 "Time-out", if used, shall be used in addition to other positive techniques to help the child gain control of behavior and feelings. "Time-out" shall be limited to brief periods of no more than one minute for each year of a child's age.
26.17 The written policy on behavior management shall prohibit the following acts:
26.17.1 Delegation of behavior management to someone other than a responsible adult known to a child;
26.17.2 Requiring a child to remain silent, locking a child in a room, isolating a child for a long period of time, or the inappropriate use of "time-out";
26.17.3 Roughly handling a child or physical punishment inflicted on a child's body, including but not limited to shaking, striking, plucking, hair-pulling, throwing, biting, pinching, slapping, hitting, kicking, or spanking;
26.17.4 Physical restraint of a child, without training and prior written approval of the child’s health care provider and the agency;
26.17.5 Requiring or forcing a child to take a painfully uncomfortable position, such as squatting or bending, or requiring or forcing a child to repeat a physical movement when used solely as a means of punishment;
26.17.6 Assignment of physically strenuous exercise or work solely as punishment;
26.17.7 Humiliating, frightening, or verbally, physically, or sexually abusing a child;
26.17.8 Extensive withholding of emotional response or stimulation;
26.17.9 Making negative comments about a child's looks, ability, ethnicity, family, or other personal traits;
26.17.10 Denying of an element of a service plan;
26.17.11 Threatening removal from a foster home;
26.17.12 Denying of a visit or communication privilege with a birth parent or guardian or other family member solely as a means of punishment;
26.17.13 Denying shelter, clothing, or bedding;
26.17.14 Denying of food, sleep, or toilet use as a consequence of inappropriate behavior; and
26.17.15 Punishing a child for a toileting accident or failing to fall asleep, to eat all or part of food, or to complete an activity.
26.18 A licensee shall have a written policy on a child's religious participation and education that states a foster parent shall:
26.18.1 Provide a child with a regular opportunity to practice his or her faith or denomination, such as enabling him or her to regularly participate in a religious activity such as a service, ceremony, rite, ritual, or receive a sacrament;
26.18.2 Seek written permission from a child's birth parent or guardian before having the child enroll in a religious or faith-based school or participate in a religious activity such as service, ceremony, rite, ritual, or receive a sacrament that is based on a different faith or denomination other than the one practiced by the child or his or her birth parent or guardian;
26.18.3 Not require or coerce a child into participating in a religious activity;
26.18.4 Not discipline, discriminate against, or deny a privilege to a child who chooses not to participate in a religious activity; and
26.18.5 Not reward a child as a means to influence his or her participation in a religious activity.
26.19 A licensee shall have and follow a written policy regarding foster children placed without extra clothing to ensure their needs are met.
26.20 A licensee shall have a written policy to provide an allowance for each child that is not dependent on the child completing chores. The agency shall provide the policy to a foster parent and require the parent to follow the policy. The policy shall address methods of paying and accounting for allowance.
26.21 At the time of initial inquiry, a licensee shall have a written policy on evaluating a foster care application. This policy shall be provided to an applicant and state:
26.21.1 An approach to involve an applicant in a self-evaluation of strengths and weaknesses;
26.21.2 Information will be requested from the division, other licensed Delaware child placing agencies, and OCCL as applicable, on a complete history of care provided and reason for discontinuing care;
26.21.3 Selection criteria for an applicant, including criteria an agency uses for rejection of an application;
26.21.4 How applications are processed, including a timeline for notifying an applicant of a decision regarding the application; and
26.21.5 A written appeal procedure explaining the process to appeal an application that has been denied, how and when an appeal can be heard, and when a denial decision is final.
26.22 A licensee shall have a written policy that is provided to a foster parent to ensure he or she has an opportunity for respite from the responsibility for caring for a child.
26.23 A licensee shall have a written policy that limits the total number of children in foster care in a foster home to six children. Exceptions may be made for the following reasons:
26.23.1 To allow a parenting youth in foster care to remain with his or her child;
26.23.2 To allow siblings to remain together;
23.23.3 To allow a child with an established meaningful relationship with the family to remain with the family; or
23.23.4 To allow a family with special training or skills to provide care to a child who has a severe disability.
26.24 A licensee shall have a policy to ensure an applicant is able to communicate with agency representatives, health care providers, and other service providers.
26.25 A licensee shall create and maintain a system for commending a foster parent who consistently maintains compliance with these regulations, and goes beyond the minimum requirements and provides a superior level of foster care.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-27.0** Initial Placement Outline {#sec-936-27.0 omnilex-key=us-de-regs-official--title-14--936-27.0}
27.1 A licensee shall ensure the agency gathers information for a child's case record within five days after an initial foster care placement. If information is missing, the licensee shall ensure the case record contains documentation such as a progress note, email, letter, or fax showing the continued effort made to gather any missing information. The case record must include:
27.1.1 Date of custody, if applicable;
27.1.2 Birth certificate;
27.1.3 Name, birth date, sex, race, language spoken, and other significant identifying physical information;
27.1.4 Placement date;
27.1.5 Name, address, and marital status of a birth parent or name and address of a guardian;
27.1.6 Names and locations of biological siblings;
27.1.7 Religious preference;
27.1.8 Immediate and significant medical care need;
27.1.9 If known, immediate and significant educational need and school;
27.1.10 The child's physical and emotional state at time of placement;
27.1.11 Any circumstance leading to the need for foster care;
27.1.12 Any known previous out-of-home placement;
27.1.13 Any immediate need of the child and birth parent or guardian and any service to be provided to meet the need; and
27.1.14 Any contact person such as GAL/CASA, and division representative.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-28.0** Care and Treatment Team {#sec-936-28.0 omnilex-key=us-de-regs-official--title-14--936-28.0}
28.1 A licensee shall ensure that at the time of an initial placement, a foster parent is informed about a child in a manner consistent with being a member of a care and treatment team. The information shall include:
28.1.1 The name of a child and members of the care and treatment team;
28.1.2 Available information about a child's known emotional, behavioral, or mental health strengths, needs, and educational status;
28.1.3 Current plans to meet a child's needs, as identified in a service plan;
28.1.4 If known, the name of the GAL/CASA and date and time of court hearing; and
28.1.5 A plan for providing routine and emergency medical care for a child being placed in foster care.
28.2 A licensee shall ensure an agency consults a foster parent when planning, implementing, evaluating, and modifying, if necessary, the total care and service provided to the child.
28.3 A licensee shall ensure an agency interviews a foster parent regularly to gain information on a child's progress or problems.
28.4 A licensee shall ensure a foster parent and other household members are made aware of the requirement to cooperate with and the consequence of not cooperating with a staff member or any other authorized local and State official when requesting information. A foster parent and household members must grant access to any part of the foster home, structure on the foster home's property, other household members, and the child as related to determining compliance with these regulations, or during an evaluation, ongoing supervision, inspection, or investigation.
28.5 A licensee shall ensure a foster parent treats personal information about a child or the child's family in a confidential manner.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-29.0** Service Plans {#sec-936-29.0 omnilex-key=us-de-regs-official--title-14--936-29.0}
29.1 A licensee shall develop a service plan for a child.
29.1.1 The plan shall be developed in consultation with a child, his or her birth parent or guardian, foster parent, and referral source, unless participation by these people is not possible or is not in the child's best interest.
29.1.2 A licensee shall document the reasons for non-participation of a person or agency.
29.1.3 People participating in the service plan's development shall sign and date the completed service plan.
29.1.4 The plan shall include a statement explaining why missing information is not included. If information is missing, the licensee shall ensure the case record contains documentation such as a progress note, email, letter, or fax showing the continued effort made to gather any missing information.
29.2 A licensee shall ensure that before or within five business days of placement, a service plan is developed. The plan shall contain the following information as applicable:
29.2.1 School registration needs;
29.2.2 Current individualized education program (IEP), individualized family service plan (IFSP), or Section 504 plan;
29.2.3 Physical disability or chronic medical condition;
29.2.4 Current medication;
29.2.5 Description of the situation which led to current/pending placement, including a statement explaining the basis for the abuse/neglect/dependency;
29.2.6 Identification of a child's immediate needs; and
29.2.7 Signature section, including date signed.
29.3 A licensee shall ensure within 30 business days of placement, a service plan is further developed to identify the child's needs for the next 12 months and contains the following information:
29.3.1 Physical health;
29.3.2 Dental needs;
29.3.3 Educational/vocational needs and extracurricular activities;
29.3.4 Social/emotional needs;
29.3.5 Behavioral issues;
29.3.6 Preparation for independent living, if applicable;
29.3.7 Court requirements;
29.3.8 Efforts to locate a permanent home and adoption recruitment, if applicable;
29.3.9 Support services offered to the birth parent or guardian and foster parent;
29.3.10 Visitation arrangement and maintaining family connections;
29.3.11 Child's permanency goal;
29.3.12 Biological sibling information, including location, placement (together or separated and the reason), and steps taken to maintain regular contact and reunification; and
29.3.13 Signature section, including date of signature.
29.4 A licensee shall ensure a service plan is reviewed every six months and contains information on the progress made in all aspects of the plan. The plan shall be signed and dated by the people on the care and treatment team, as appropriate, during the review process.
29.5 A licensee shall ensure the agency follows a family service plan developed by the division in cooperation with a child and his or her birth parent or guardian and contains the following information:
29.5.1 Specific goals, objectives, and deadlines for a child's birth parent or guardian to resolve any problem that required the child's placement;
29.5.2 Referred services; and
29.5.3 Visitation and reunification plans when determined to be in the child's best interests.
29.6 A licensee shall ensure a service plan includes a specific service aimed at locating an adoptive placement for a child who is legally free and available for adoption.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-30.0** Child's Records {#sec-936-30.0 omnilex-key=us-de-regs-official--title-14--936-30.0}
30.1 A licensee shall maintain a paper or electronic record for each child. The record shall include the following:
30.1.1 Legal basis for placement, consent for placement, or court custody order;
30.1.2 Written authorization for both routine medical care and emergency care immediately upon initial placement. Authorization shall be either from a birth parent, guardian/custodian, or by court order;
30.1.3 Service plan as stated in Section 29.0;
30.1.4 Physical characteristics, including a description of child that includes height, weight, hair and eye color, and significant scar/body marking;
30.1 5 Picture of the child;
30.1.6 Documentation showing the child's caseworker visited a child in a foster home at least once a month;
30.1.7 Within one month of placement, a health appraisal that includes an immunization record conducted by a health care provider within the last 12 months according to the American Academy of Pediatrics' standards that includes:
30.1.7.1 A health history;
30.1.7.2 Physical examination;
30.1.7.3 Growth and development;
30.1.7.4 Immunizations;
30.1.7.5 Recommendations regarding required medication, restrictions, or modifications of the child's activities, diet, or care; and
30.1.7.6 Medical information for treatment in case of emergency;
30.1.8 An annually updated health appraisal as stated above;
30.1.9 Documentation that a child receives timely, competent medical care when he or she is ill, receives necessary follow-up medical care, medication, treatment, and therapy as directed by a health care provider;
30.1.10 A plan from a health care provider for bringing a child to the required level of immunization and to have a child tested or screened, in cases where a child has not been properly immunized according to the child's age and DPH's guidelines or has not received recommended or required screening or testing;
30.1.11 An annual dental examination for children age three and older according to Public Health's guidelines;
30.1.12 Documentation showing a child received dental work as necessary to maintain or improve dental health;
30.1.13 Documentation of school information including:
30.1.13.1 Name of school;
30.1.13.2 Date the child started school;
30.1.13.3 Child's current grade placement and classification;
30.1.13.4 Type of school program such as special needs, vocational, alternative, or AP/Honors;
30.1.13.5 School report card and current IEP, IFSP, or Section 504 plan, if applicable;
30.1.13.6 Ongoing communication and cooperation with a child's school that is maintained by an agency and a foster parent; and
30.1.13.7 Written notification to school regarding agency's involvement;
30.1.14 If information is missing, the licensee shall ensure the case record contains documentation such as a progress note, email, letter, or fax showing the continued effort made to gather any missing information.
30.1.15 A discharge summary within 30 days of the child's discharge that includes the following information:
30.1.15.1 The reason for termination of foster care and current location of the child;
30.1.15.2 A summary of services provided during care, including dates of admission and discharge;
30.1.15.3 An assessment of a child's and birth parent’s or guardian's needs which remain to be met;
30.1.15.4 A statement that a termination plan has been explained to a child in a manner consistent with the child's ability to understand;
30.1.15.5 Provisions for any follow-up service, if any; and
30.1.15.6 Name and signature of person preparing discharge summary and date signed;
30.1.16 Documentation showing a child who is nearing age 18 and plans to exit foster care has received information, services, and preparation for independent living; and
30.1.17 Documentation showing a child who turned 18 years of age receives the following documentation and information when discharged from foster care:
30.1.17.1 Certified copy of birth certificate;
30.1.17.2 Social security card;
30.1.17.3 Educational record;
30.1.17.4 Medical history and information on how to find a health care alternative;
30.1.17.5 Listing of community service or other agency that can provide assistance;
30.1.17.6 Independent Living brochure; and
30.1.17.7 If applicable, obtaining a driver's license or state identification card and completion of selective service registration.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-31.0** Family Engagement {#sec-936-31.0 omnilex-key=us-de-regs-official--title-14--936-31.0}
31.1 A licensee shall ensure a foster parent develops a working relationship with a child's birth parent or guardian according to a family service plan and in cooperation with a staff member.
31.2 A licensee shall ensure a foster parent meets a child's parent or guardian within 10 days to be introduced to one another by agency staff and document efforts made when not possible.
31.3 A licensee shall ensure a foster parent allows a child to communicate with birth parents or guardians and other family members according to the family service plan.
31.4 A licensee shall arrange for a visit between a child and birth parent or guardian, and other family members according to the family service plan.
31.5 A licensee shall keep a record of visits or efforts made to have a visit between a child and a birth parent or guardian and other family members.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-32.0** Re-Placement {#sec-936-32.0 omnilex-key=us-de-regs-official--title-14--936-32.0}
32.1 A licensee shall make every effort to maintain a stable placement for each child placed in foster care. When a child is re-placed other than to a birth parent, guardian, or other family member, the licensee shall document:
32.1.1 Reason for re-placement;
32.1.2 Evaluation of the appropriateness of continued foster care;
32.1.3 Re-placement preparation appropriate to a child's capacity to understand;
32.1.4 Notification to birth parents or guardians of the re-placement;
32.1.5 Notification to referral source of the re-placement;
32.1.6 Information about a child shared with a new foster parent, including a case plan; and
32.1.7 Child's placement history while a client of an agency that includes a foster parent's name, all dates of care, and reason for re-placement.
32.2 A licensee shall maintain a list of each child who is re-placed.
32.3 A licensee shall update the five and 30-day service plans according to Section 29.0.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-33.0** Developmentally Appropriate Interactions, Equipment, Materials, and Chores {#sec-936-33.0 omnilex-key=us-de-regs-official--title-14--936-33.0}
33.1 A licensee shall ensure a foster parent interacts with a child and provides developmentally appropriate equipment and materials such as books, games, and toys for a variety of indoor and outdoor activities. Activities, equipment, and materials shall promote a variety of experiences that support a child's social, emotional, language/literacy, intellectual, and physical development.
33.2 A licensee shall ensure a foster parent provides regular and ongoing opportunities for a child in care to engage in age and developmentally appropriate activities.
33.3 A licensee shall ensure a foster parent only requires a child to perform household chores that are within the child's abilities. These chores shall be similar to those expected of other household members in the same age range.
33.4 A licensee shall ensure a foster parent teaches a child skills required and shares knowledge needed to live independently in a community.
33.5 A licensee shall ensure each child over age 14 has opportunities to gain skills and participate in plans for transition into adulthood.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-34.0** Education {#sec-936-34.0 omnilex-key=us-de-regs-official--title-14--936-34.0}
34.1 Within five school days of the division’s meeting with the school of origin and school of residence to determine school placement, a licensee shall request documentation that the child is enrolled or in the process of being enrolled into the appropriate educational program that meets State legal requirements as determined by the meeting.
34.2 A licensee shall inform a foster parent that a foster child cannot be home-schooled by the foster parent. However, a foster child may receive Homebound Instruction by the school district.
34.3 A licensee shall ensure an agency notifies a child's school administration in writing within five business days of an agency's involvement and provides the caseworker's name and contact information.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-35.0** Sleeping Arrangements {#sec-936-35.0 omnilex-key=us-de-regs-official--title-14--936-35.0}
35.1 A licensee shall ensure an infant naps and sleeps alone in a crib in the foster home.
35.2 A licensee shall ensure a foster parent uses safe sleep practices as stated by the American Academy of Pediatrics and places an infant on his or her back when putting the infant down to nap or sleep. Written documentation from the child's health care provider is needed to use a different sleep position.
35.3 A licensee shall ensure each child has and sleeps in his or her own age-appropriate crib or bed that has a mattress covered with a clean fitted sheet. A licensee shall ensure pillows, top sheets, and blankets are provided for children over the age of 12 months sleeping in beds.
35.4 Children of the opposite sex under age five may share a bedroom. Children of the same sex may share a bedroom.
35.5 A licensee shall ensure that a child over age one does not share a bedroom with an adult unless documentation from the child's health care provider states the child should share the room with an adult.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-36.0** Personal Belongings {#sec-936-36.0 omnilex-key=us-de-regs-official--title-14--936-36.0}
36.1 A licensee shall ensure children can bring, keep, and acquire personal belongings, including gifts and clothing, while in foster care.
36.2 A licensee shall ensure an agency and foster parent keep a record of a child's personal belongings. A record of personal belongings shall be reviewed when the child leaves the foster home to ensure items are accounted for and remain with the child.
36.3 A licensee shall ensure a foster home provides accessible storage space for children's personal belongings to allow the child to control or limit access to special items such as letters, photos, and life book.
36.4 A licensee shall ensure a child is provided with clean clothing in good repair that is appropriate to the season and to the child's age, sex, height, weight, activities, and needs.
36.5 A licensee shall ensure that when a child leaves a foster home, all of the child's personal belongings are given to the child upon leaving or within five business days.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-37.0** Foster Parent Recruitment and Training {#sec-936-37.0 omnilex-key=us-de-regs-official--title-14--936-37.0}
37.1 A licensee shall have a written plan describing a strategy for recruiting foster parents. A plan shall be flexible in considering the type of foster care provided and the age, developmental needs, racial identity, biological sibling relationships, and child's special needs.
37.2 A licensee shall hold foster parent training to provide basic information to foster parent applicants. The agency shall document that the applicant attended and received training on the following topics:
37.2.1 Foster parent's role, responsibilities, and expectations as a member of a team charged with responsibility for a child's care, education, and legal rights;
37.2.2 Review of a placement packet/materials for a child;
37.2.3 Involvement of a birth parent or guardian and other family member in a child's life;
37.2.4 Safety procedures, including certification for first aid and CPR that includes a “hands-on” skills demonstration applicable to the ages of children in placement and the need for proper installation and safe use of a car seat;
37.2.5 Regulations regarding a foster home's physical environment and steps necessary for compliance;
37.2.6 Policies on religious participation and education;
37.2.7 Cultural competence and diversity awareness;
37.2.8 Positive behavior management policy;
37.2.9 Confidentiality policy;
37.2.10 Applicable federal and State laws, including Prudent Parenting Standards;
37.2.11 Child and adolescent development;
37.2.12 Abuse and neglect including impact of trauma on child's development;
37.2.13 Child nutrition;
37.2.14 Health care;
37.2.15 Universal precautions;
37.2.16 Signs of human trafficking;
37.2.17 Impact of childhood trauma;
37.2.18 Administration of Medication;
37.2.19 Respite care;
37.2.20 Background check requirements;
37.2.21 Emergency planning and procedures and crisis management and intervention;
37.2.22 Foster care payment procedure; and
37.2.23 Agency’s structure, purpose, policies, services, and contact person.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-38.0** Foster Parent Application Process {#sec-936-38.0 omnilex-key=us-de-regs-official--title-14--936-38.0}
38.1 A licensee shall ensure an applicant completes the following steps to be approved as a foster parent:
38.1.1 Attend a foster parent training as described in subsection 37.2;
38.1.2 Complete a foster care application;
38.1.3 Submit a copy of a valid driver's license, State or federal identification, or birth certificate;
38.1.4 Submit the names, addresses, phone numbers, and email addresses for four references. At least three of these references shall be from people not related to the applicant;
38.1.5 Complete and submit documentation of fingerprinted background checks for the applicant and all adult household members;
38.1.6 Provide a list of all the states the applicant and adult household members have lived in during the past five years;
38.1.7 Provide health appraisals for the applicant and each household member, completed within one year before the application date, that includes a tuberculosis (TB) test or risk assessment. This form shall confirm the individual's health and document medical, mental, or physical conditions that may limit the person's ability to care for a child or have direct access to children and any reasonable accommodations that may be required. A licensee shall ensure all household children are up to date on immunizations as described in Appendix III, consistent with the recommendations of the American Academy of Pediatrics, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, and the American Academy of Family Physicians, unless the immunization is contrary to the child's health as documented by a licensed health care professional or is contrary to the parent or guardian’s religious beliefs as documented by a notarized statement;
38.1.8 Submit current certifications in cardiopulmonary resuscitation (CPR) and first aid applicable to the ages of the children the applicant chooses to serve. If planning to care for a child under the age of eight, a foster parent must complete infant/child CPR. If planning to care for a child age nine and older, a foster parent must complete adult CPR. If caring for children in both of these categories, a foster parent must complete infant/child and adult CPR; and
38.1.9 Agree to comply with the roles and responsibilities regarding being a foster parent once a child is placed in the home including the following:
38.1.9.1 Not using any illegal substances;
38.1.9.2 Not abusing alcohol by consuming it in excess amounts;
38.1.9.3 Not abusing legal prescription and/or nonprescription drugs by consuming them in excess amounts or misusing them;
38.1.9.4 Not smoking in the foster home, in any vehicle used to transport a foster child, or in the presence of a child in foster care; and
38.1.9.5 Not allowing guests to smoke in the foster home, in any vehicle used to transport a foster child, or in the presence of a child in foster care.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-39.0** Evaluation of Application {#sec-936-39.0 omnilex-key=us-de-regs-official--title-14--936-39.0}
39.1 A licensee shall contact the applicant's references to gather the following information:
39.1.1 Explanation of how long, how well, and under what circumstances (i.e. neighbor, co-worker) a person knows the applicant;
39.1.2 Observations of the applicant's interactions with children;
39.1.3 Description of the applicant's character;
39.1.4 Signs of risk factors (i.e. substance abuse, anger issues, poor judgment);
39.1.5 Concerns about any household member that will also be involved with the care or may have an effect on the child's care; and
39.1.6 Reason why foster care should or should not be recommended.
39.2 A licensee shall ensure an applicant and adult household members are free of a conviction, current indictment, or substantial evidence of involvement in any criminal activity involving violence against a person; child abuse or neglect; sexual offense; possession, sale, or distribution of any illegal drug; gross irresponsibility or disregard for the safety of another; or any serious violation of accepted standards of honesty or ethical conduct.
39.3 A licensee shall ensure an applicant and adult household members obtain child abuse and neglect checks from states in which they lived during the past five years according to the Adam Walsh Child Protection Safety Act of 2006.
39.4 A licensee shall ensure a person who is active on the Delaware child protection registry at a Level III or Level IV is prohibited from being a foster parent while on the Child Protection Registry.
39.5 A licensee shall ensure an applicant and adult household members agree to and are aware of a decision to provide foster care. The licensee may make exceptions when the household member involved is incapable of communication or informed decision-making and poses no threat to the child's health, safety, or well-being.
39.6 A licensee shall ensure an applicant's or household member's disability is only considered as it affects the ability to care for a child.
39.7 A licensee shall ensure an applicant demonstrates emotional stability, good character, a responsible adult lifestyle, and freedom from abuse of alcohol or medications and freedom from use of any illegal drug. A licensee shall ensure an applicant and household members disclose substance abuse issues including any history of drug or alcohol abuse or treatment. A disclosure of previous drug or alcohol abuse does not disqualify an applicant on its own.
39.8 A licensee shall ensure an applicant has the ability to provide nurturing care, supervision, reasonable positive behavior management, and a home-like environment that is free from domestic violence to a child.
39.9 A licensee shall ensure an applicant has the capacity for setting realistic expectations for a child's behavior and performance based on the age, ability, and child's special needs.
39.10 A licensee shall ensure an applicant has a willingness and ability to discuss and deal appropriately with his or her own feelings of anger, frustration, sorrow, conflict, and affection, and those of others.
39.11 A licensee shall require an applicant to show evidence of a stable living arrangement for at least one year. Evidence may include length of relationship, a community connection, and support system.
39.12 A licensee shall require an applicant to be at least 21 years old. The licensee may make exceptions after documenting that a younger applicant would not endanger a child's health, safety, or well-being.
39.13 A licensee shall document that an applicant has income to meet the household's needs and ensure the household's security and stability without the foster care payments.
39.14 A licensee shall ensure that an applicant who works outside the foster home provides a child care plan to the agency.
39.15 A licensee shall ensure that an applicant receives approval from an agency for a business conducted in a foster home. Business activities shall not interfere with the child's care.
39.16 A licensee shall ensure an applicant has developed an emergency preparedness plan.
39.17 A licensee shall ensure that an applicant who also has a family child care or large family child care license receives written approval from OCCL to be a dual service provider. The dual service agreement shall be created after both OCCL and the licensee agree that an applicant has the ability to meet the needs of all children present or living in the home for foster care, child care, and as household members. The agreement shall include a limit on the number and ages of foster care children. An agreement shall be reviewed by OCCL and the agency at least annually or whenever there is a complaint involving either foster care or child care. After review, it must be re-approved by OCCL's administrator.
39.18 A licensee shall ensure documentation is provided to an applicant explaining why the applicant was approved or denied as a foster parent based on the information gathered from the home study, application review, and home's inspection.
39.19 A licensee shall ensure an applicant has functional literacy which means the ability to read and understand information to perform daily parenting activities, including the ability to read medication labels.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-40.0** Foster Home and Transportation Requirements {#sec-936-40.0 omnilex-key=us-de-regs-official--title-14--936-40.0}
40.1 During the application process and annually, the licensee shall ensure the foster parent meets the requirements of Section 40.0.
40.1.1 A licensee shall visit the home of an applicant or approved foster parent and inspect all rooms and the grounds to ensure the home is clean, maintained, and does not present a threat to the occupants' health or safety. A licensee may require an applicant or approved foster parent to provide documentation that a home complies with State or local laws, codes, regulations, and ordinances.
40.1.2 A licensee shall ensure the home's walls, floors, and ceilings are intact and there is no exposed wiring, falling plaster, or dangerous holes. A licensee shall ensure all windows and outside doorways that are used for ventilation have screens in good repair. A licensee shall ensure the home has proper trash and recycling disposal.
40.1.3 A licensee shall ensure all flammable and hazardous materials, including matches, lighters, medicines, drugs, alcohol, cleaning products, detergents, aerosol cans, and other similar items, are stored safely in areas out of children's reach or are locked up both inside and outside the home. Hazardous liquids and powders must be labeled with the contents.
40.1.4 A licensee shall ensure foster homes serving child under age five keep plastic bags and cords and strings from window blinds out of children's reach.
40.1.5 A licensee shall ensure a foster home is free of rodent and insect infestation.
40.1.6 A licensee shall ensure all electrical outlets in a foster home that children can reach are covered, including power strips. Foster homes serving school-age children only are exempt from this requirement.
40.1.7 A licensee shall ensure all heating and cooling equipment prevents injury to children by having safety shielding.
40.1 8 A licensee shall ensure a foster home has at least one working hard-wired smoke detector or battery operated smoke alarm on each level of occupancy of the home and at least one near all sleeping areas. The smoke detector or smoke alarm must be listed by a nationally recognized testing laboratory and properly installed per the product's instructions. A licensee shall ensure a foster home has a working carbon monoxide detector or carbon monoxide alarm on each level of occupancy of the home and at least one near all sleeping areas if the home has a fossil-fuel burning heater or appliance, a fireplace, or an attached garage.
40.1.9 A licensee shall ensure a foster home has a safe drinkable water supply and the plumbing is kept in good working condition.
40.1.10 A licensee shall ensure a foster home has a bathroom with a working toilet, sink, and tub or shower. The sink and tub or shower must be able to provide both hot and cold water. The water temperature may not exceed 120º F. Hot tubs and spas must have safety covers that are locked when not in use.
40.1.11 A licensee shall ensure a foster home with large outdoor play equipment has it anchored.
40.1.12 A licensee shall ensure a foster home is free from any fire hazard and any exit in a foster home is accessible and unblocked.
40.1.13 A licensee shall prohibit smoking or vaping in the foster home, in any vehicle used to transport children, and in the presence of children.
40.1.14 A licensee shall ensure a kitchen and all food preparation, storage and serving areas, and utensils are kept clean.
40.1.15 A licensee shall ensure a foster home has an adequate supply of food.
40.1.16 A licensee shall ensure a foster home has a refrigerator, stove, and sink in good working condition. The sink must supply hot and cold water.
40.1.17 A licensee shall ensure that when a foster home has a permanent or built-in swimming pool, the pool is fenced in compliance with State or local laws, codes, regulations, or ordinances. A licensee shall ensure the pool is inaccessible to a child when not being used by ensuring the pool’s fencing is equipped with a safety device, such as a bolt lock. A licensee shall ensure a swimming pool is equipped with a life saving device, such as a ring buoy. A licensee shall ensure the pool has a working pump and filtering system.
40.1.18 A licensee shall ensure a foster parent owning a firearm has a current permit and valid registration as required by law. A firearm shall be stored unloaded in a locked cabinet that is inaccessible to a child. Ammunition shall be stored separately from the firearm in another locked cabinet.
40.1.19 A licensee shall ensure a foster home has a stocked first aid kit.
40.1.20 A licensee shall ensure a gate approved by the American Society for Testing and Materials (ASTM) is used in a foster home for a stairway with four or more steps when a child under age three is in foster care.
40.1.21 A licensee shall ensure a foster home has an easily accessible, charged portable dry chemical fire extinguisher rated 2A 10BC or higher in the kitchen.
40.1.22 A licensee shall ensure a foster home has a posted written evacuation plan that includes showing a child, as appropriate to his or her age and developmental level, how to evacuate the foster home in a fire or emergency. Practice drills shall be conducted at least twice a year.
40.1.23 A licensee shall ensure pets kept by the foster home are cared for in a safe and sanitary way. A licensee shall keep proof of vaccinations required by State law, currently rabies vaccinations for dogs and cats. Poisonous or aggressive animals, such as snakes and alligators, or animals that are known carriers of illnesses or are sick with a disease that can be spread to humans may not be kept or brought into the foster home.
40.1.24 A licensee shall ensure a foster home has a working phone available at all times.
40.1.25 A licensee shall ensure a foster home has a posted list of emergency phone numbers including poison control and the foster parent’s number. A licensee shall ensure the list is posted in a noticeable place.
40.1.26 A licensee shall ensure a foster home has adequate lighting for children to be able to see their surroundings, participate in activities, and complete their homework as required.
40.1.27 A licensee shall ensure an applicant has reliable and safe transportation with safety restraints, as appropriate for the child. Reliable transportation includes a properly maintained vehicle, access to reliable public transportation, or safe transportation arrangements with family friends, case workers or teen household members.
40.1.27.1 A licensee shall ensure an applicant who plans to transport a child in a vehicle has a valid driver's license and current vehicle insurance coverage.
40.1.27.2 A licensee shall ensure an applicant is instructed to and secures a child in an individual safety restraint system appropriate to the child's age, weight, and height at all times while a vehicle is in motion. A child safety restraint shall be installed and used according to the manufacturer and vehicle's instructions and kept in a safe working condition, is not recalled, or expired.
40.1.27.3 A licensee shall inform an applicant that a child may only be transported with proper safety restraints in a vehicle by a driver with a valid driver’s license and current vehicle insurance coverage.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-41.0** Pre-Approval Visits and Home Study {#sec-936-41.0 omnilex-key=us-de-regs-official--title-14--936-41.0}
41.1 A licensee shall meet in the applicant's home at least two times, with one of these meetings including interviews with each household member.
41.2 A licensee shall conduct a home study on an applicant and household members and provide a written evaluation addressing the following issues:
41.2.1 Motivation to provide foster care;
41.2.2 Willingness and ability to work cooperatively with an agency for the child's best interests;
41.2.3 Plan to integrate a child into the household, and a plan for discussing foster care with the child;
41.2.4 Attitude of each household member and other significant person involved with the applicant toward accepting a child;
41.2.5 Applicant's attitude toward a birth parent or guardian of a child;
41.2.6 Applicant's attitude toward and a plan for a child's visitation with a birth parent or guardian, biological sibling, and other family members if in the child's best interests;
41.2.7 Emotional strengths and weaknesses of an applicant and how the applicant sees himself or herself and all other household members;
41.2.8 Philosophy on child-rearing, positive behavior management, parental role, and experience with children;
41.2.9 Communication and problem-solving skills, including willingness to seek help and resources;
41.2.10 Proof of income to show an applicant can make timely payments for shelter, food, utility costs, clothing, and other household expenses before adding a foster child or foster children to the home;
41.2.11 State of marital and family relationships;
41.2.12 Family history, including a description of early home life;
41.2.13 Documentation of any private custody arrangement/order and any involvement in family court regarding custody issues:
41.2.14 Information on medical conditions, including physical and mental health issues including any history of drug or alcohol abuse or treatment which might affect an applicant's ability to care for a child;
41.2.15 Adjustments of any child already living in the applicant's home;
41.2.16 Child care plan when the applicant works;
41.2.17 Description of the applicant's home, including an assessment of the home's physical environment, neighborhood, and school district;
41.2.18 Type of child sought for foster care;
41.2.19 Determination of the type of child an applicant and other household members are able and willing to accommodate such as a certain age group (infant, toddler, preschool-age, school-age, or teenager), biological siblings, or a child with special needs, including the home's accessibility;
41.2.20 If applicable, household pets;
41.2.21 If applicable, experience in caring for a child with special needs;
41.2.22 If applicable, an applicant's motivation to care for a child who is of a different race, to deal with the child's possible transitions to a new lifestyle and culture, and efforts to preserve the child's heritage;
41.2.23 A recommendation concerning the type of child suitable or not suitable for placement with an applicant;
41.2.24 Assessment of training needs and documentation of training received; and
41.2.25 Documentation of home visits and interviews with an applicant and other household members.
41.3 A licensee shall ensure a copy of a home study is signed and dated by the applicant and provided to the applicant.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-42.0** Initial Foster Care Approval {#sec-936-42.0 omnilex-key=us-de-regs-official--title-14--936-42.0}
Once a home is approved, a licensee shall provide an approval letter or certificate. The approval shall state the foster parent has met the requirements for foster care established in these regulations and received a satisfactory evaluation based on a home study conducted by an agency licensed to perform foster care home studies. In addition, the approval shall include a start and end date that shows the dates of the home's approval. The approval shall be effective for no more than one year.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-43.0** Updates as Needed {#sec-936-43.0 omnilex-key=us-de-regs-official--title-14--936-43.0}
43.1 A licensee shall ensure a foster parent who joins the work force after being approved as a foster parent provides a child care plan to the agency.
43.2 A licensee shall ensure a foster parent receives agency approval for starting a business in a foster home and shows that any business activity will not interfere with the child's care.
43.3 A licensee shall ensure that a foster parent opening a family child care or large family child care license receives written approval from OCCL to be a dual service provider as stated in subsection 39.17.
43.4 A licensee shall ensure a foster parent submits documentation of CPR and first aid, appropriate to the ages of the children in care, when certifications expire. The licensee shall keep documentation of these current certifications.
43.5 A licensee shall ensure health appraisals for a foster parent and other household members are conducted every two years based on the date of the first health appraisal provided to an agency. The appraisal shall confirm the individual's health and document medical or physical conditions that may limit the person's ability to care for a child or have direct access to children and any reasonable accommodations that may be required.
43.5.1 Documentation from a health care provider shall be provided for a foster parent or household member’s subsequent health condition that affects the foster parent or other adult household member's ability to care for a child or whether it poses a direct threat to a child's health and safety.
43.5.2 A licensee shall ensure all household children are up to date on immunizations consistent with the recommendations of the American Academy of Pediatrics, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, and the American Academy of Family Physicians, unless the immunization is contrary to the child's health as documented by a licensed health care professional or is contrary to the parent or guardian’s religious beliefs as documented by a notarized statement;
43.6 A licensee shall have a current payment schedule for foster care service. A current schedule shall be provided to each foster parent when it is updated.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-44.0** Annual Requirements {#sec-936-44.0 omnilex-key=us-de-regs-official--title-14--936-44.0}
44.1 A licensee shall ensure a staff member annually inspects the foster home for the requirements listed in Section 40.0.
44.2 A licensee shall ensure that a foster parent has an annual compliance review with a staff member to determine continued approval. The review shall also:
44.2.1 Involve all other household members;
44.2.2 Evaluate strengths and weaknesses;
44.2.3 Determine training needs;
44.2.4 Assess the relationship between a foster parent, other household members, a child, and an agency staff member that affects the child in care;
44.2.5 Include a plan addressing reasons for continued approval; and
44.2.6 Include any corrective action with a target date and goal to come into compliance with these regulations or to improve service and relationship with an agency.
44.3 A licensee shall ensure and verify the information contained in the home study is accurate and create an addendum or update to document information that has changed. The foster parent shall sign the update or addendum and the agency shall provide a copy.
44.4 A licensee shall ensure a foster parent shows documentation of conducting two evacuation drills a year. The documentation must include the date the drill was conducted, how long it took to evacuate the home, and the names of the people who participated.
44.5 A licensee shall ensure that an applicant is reminded to report to an agency any subsequent arrest or criminal charge and any child abuse and neglect allegations and substantiations of himself or herself and any other household member while approved for foster care.
44.6 The licensee shall ensure a household member turning 18 years old has a background check by Delaware State Police within five business days of turning this age.
44.7 A licensee shall verify the foster parent has income to meet the household's needs and ensure the household's security and stability without the foster care payments.
44.8 A licensee shall ensure a foster parent receives at least 12 hours of training annually to support his or her parental role and remain up to date on policies, requirements, and services.
44.9 A licensee shall ensure that upon successful completion of each annual compliance review, the licensee provides an approval letter or certificate to a foster parent that is effective for no more than one year.
44.10 A licensee shall document the regular and ongoing opportunities for a child to engage in age and developmentally appropriate activities while in care that year.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-45.0** Foster Parent Records {#sec-936-45.0 omnilex-key=us-de-regs-official--title-14--936-45.0}
45.1 A licensee shall have documentation that the agency provided the positive behavior management policy to a foster parent and requires the foster parent to follow this policy.
45.2 A licensee shall keep a paper or electronic foster parent record containing the following information as required by these regulations:
45.2.1 Application;
45.2.2 Home study final evaluation report and addendums or updates;
45.2.3 References;
45.2.4 For adult household members, the Consent to Release Criminal History and Child Protection Registry Information form and verification form from the Delaware State Police that fingerprinting was completed;
45.2.5 Verification of completed background check, child protection registry checks, and adult abuse registry checks;
45.2.6 Adult household members’ health appraisals including TB tests or risk assessments and, for child household members, health appraisals including immunization records unless the immunization is contrary to the child's health as documented by a licensed health care professional or is contrary to the parent or guardian’s religious beliefs as documented by a notarized statement;
45.2.7 Commendation, complaint record, and documentation of disciplinary action and history, if applicable;
45.2.8 Report on annual compliance review;
45.2.9 History of care provided by a foster parent, including the name and age of each child served, who made the placement, date of placement, and date and reason for removal;
45.2.10 Dual service agreement and documentation of annual review; and
45.2.11 Termination summary when foster care is no longer provided, including reason for ending foster care.
45.3 A licensee shall receive written permission from a foster parent before releasing the foster parent's record to someone not employed by an agency, except when releasing the record to authorized personnel or pursuant to court order.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-46.0** Notification to an Agency {#sec-936-46.0 omnilex-key=us-de-regs-official--title-14--936-46.0}
46.1 A licensee shall ensure that a foster parent notifies an agency before allowing a person to visit a foster home for more than two weeks or move into a foster home.
46.2 The licensee shall document when a person moves into a foster home and require the new household member to meet the requirements applicable to a household member.
46.3 A licensee shall provide a foster parent with the agency's contact information to use after business hours for emergencies requiring immediate agency notification.
46.4 A licensee shall require a foster parent to notify an agency immediately when any of the following circumstances occur:
46.4.1 Death of the child;
46.4.2 Serious injury or illness involving medical/dental treatment of the child;
46.4.3 A child is absent without permission or runs away;
46.4.4 Removal or an attempt to remove the child from the foster home by a person or other agency without proper authority or authorization; or
46.4.5 Involvement of the child with law enforcement authorities.
46.5 A licensee shall ensure a foster parent notifies an agency within 24 hours when any of the following circumstances occur:
46.5.1 Serious incident, illness, or death in a household;
46.5.2 Subsequent criminal charge of the foster parent or household member;
46.5.3 Departure of a household member that affects the child;
46.5.4 Breakdown of equipment or loss of utilities in a foster home such as, but not limited to, a lack of heat, water, or electricity that lasts long enough to pose a threat to the child's health, safety, or well-being; or
46.5.5 Damage to a home due to an emergency event such as, but not limited to, a fire, flood, storm, or other disaster that affects the ability to stay or live safely in the foster home.
46.6 A licensee shall ensure a foster parent notifies an agency at least four weeks before a planned move from the foster home.
46.7 A licensee shall ensure a foster parent notifies an agency before using respite care and receives approval from the agency for a person providing the respite care.
PART III ADOPTION
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-47.0** General Policies and Practices {#sec-936-47.0 omnilex-key=us-de-regs-official--title-14--936-47.0}
47.1 A licensee shall provide documentation that a relinquishing birth parent or guardian has been provided the following information regarding terminating parental rights:
47.1.1 Assistance with reaching an informed decision regarding termination of parental or guardian rights, such as counseling in arriving at a plan that is best for himself or herself and the child, including available alternative plans;
47.1.2 Resources to seek legal counsel about any questions regarding the legal results of relinquishing a child;
47.1.3 Procedures involved in relinquishing a child for adoption;
47.1.4 Counseling in resolving problems relating to a child's relinquishment;
47.1.5 Referral for hospitalization, maternity home care, or other community resources, as needed;
47.1.6 If appropriate, preparation of the child and the relinquishing birth parent or guardian for the separation; and
47.1.7 Search service for both the relinquishing birth parent or guardian and the child as provided by law.
47.2 A licensee shall inform a relinquishing birth parent or guardian of his or her right to receive, on request, the following information before relinquishment:
47.2.1 A description of an agency's criteria used in selecting an adoptive parent applicant if not already identified; and
47.2.2 Non-identifying background information on an adoptive parent applicant if already identified.
47.3 Before placing a child, a licensee shall have documentation on the physical, emotional, and social developmental and educational factors relevant to the child's background and current situation, to the extent the information has been made available. This documentation shall include:
47.3.1 Full name, age, address, phone number, and social security number, as appropriate, of a relinquishing birth parent or guardian;
47.3.2 Attitudes of relinquishing birth parent or guardian and child, if appropriate, toward adoption;
47.3.3 Reasons for relinquishing a child;
47.3.4 Name, age, and address of siblings and other known family members;
47.3.5 Social, physical, and mental history of a birth parent and other known family members;
47.3.6 Child's name, birth date, sex, religion, race, nationality, height, weight, hair color, eye color, and identifying marks;
47.3.7 Child's social security number;
47.3.8 Child's physical, medical, mental, and educational history; and
47.3.9 Child's health appraisal or medical update performed within 12 months before placement.
47.4 A licensee shall ensure that services, including financial, provided to or for a relinquishing birth parent or guardian are not dependent upon a decision to place a child for adoption.
47.5 A licensee shall maintain a record for a relinquishing birth parent or guardian and child that includes:
47.5.1 Information, as required by these regulations;
47.5.2 Updated information, if available, on the child's location; and
47.5.3 Summary of services provided.
47.6 A licensee shall inform a relinquishing birth parent or guardian of his or her right to maintain current contact information and responsibility to report to an agency hereditary or other medical conditions that may affect a child's health.
47.7 An agency shall have an arrangement with an approved foster parent to ensure care for a child between the time of relinquishment and the time of placement.
47.8 At the time of initial inquiry, a licensee shall have a written policy on evaluating an adoption application. This policy shall be available to an applicant and state:
47.8.1 An approach to involvement of an applicant in a self-evaluation of strengths and weaknesses;
47.8.2 Selection criteria for an applicant, including criteria an agency uses for rejection of an application;
47.8.3 How applications are processed, including a timeline for notifying an applicant of a decision regarding the application; and
47.8.4 A written appeal procedure provided to an applicant whose application has been denied explaining the appeal process, if an appeal is possible, how and when an appeal can be heard, and when a denial decision is final.
47.9 The licensee shall ensure a household member turning 18 years old has a background check by Delaware State Police within five business days of turning this age.
47.10 A licensee shall ensure an applicant is informed of the requirement to report to the agency any subsequent arrest or criminal charge and any child abuse or neglect allegations or substantiations of himself or herself and any other household member throughout an adoption process.
47.11 A licensee shall have a written placement policy that:
47.11.1 Matches a child with an adoptive parent to ensure the child's needs are met;
47.11.2 Addresses the need for siblings to remain together; and
47.11.3 Addresses the need for a child to preserve his or her cultural, racial, and religious identities.
47.12 A licensee shall ensure that an adoptive parent is aware that personal information about a child or the child's birth parent or guardian or other family member shall be held in a confidential manner except as authorized by law.
47.13 A licensee shall have a written description of how an agency prepares a child in its care or supervision for adoption.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-48.0** Adoptive Parent Recruitment and Training {#sec-936-48.0 omnilex-key=us-de-regs-official--title-14--936-48.0}
48.1 A licensee shall have a written plan describing strategies for recruiting adoptive parents.
48.2 A licensee shall hold adoptive parent training for providing basic information to an adoptive parent applicant. The agency shall document that the applicant attended a session and received training and information on the following topics:
48.2.1 How the adoption process works;
48.2.2 Children available for adoption;
48.2.3 Issues specific to the type of adoption planned and child sought;
48.2.4 Abuse and neglect including impact of trauma on child's development;
48.2.5 Prenatal substance abuse exposure;
48.2.6 Adoption resources;
48.2.7 Grief and loss;
48.2.8 Attachment and bonding issues;
48.2.9 Child development;
48.2.10 Positive behavior management;
48.2.11 Birth parent or former guardian relationships; and
48.2.12 Lifelong adoptions issues.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-49.0** Adoptive Parent Application Process {#sec-936-49.0 omnilex-key=us-de-regs-official--title-14--936-49.0}
49.1 A licensee shall ensure an applicant completes the following steps to be approved as an adoptive parent:
49.1.1 Attend an adoptive parent training as described in subsection 48.2;
49.1.2 Complete an adoption application;
49.1.3 Submit a copy of a driver's license, State or federal identification, or birth certificate;
49.1.4 Submit the names, addresses, phone numbers, and email addresses of four references. At least three of these references shall be from people not related to the applicant;
49.1.5 Complete and submit documentation of fingerprinted background checks for the applicant and all adult household members;
49.1.6 Provide a list of all the states the applicant and adult household members have lived in during the past five years; and
49.1.7 Provide health appraisals for the applicant and household members, completed within one year before the application date, that includes a TB test or risk assessment. This form shall confirm the individual's health and document medical or physical conditions that may limit the person's ability to care for a child or have direct access to children and any reasonable accommodations that may be required. A licensee shall ensure all household children are up to date on immunizations consistent with the recommendations of the American Academy of Pediatrics, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, and the American Academy of Family Physicians, unless the immunization is contrary to the child's health as documented by a licensed health care professional or is contrary to the parent or guardian’s religious beliefs as documented by a notarized statement. Health appraisals are to be updated every two years after the initial appraisal is submitted.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-50.0** Evaluation of Application {#sec-936-50.0 omnilex-key=us-de-regs-official--title-14--936-50.0}
50.1 A licensee shall contact the references provided by the applicant to determine the following:
50.1.1 Explanation of how long, how well, and under what circumstances (i.e. neighbor, co-worker) a person knows the applicant;
50.1.2 Observations of the applicant's interactions with a child;
50.1.3 Description of the applicant's character;
50.1.4 Signs of risk factors (i.e. substance abuse, anger issues, poor judgment);
50.1.5 Concerns about household members that will also be involved with the care or may have an effect on the child's care; and
50.1.6 Reason why adoption should or should not be recommended.
50.2 A licensee shall ensure an applicant and adult household members are free of a conviction, indictment, or substantial evidence of involvement in any criminal activity involving violence against a person; child abuse or neglect; sexual offense; possession, sale or distribution of any illegal drug; gross irresponsibility or disregard for the safety of another; or any serious violation of accepted standards of honesty or ethical conduct.
50.3 A licensee shall ensure an applicant and adult household members obtain a child abuse and neglect check from states in which he or she resided over the past five years according to the Adam Walsh Child Protection Safety Act of 2006.
50.4 A licensee shall ensure an applicant and adult household members obtain a Delaware Family Court records check.
50.5 A licensee shall ensure that a person who is active on the Delaware child protection registry at a Level III or Level IV is prohibited from being an adoptive parent while on the child protection registry.
50.6 A licensee shall ensure an applicant and adult household members are in agreement with, and aware of, a decision to adopt. The licensee may make exceptions when the household member involved is incapable of communication or informed decision-making and poses no threat to the child's health, safety, or well-being.
50.7 A licensee shall ensure a disability of an applicant or household member is only considered as it affects the ability to care for a child.
50.8 A licensee shall ensure an applicant demonstrates emotional stability, good character, a responsible adult lifestyle, freedom from abuse of alcohol or medications, and freedom from use of any illegal drug. A licensee shall ensure an applicant and household members disclose substance abuse issues including any history of drug or alcohol abuse or treatment.
50.9 A licensee shall ensure an applicant has the ability to provide to a child nurturing care, supervision, reasonable positive behavior management, and a home-like environment that is free from domestic violence.
50.10 A licensee shall ensure an applicant demonstrates a capacity for setting realistic expectations for child's behavior and performance based on the age, ability, and special needs of a child.
50.11 A licensee shall ensure an applicant demonstrates a willingness and ability to discuss and deal appropriately with his or her own feelings of anger, frustration, sorrow, conflict, and affection, and those of others.
50.12 A licensee shall require an applicant to show evidence of a stable living arrangement for at least one year. Evidence may include length of relationship, a community connection, and support system.
50.13 A licensee shall require an applicant to be at least 21 years old. The licensee may make exceptions after documenting that a younger applicant would not endanger the child's health, safety, or well-being.
50.14 A licensee shall document that an applicant has income to meet the household's needs and ensure the household's security and stability.
50.15 A licensee shall ensure an applicant who works outside the home provides a child care plan to the agency.
50.16 A licensee shall ensure that an applicant receives approval from an agency for a business conducted in a home showing business activities will not interfere with the child's care.
50.17 A licensee shall ensure documentation is provided to an applicant explaining why the applicant was approved or denied as an adoptive parent based on the information gathered from the home study, application review, and home's inspection.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-51.0** Home Environment, Pre-Approval Visits, and Home Study {#sec-936-51.0 omnilex-key=us-de-regs-official--title-14--936-51.0}
51.1 A licensee shall visit an adoptive parent applicant's home and inspect all rooms and the grounds to observe if the home is maintained in such a manner that it does not present a threat to the occupants' health and safety. A licensee may require an applicant to provide documentation that a home complies with State or local laws, codes, regulations, and ordinances.
51.2 A licensee shall meet with an adoptive parent applicant at least three times. At least one meeting shall occur in the home of the adoptive parent applicant and include meeting with other household members. Two more meetings shall occur at a location where the applicant can be privately interviewed.
51.3 A licensee shall conduct a home study of an adoptive parent applicant and household members that includes a written evaluation addressing the following issues:
51.3.1 Motivation to adopt;
51.3.2 Willingness and ability to work cooperatively with an agency for the child's best interests;
51.3.3 A plan to integrate a child into the household, and a plan for discussing adoption with the child;
51.3.4 Description of the attitude of each household member and other significant person involved with the adoptive parent applicant toward accepting a child;
51.3.5 Description of feelings about a birth parent or guardian relinquishing a child for adoption or whose parental rights were terminated;
51.3.6 Description of an applicant's attitude toward the possible contact between a child and a biological sibling, relinquishing birth parent, or guardian;
51.3.7 Emotional strengths and weaknesses of an applicant and how the applicant sees himself or herself and all other household members;
51.3.8 Philosophy on child-rearing, positive behavior management, parental role, and experience with children;
51.3.9 Communication and problem-solving skills, including willingness to seek help and resources;
51.3.10 Proof of income to show an applicant can make timely payments for shelter, food, utility costs, clothing, and other household expenses;
51.3.11 Proof of homeowner’s or renter's insurance;
51.3.12 Proof of vehicle insurance, if applicable;
51.3.13 Verification of marriage/divorce and other family relationships;
51.3.14 Family history, including a description of early home life;
51.3.15 Description and documentation of any private custody arrangement/order and any involvement in family court regarding custody issues;
51.3.16 Information on medical conditions, including physical and mental health issues including any history of drug or alcohol abuse or treatment which might affect an applicant's ability to care for a child;
51.3.17 Guardianship plan for a child in the event of an applicant's incapacitation or death:
51.3.18 Adjustments of any child already living within the applicant's home;
51.3.19 Child care plan when the applicant works;
51.3.20 Description of the applicant's home, including an assessment of the home's physical environment, neighborhood, and school district;
51.3.21 Type of child sought for adoption;
51.3.22 Determination of the type of child an applicant and other household members are able and willing to adopt such as ethnicity or of a certain age group (infant, toddler, preschool-age, school-age, or teenager), biological siblings, or a child with special needs, including the home's accessibility;
51.3.23 If applicable, experience in caring for a child with special needs;
51.3.24 If applicable, an applicant's motivation to adopt a child who is of a different race or from a different country (international adoption), to deal with the child's possible transitions to a new lifestyle and culture, and to preserve the child's heritage;
51.3.25 If applicable, household pets;
51.3.26 A recommendation concerning the type of child suitable or not suitable for adoption by the applicant;
51.3.27 Assessment of training needs and documentation of training received; and
51.3.28 Documentation of home visits and interviews with the applicant and other household members.
51.4 A licensee shall ensure the applicant signs and dates the home study. A licensee shall provide a copy of the home study to an applicant.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-52.0** Adoptive Parent Approval {#sec-936-52.0 omnilex-key=us-de-regs-official--title-14--936-52.0}
Once an agency approves an applicant, a licensee shall ensure an agency provides an approval letter or certificate to an applicant. The approval shall state the pre-adoptive parent has met the requirements for adoption as established in these regulations and received a satisfactory evaluation based on a home study conducted by an agency licensed to perform adoption home studies. In addition, the approval shall include a start and end date that shows the dates of the home's approval. The approval shall be effective for no more than one year.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-53.0** Home Study Updates {#sec-936-53.0 omnilex-key=us-de-regs-official--title-14--936-53.0}
53.1 A licensee shall prepare an update or addendum when there is a significant change and no less frequently than one year from the date the home study was approved.
53.2 A licensee shall create an update or addendum to a home study during an approval period if there is a change in family circumstance such as a marital separation, divorce, change of household composition, loss of job, serious illness, or death.
53.3 A licensee shall ensure a home study contains all required items and is kept current and accurate at the time of placement through finalization.
53.4 A licensee shall complete a new home study within three years of the initial home study.
53.5 A licensee shall ensure an applicant signs and dates an update or addendum.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-54.0** Adoptive Parent Records {#sec-936-54.0 omnilex-key=us-de-regs-official--title-14--936-54.0}
54.1 A licensee shall maintain a paper or electronic record for an adoptive parent containing the following information as required by these regulations:
54.1.1 Application;
54.1.2 Home study final evaluation report;
54.1.3 References;
54.1.4 Fingerprinting verification form from the Delaware State Police for all adult household members;
54.1.5 Verification of completed criminal history record check, child protection registry check, and adult abuse registry check;
54.1.6 Adult household members’ health appraisals with TB test or risk assessment and, for child household members, health appraisals including immunization records unless the immunization is contrary to the child's health as documented by a licensed health care professional or is contrary to the parent or guardian’s religious beliefs as documented by a notarized statement;
54.1.7 Evaluation of a home's physical environment;
54.1.8 Summary of services, visits, and contacts;
54.1.9 Legal documents obtained during an adoption process; and
54.1.10 Information provided about a child.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-55.0** Information Given to a Pre-Adoptive Parent {#sec-936-55.0 omnilex-key=us-de-regs-official--title-14--936-55.0}
55.1 If a licensee is providing an adoptive placement, a licensee shall provide an adoptive parent with all available information about a child when selected for adoption. The information shall include but not be limited to the following, as applicable:
55.1.1 Date of agency's custody of the child;
55.1.2 Name, birth date, sex, race, ethnicity, and other significant identifying physical information;
55.1.3 Pictures or videos of a child;
55.1.4 Dates of placement, current caretaker, and current living condition;
55.1.5 Information about birth parents, former guardians, family members, and significant others, and nature of a relationship, as permitted by law;
55.1.6 Religious preference;
55.1.7 Immediate and significant medical care need;
55.1.8 Immediate and significant educational need;
55.1.9 Developmental and medical history;
55.1.10 A child's physical and emotional state;
55.1.11 The circumstance leading to availability for adoption;
55.1.12 Physical and emotional trauma experienced by a child;
55.1.13 Known previous out-of-home placements;
55.1.14 For a child with special needs, an assessment of the child's long-term need, adoption subsidy information, and community resources;
55.1.15 Supplemental Security Income (SSI) or Social Security eligibility of a child;
55.1.16 Current international adoption situation;
55.1.17 Country of origin adoption's requirement, health issues, travel information, and assistance;
55.1.18 Institutional disorders such as those relevant to a child in an orphanage, including possible developmental delay;
55.1.19 Attachment issues;
55.1.20 Adoption risk especially pertaining to international adoption;
55.1.21 Available cultural support system;
55.1.22 Birth parent involvement if open adoption; and
55.1.23 Finalization information.
55.2 A licensee shall keep documentation on a process of how an agency has gathered or attempted to gather the information required while preparing for an adoption.
55.3 A licensee shall readily share available adoption preparation information with a pre-adoptive parent, or explain any difficulty or failure to obtain information and provide a record of attempts to obtain such information.
55.4 A licensee shall ensure that a pre-adoptive parent is aware that any personal information about a child or the child's birth parent or guardian, or any other family member shall be held in a confidential manner except as authorized by law.
55.5 A licensee shall promptly provide information to a pre-adoptive parent that affects the adoption placement, including but not limited to suspension of an adoption program.
55.6 A licensee shall provide a pre-adoptive parent with a refund policy for when a promised adoption service has not been provided or when a situation may prevent or disrupt an adoption.
55.7 A licensee participating in international adoption placements where the United States is the country of origin shall document that the following process has occurred before a child leaves Delaware:
55.7.1 There has been a termination of parental rights pursuant to statute;
55.7.2 There has been a determination of legal responsibility for a child in a new country; and
55.7.3 There has been proof that the adoption requirements in a foreign country can be satisfied.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-56.0** Post-Placement Services {#sec-936-56.0 omnilex-key=us-de-regs-official--title-14--936-56.0}
56.1 A licensee shall assist a pre-adoptive parent during the post-placement period until finalization as follows:
56.1.1 Assign a caseworker who is responsible for providing services to a pre-adoptive parent;
56.1.2 Offer assistance with steps toward integrating a child into a new family;
56.1.3 Provide help with problems that may occur, including referrals for services outside of an agency's capability; and
56.1.4 If applicable, provide information on adoption subsidies.
56.2 A licensee shall maintain in-person contact with a pre-adoptive parent and child during the post-placement period of at least six-months until finalization as follows:
56.2.1 The first in-person contact shall occur within two weeks of placement or within a term required by the Interstate Compact on the Placement of Children;
56.2.2 After the first contact, a minimum of three in-person visits shall be required;
56.2.3 At least one in-person contact shall be made in a pre-adoptive parent's home; and
56.2.4 Each household member shall be interviewed in-person at least once during the post-placement period.
56.3 The agency shall comply with 13 Del.C. §905 and not remove a child who is legally free for adoption from an adoptive placement prior to the adoption without good cause.
56.4 A licensee providing international adoptions that are finalized before a family returns to the United States, shall provide post adoption services as follows:
56.4.1 The first in-person contact shall occur within 30 days of placement;
56.4.2 The services shall be provided for a minimum of one year; and
56.4.3 A minimum of three visits shall be required.
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
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- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
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- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
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- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
##### **14 Del. Admin. Code § 936-57.0** Finalization {#sec-936-57.0 omnilex-key=us-de-regs-official--title-14--936-57.0}
57.1 A licensee providing international adoptions shall provide a child's legal documents received from the child's country of origin to a pre-adoptive parent.
57.2 A licensee shall explain the pre-adoptive parent's right to appoint an attorney of his or her choice for the finalization of an adoption, when applicable.
57.3 A licensee shall provide required documentation to the appropriate State office or agency when finalizing an adoption.
57.4 A licensee shall ensure for interstate adoption placement where Delaware is the state of origin, the requirements for services following an adoptive placement meet the requirements of the finalizing state.
57.5 A licensee shall ensure all families are made aware of post-adoption services that are available in the State.
APPENDICES
APPENDIX I
Child Placing Agency Initial License Application
http://regulations.delaware.gov/AdminCode/title14/900/Appendix I Child Placing Agency Initial License Application.pdf
APPENDIX II
Child Placing Agency Renewal Relocation License Application
https://regulations.delaware.gov/AdminCode/title14/900/Appendix II Child Placing Agency Renewal Relocation License Application.pdf
**History**
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
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- *24 DE Reg. 274 (09/01/20)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
- *17 DE Reg. 925 (03/01/14)*
- *20 DE Reg. 485 (12/01/16)*
- *23 DE Reg. 233 (09/01/19)*
- *24 DE Reg. 274 (09/01/20)*
### **938** Regulations for Youth Camps
##### **14 Del. Admin. Code § 938-1.0** Legal Base {#sec-938-1.0 omnilex-key=us-de-regs-official--title-14--938-1.0}
The legal base for these licensing regulations is in 14 Del.C. §§3001A-3005A.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-2.0** Purpose {#sec-938-2.0 omnilex-key=us-de-regs-official--title-14--938-2.0}
The purpose of these regulations is to protect and support the health, safety, and well-being of children who receive care in youth camps. These regulations establish minimum standards that licensed youth camps are required to follow.
PART I GENERAL PROVISIONS
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-3.0** Definition of Terms {#sec-938-3.0 omnilex-key=us-de-regs-official--title-14--938-3.0}
The following words and terms when used in these regulations have the following meaning unless the context clearly indicates otherwise:
"Administration of medication certificate" means a document issued by OCCL that gives permission for a staff member to administer medication to children in care.
"Adult" means a staff person or volunteer who is at least 18 years old.
"Agreement of Understanding" means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance. This document contains requirements the licensee must follow to maintain licensure.
"Applicant" means the individual or entity, such as a company, corporation, business, school district, or agency, seeking a license to operate a youth camp.
"Business day" means a weekday Monday through Friday not including State of Delaware legal holidays.
"Camp counselor" means a staff member who performs direct child care duties. This person works under the supervision of the camp director. This person implements the daily activities for a group of children.
"Camp director" means a staff member with direct responsibility for the youth camp's total program including health matters, food, staff supervision, the administration of program operations, recreation, and transportation. This person supervises all staff members and volunteers, may perform direct child care duties, and meets the qualifications listed in these regulations.
"Child" means a person who has not reached the age of 18 years.
"Child abuse" means to cause or inflict sexual abuse on a child; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment, or mistreatment as defined in 10 Del.C. §901.
"Child neglect" means the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary education as required by law; nutrition; or medical, surgical or any other care necessary for the child's well-being as defined in 10 Del.C. §901.
"Child with disabilities" means a child diagnosed by a qualified professional as having a physical, intellectual, emotional, or developmental disability, or chronic medical condition.
"Complaint investigation" means the process followed by OCCL to investigate accusations that a licensee is not complying with these regulations or applicable laws.
"Comprehensive background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history including a search of the National Crime Information Center's National Sex Offender Registry; and a search of state criminal, sex offender, and child abuse and neglect registries, repositories, or databases in the state where the person resides, and in each state in which the person resided during the past five years.
"Conference" means a meeting between OCCL and a licensee to discuss serious non-compliance as defined in these regulations or to discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance that a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations.
"Denial" means the process of refusing to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
"Department" means the Delaware Department of Education.
"Designated representative" means the person assigned by the applicant, licensee, organization, corporation, entity, LLC, school district, or State agency to act on the applicant, licensee, organization, corporation, entity, LLC, school district, or State agency's behalf. The applicant or licensee granted this person authority over program operations and to represent the licensee, organization, corporation, entity, LLC, school district, or State agency in dealings with OCCL. This person may sign the application with written authorization from the applicant or licensee.
"DPH" means the Delaware Division of Public Health.
"Enforcement action" means an action taken by OCCL to promote compliance such as suspension, revocation, or denial.
"Field trip" means a trip or program activity off the licensed site.
"Group size” or “maximum group size" means the number of children permitted by these regulations to be assigned to a specific staff member or group of staff members, occupying an individual room or well-defined physical space within a large room or other area.
"Hazardous material" means any item or agent (biological, chemical, radiological, or physical), that has the potential to cause harm to humans, animals, or the environment, by itself or through interaction with other factors.
"Health care provider" means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advanced practice nurses or nurse practitioners, and physician assistants.
"Hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action such as suspension, revocation, or denial. A licensee or applicant may provide evidence to contest the action.
"Individualized educational program" or "IEP" means a document written at least yearly which describes the services and supports needed for a child identified for special education usually for a child age three years and older.
"License" means the document issued by OCCL granting authority to a licensee to operate a youth camp at a specific address under applicable State laws.
"Licensee" means the individual or entity, such as a company, corporation, organization, business, school district, or agency, legally responsible for a licensed youth camp.
"Licensing specialist" means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Office of Child Care Licensing" or "OCCL" means the agency within the department authorized under 14 Del.C. §§3001A-3005A to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Parent or Guardian" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
"Regulation" means the minimum standard established by OCCL that is required for a particular aspect of child care.
"Revocation" means the process of rescinding a license during the license's effective dates withdrawing permission to operate.
"School-age child" means a child who attends or has attended kindergarten or a higher grade.
"Secretary" means the Secretary of the Department of Education.
"Serious non-compliance" means an action or actions that violate the terms of a license and presents a significant risk to children. Serious non-compliance includes, but is not limited to the following: child abuse or neglect, excessive non-compliance, failing to admit authorized people into the camp; failing to cooperate with an investigation, failing to report abuse or neglect, improper discipline, improper release of children, improper staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, having no camp director, being over-capacity, participating in fraud or making false statements, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs or alcohol, leaving unqualified staff alone with children, failing to complete comprehensive background checks as required, having an unsafe building/environment, violating an agreement of understanding, or refusing to sign an agreement of understanding.
"Service Letters" as required by the Delaware Department of Labor, 19 Del.C. §708, are used to determine whether a person seeking employment was counseled, warned, reprimanded, suspended, or discharged as a result of a reasonably substantiated incident involving a person’s violent behavior or threat of violence in the workplace, or for abuse or negligence/neglect of patients/clients/residents/children.
"Staff member" means a full- or part-time employee of a youth camp.
"Supervision" means the correct number of staff members are physically present in the area or room, including outside, with children and staff members and volunteers who must be supervised. Supervision includes providing watchful oversight and timely attention to children, staff members, and volunteers' actions and needs.
"Suspension order" means a notice issued by OCCL directing a licensee to immediately cease operation of the youth camp and stop providing child care. While the license is suspended, a licensee may not provide child care.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a different manner than the regulation specifies.
"Volunteer" means a person who is at least 16 years old who provides an unpaid service or support to a youth camp. Unless qualified to be alone with children as stated in these regulations, a camp counselor or the camp director must always visually supervise a volunteer.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-4.0** Definition of Regulated Service {#sec-938-4.0 omnilex-key=us-de-regs-official--title-14--938-4.0}
Unless exempt from licensure per DELACARE: Regulations in Early Care and Education and School-Age Centers, a youth camp or camp means a child-serving entity having custody or control of one or more school-age children, unattended by parent or guardian, to provide a program of recreation, athletics, education, or religious instruction or guidance. This youth camp operates for up to 12 weeks, during the months of June through September, or during school in-service days, school holidays, or school vacations.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-5.0** Authority to Inspect {#sec-938-5.0 omnilex-key=us-de-regs-official--title-14--938-5.0}
5.1 Applicants, licensees, staff members, and volunteers, if applicable, shall allow immediate access to the camp during the hours of operation to officials from OCCL and other State and local agencies, including agencies providing payment for child care services such as Purchase of Care (POC) and the Child and Adult Care Food Program (CACFP) to determine compliance with applicable codes, regulations, laws, or contracts. This includes access to information, files, documents, and video recordings needed to determine compliance.
5.2 Applicants, licensees, staff members, and volunteers, if applicable, shall allow and not hinder the interviewing of a licensee, staff member, child in care, or child's parents or guardians by officials from OCCL or other State and local agencies. Interviews will occur to determine compliance with these regulations and other applicable codes, regulations, laws, or contracts such as for POC and CACFP. A licensee shall cooperate and have staff members cooperate with investigations regarding allegations of child abuse or neglect conducted by the Department of Services for Children, Youth and Their Families.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-6.0** License Requirements {#sec-938-6.0 omnilex-key=us-de-regs-official--title-14--938-6.0}
6.1 A license remains the property of OCCL and is not transferable or subject to sale.
6.2 A licensee shall post the license where it is visible to the public.
6.3 A license is valid at the address shown on the license and at the site that OCCL approved for use during inclement weather if located at a different location.
6.4 A licensee shall submit a separate application for each camp's address.
6.5 When a camp closes for the season or relocates, or when OCCL suspends or revokes the license, the license immediately becomes void.
6.6 A licensee who owns or operates a child care center licensed by OCCL may also receive a camp license by following the licensing and approval process contained in these regulations. The licensed program must operate using the regulations assigned to that particular program.
6.7 A licensee shall not exceed the camp's licensed capacity.
6.8 OCCL may extend a camp's license in the event of a State of Emergency.
6.9 OCCL shall determine a camp's capacity using the information in the Capacity Calculations for Summer Camp Programs chart in addition to the number of toilets available to staff members and children.
PART II LICENSING PROCESS AND PROCEDURES
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-7.0** Procedures for Licensure {#sec-938-7.0 omnilex-key=us-de-regs-official--title-14--938-7.0}
7.1 At least 60 days in advance of the proposed youth camp opening, an applicant shall have completed the following steps and submit the following information to OCCL when seeking a license:
7.1.1 Attend OCCL's information session to learn the application process and regulations (an applicant may send the designated representative).
7.1.2 Submit a completed Youth Camp License Application (see Appendix I), which includes:
7.1.2.1 Applicant's name, address, email, and phone numbers;
7.1.2.2 Applicant's references: for corporations contact information for officers; for LLCs contact information for managing member; for public and private schools contact information for the superintendent or equivalent officer, for agencies contact information for head of agency;
7.1.2.3 Previous licensure information, if applicable;
7.1.2.4 Program information (including ages of children to be served, anticipated number of children to be served, the specific address of the camp and for primarily outdoor camps an inclement weather site, and whether the camp operates overnight);
7.1.2.5 Staffing information (including names of proposed employees); and
7.1.2.6 Certifications that include:
7.1.2.6.1 Agreement to comply with federal and State laws and regulations;
7.1.2.6.2 Statement that information supplied is true and correct; and
7.1.2.6.3 Acknowledgment that OCCL is required to make a thorough investigation of the applicant.
7.1.3 Submit the following items to OCCL:
7.1.3.1 Day or recreational camp permit from the Division of Public Health (DPH) (Camps that have never been permitted and camps that are relocating must begin the pre-operational review at least 90 days in advance of submitting the application to OCCL);
7.1.3.2 Sample two-week menu, if providing meals or snacks. If using a catering service, a copy of the caterer's food establishment permit;
7.1.3.3 Deed, lease, or documentation showing a lease/sale will be entered into at a date prior to licensure of the camp, or written permission from the owner to use an area or room. A deed or lease is required before the pre-licensing visit is conducted;
7.1.3.4 Emergency plan;
7.1.3.5 Diagram of the buildings or structures to be used routinely or during inclement weather including the room dimensions, square footage, location of toilets, and handwashing sinks;
7.1.3.6 Documentation showing each building or structure's total occupancy capacity per the fire code, if applicable;
7.1.3.7 Proof of compliance with applicable State and local building, zoning, and plumbing codes, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
7.1.3.8 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references;
7.1.3.9 Comprehensive background check, as described in subsection 22.3 for the camp director;
7.1.3.10 If an applicant will be present at the camp, a health appraisal that includes a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff that was conducted within one year before the application date. This form must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have access to children or others and any reasonable accommodations that may be required;
7.1.3.11 Parent or Guardian handbook;
7.1.3.12 Prior to the pre-licensing visit, certificate of liability insurance and, if applicable, motor vehicle insurance; and
7.1.3.13 State business license, unless the camp is a nonprofit organization.
7.2 Upon receipt of the completed application and required information, a licensing specialist will:
7.2.1 Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations;
7.2.2 Make a recommendation for licensure. If a license is granted, it will be valid during the time frame requested on the application; and
7.2.3 Notify the applicant as stated in subsection 10.3 of this regulation, if OCCL is seeking to deny a license to operate.
7.3 A licensing specialist shall conduct one or more unannounced visits to the camp when it is in operation to determine compliance with regulations including those not monitored at the pre-licensing visit.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-8.0** Regulation Variance {#sec-938-8.0 omnilex-key=us-de-regs-official--title-14--938-8.0}
8.1 An applicant or licensee shall comply with all regulations unless an applicant or licensee requests a variance from OCCL and receives approval.
8.2 The applicant or licensee shall describe on a written variance request form (see Appendix II) how the applicant or licensee will meet the intent of a specific regulation in a different manner.
8.2.1 The change may not endanger the health, safety, or well-being of children in care.
8.2.2 The licensee shall keep the variance approval and make it available on request. A variance is valid only for this licensee. If the licensee fails to comply with the variance, OCCL will cancel the variance and require the licensee to comply as the regulation states.
8.2.3 The licensee or applicant may appeal a variance denial by requesting a conference with an OCCL representative.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-9.0** Complaints {#sec-938-9.0 omnilex-key=us-de-regs-official--title-14--938-9.0}
9.1 OCCL shall investigate complaints received regarding a possible violation of these regulations during the licensee's active operation or inactive period.
9.2 OCCL shall notify the licensee or a staff member of the complaint investigation at an unannounced visit or, in limited instances, via phone.
9.3 OCCL shall report the results of the investigation in writing.
9.4 If OCCL substantiates the complaint or finds other violations during the investigation, a licensee shall correct the violations and come into compliance with these regulations.
9.4.1 Within five days of receiving the complaint investigation report, a licensee may dispute citations or findings by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
9.4.2 A licensee may provide evidence to prove the citations are not valid.
9.4.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan and whether to change the findings.
9.5 OCCL will refer or assist in the referral of complaints for investigation, relating specifically to laws, rules, or regulations of other governmental entities (including but not limited to the Americans with Disabilities Act and Delaware Equal Accommodations Law) to the appropriate entity, charged with enforcement authority, for investigation. At the time of the referral, OCCL shall request a report of the findings. OCCL may use these findings as the basis for an enforcement action.
9.6 The Department of Services for Children, Youth and Their Families' Institutional Abuse Unit will investigate complaints regarding the abuse or neglect of a child at the camp by a staff member.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-10.0** Enforcement Actions {#sec-938-10.0 omnilex-key=us-de-regs-official--title-14--938-10.0}
10.1 To maintain licensure, a licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan or an enforcement action.
10.1.1 OCCL may initiate an enforcement action, such as suspension, revocation, or denial of a license application, if the health, safety, or well-being of children in care is in serious or imminent danger, or when a licensee fails to comply with a corrective action plan or agreement of understanding, or a specialist cited the camp for serious non-compliance.
10.1.2 A licensee may appeal an enforcement action by requesting a hearing in writing within three business days of notification of OCCL's decision to impose the action.
10.2 License Suspension
10.2.1 OCCL may immediately suspend a license if the health, safety, or well-being of children in care is in serious or imminent danger. Imminent hazards include, but are not limited to, the following:
10.2.1.1 An ongoing outbreak of an infectious, pathogenic, or toxic agent capable of being transmitted;
10.2.1.2 The absence of potable water, supplied under pressure, in a quantity capable of meeting the needs of the camp;
10.2.1.3 A backup of sewage into the camp or into equipment containing food or utensils;
10.2.1.4 An infestation of vermin to the extent that food and food-contact surfaces cannot be protected from contamination;
10.2.1.5 The absence of adequate toilet facilities; or
10.2.1.6 Insufficient qualified staff to operate the camp safely to meet staff-to-child ratios.
10.2.2 A suspension order requires the licensee to immediately cease operation of the youth camp and stop providing child care. Absent extenuating circumstances, a suspension order shall be in writing.
10.2.2.1 If OCCL issues a verbal suspension order, OCCL will hand-deliver a written suspension order by 11 AM the following business day unless a delay is approved by a licensing supervisor.
10.2.2.2 A written suspension order must state the reason or reasons for the enforcement action.
10.2.3 Within five business days of OCCL issuing the written order, the licensee may choose to close permanently, remain suspended until the licensee corrects the reason for the suspension and OCCL lifts the suspension, or remain suspended and request a hearing in writing. In cases where the licensee corrects the reason for suspension and OCCL lifts the suspension, OCCL may conduct increased monitoring for the duration of the license.
10.2.4 A hearing must be scheduled and held within 10 business days of the licensee's written request for a hearing.
10.2.4.1 The associate secretary of early childhood support assigns a hearing officer with no previous involvement in the matter.
10.2.4.2 The hearing officer may allow delays in the hearing only for good cause.
10.2.4.3 After a hearing officer makes a recommendation, the secretary determines whether to adopt the recommendation and issues a final decision.
10.2.4.4 The secretary will notify the licensee in writing of the decision. The decision will become final 10 business days after mailing or delivery to the licensee.
10.2.5 A licensee dissatisfied with the department's decision for suspension may file an appeal within 30 business days after the mailing or delivery of the decision notice.
10.2.5.1 A licensee appeals to the Delaware Superior Court in the county where the camp is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
10.2.5.2 A licensee shall supply a copy of the appeal to the department.
10.2.5.3 The licensee pays any appeal costs that Superior Court rules require the filing party to pay.
10.2.5.4 The final decision of the secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
10.3 Denial of a License Application or Revocation
10.3.1 OCCL may deny a license application or revoke a license for good cause, including but not limited to the following:
10.3.1.1 Failure to comply with applicable provisions of federal, State, or local laws, governor's orders, or these regulations;
10.3.1.2 Violation of the terms or conditions of its license;
10.3.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the camp;
10.3.1.4 Refusal to furnish OCCL with files, reports, or records as required by these regulations;
10.3.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the camp during operating hours;
10.3.1.6 Engaging in any activity, policy, practice, or conduct by the licensee or staff member that adversely affects or is deemed by OCCL to be detrimental to the health, safety, or well-being of children; or
10.3.1.7 Conduct that otherwise demonstrates unfitness by the licensee or camp director to operate a camp.
10.3.2 OCCL shall notify the applicant or licensee in writing of the reasons it intends to deny a license application or revoke a license. This letter will describe how an applicant or licensee may appeal the decision by requesting a hearing to present information that the cited violations or reasons for the denial are not valid.
10.3.2.1 Within 10 business days of receiving the written notice, the applicant or licensee shall request a hearing in writing or accept the denial or revocation and close within the time stated in the notice.
10.3.2.2 If an applicant or licensee does not make a timely request for a hearing as stated in subsection 10.3.2.1, the denial or revocation will take effect 30 business days after receiving the written notice from OCCL.
10.3.3 The hearing officer will hold the hearing within 30 calendar days of the hearing request.
10.3.3.1 The department will assign a hearing officer with no previous involvement in the matter.
10.3.3.2 A hearing officer may allow delays in the hearing only for good cause.
10.3.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.
10.3.5 After a hearing officer makes a recommendation, the secretary determines whether to adopt the recommendation and issues a final decision. The secretary will notify the applicant or licensee in writing of the decision. The decision will become final 10 business days after mailing or delivery to the applicant or licensee.
10.3.6 An applicant or licensee who is dissatisfied with the department's decision regarding revocation or denial may file an appeal within 30 business days after the mailing or delivery of the decision notice.
10.3.6.1 The applicant or licensee appeals to the Delaware Superior Court in the county where the camp is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
10.3.6.2 The applicant or licensee shall supply a copy of the appeal to the department.
10.3.6.3 The applicant or licensee pays any appeal costs that Superior Court rules require the filing party to pay.
10.3.6.4 The final decision of the secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144.
10.3.7 When OCCL revokes or denies an application, the licensee or applicant may not apply for any license from OCCL for two years from the date that the revocation or denial was upheld. OCCL will not issue any license to a camp's designated representative or another person in a leadership role during this two-year period.
PART III ADMINISTRATION AND ORGANIZATION
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-11.0** Notification to OCCL {#sec-938-11.0 omnilex-key=us-de-regs-official--title-14--938-11.0}
11.1 A licensee shall ensure a staff member calls OCCL and speaks to someone at OCCL (leaving a message is not acceptable) within one business day Monday-Friday from 8:00 AM to 4:30 PM in the event of:
11.1.1 A fire, flood, or other disaster causes damage that affects the camp's ability to operate safely;
11.1.2 Injury of a child while in the care of a camp, when the camp is informed the child required medical/dental treatment other than any first aid provided at the camp. A licensee shall follow this call with a written report within three business days;
11.1.3 Suspected abuse or neglect of a child while in care (after reporting the suspicion to the 24-Hour Child Abuse Report Line, currently listed as 1-800-292-9582);
11.1.4 A known arrest or conviction of a staff member, volunteer, or licensee;
11.1.5 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error as described in subsection 38.6. The licensee shall follow this call with a written report within three business days;
11.1.6 The phone number of the camp changes (must also notify parents or guardians and staff members);
11.1.7 Changes in who provides the meals and snacks, the caterer, or method of storage used to prevent foods from spoiling;
11.1.8 A child is abducted from the camp or is missing while in the camp's care; or
11.1.9 An equipment breakdown that threatens the health and safety of children in care, including but not limited to lack of working toilets, interruption of running water, loss of phone service or power, failure of any fire protection system, and heating or air-conditioning failure.
11.2 The licensee shall immediately call the Department of Services for Children, Youth and Their Families' 24-Hour Child Abuse Report Line (currently listed as 1-800-292-9582) when a child in care dies. After this call, a licensee shall immediately notify OCCL.
11.3 A licensee shall ensure staff members or the licensee return telephone calls from OCCL requiring a response within two business days.
11.4 A licensee shall notify OCCL in writing at least four weeks before an expected change of location. A licensee may not operate a camp at a new location without OCCL issuing a license for the new address.
11.5 A licensee shall notify OCCL within two business days of the resignation, termination of employment, transfer, or hire of the camp director.
11.6 In the event of the licensee's death, the camp director or camp counselor shall inform OCCL within 10 business days. The license will no longer be valid 30 days after the licensee's death.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-12.0** Governing Body {#sec-938-12.0 omnilex-key=us-de-regs-official--title-14--938-12.0}
12.1 A licensee shall have an identifiable owner or governing body with responsibility for and authority over the operation of the camp. The owner or governing body shall designate a qualified person to function as the camp director.
12.2 A licensee or, if applicable, the governing body, and employees shall follow all applicable federal, State, and local laws and regulations, including, but not limited to, the Americans with Disabilities Act and Delaware Equal Accommodations Law.
12.3 A licensee shall have an organized system of business management and have sufficient staff, space, and equipment to fulfill, at a minimum, administrative, fiscal, clerical, cleaning, maintenance, food services, direct child care, and supervisory functions.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-13.0** Insurance Coverage {#sec-938-13.0 omnilex-key=us-de-regs-official--title-14--938-13.0}
A licensee shall have documentation of comprehensive general liability insurance, motor vehicle insurance if transporting children in a vehicle owned or leased by the camp, and other insurance as required by State law.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-14.0** Telephones {#sec-938-14.0 omnilex-key=us-de-regs-official--title-14--938-14.0}
14.1 A licensee shall ensure a camp has a working phone number and an on-site phone.
14.2 A licensee shall ensure this on-site phone has a feature that allows a caller to leave a voicemail message.
14.3 A licensee shall provide the new phone number to the parent or guardian, staff, and OCCL within one business day if it changes.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-15.0** Child Abuse and Neglect Reporting Requirements {#sec-938-15.0 omnilex-key=us-de-regs-official--title-14--938-15.0}
15.1 A licensee shall develop, follow, and maintain on file written policies and procedures for handling an incident of suspected child abuse or neglect that occurs while a child is in or out of the camp's care to comply with applicable laws.
15.2 Allegations of Abuse or Neglect against a Staff Member
15.2.1 The licensee shall ensure staff members or volunteers do not abuse or neglect children.
15.2.2 If the abuse or neglect occurred at the camp by a staff member, the licensee shall eliminate those factors or circumstances that may have increased the risk of abuse or neglect.
15.2.3 A staff member alleged to have abused or neglected a child may not have direct contact with any child until the completion of the incident's investigation. However, at the licensee's discretion, the licensee may reassign the staff member to other duties that do not involve contact with children.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-16.0** Positive Behavior Guidance {#sec-938-16.0 omnilex-key=us-de-regs-official--title-14--938-16.0}
16.1 A licensee shall ensure that staff members use prevention strategies, appropriate redirection rather than restraint, and positive developmentally-appropriate methods of behavior guidance of children, which encourage self-control, self-direction, positive self-esteem, social responsibility, and cooperation.
16.1.1 Staff shall give directions and guidance in a clear, non-threatening manner.
16.1.2 Staff members shall:
16.1.2.1 Intervene quickly to ensure the safety of children and others;
16.1.2.2 Redirect children by suggesting other acceptable behaviors; and
16.1.2.3 Escort the child to a different setting when necessary and speak so children understand their feelings are important and acceptable, but their disruptive behavior is not.
16.2 A licensee shall ensure staff members teach by example by always being respectful and using appropriate language when speaking to children and others such as other staff and families while at the camp.
16.3 A licensee shall ensure that if staff members use "time-out", it is used only as necessary to help the child gain control of behavior and feelings. It must be used as a supplement to, not a substitute for, other developmentally-appropriate methods of behavior guidance.
16.3.1 "Time-out" must be limited to brief periods of no more than one minute for each year of a child's age.
16.3.2 Before using "time-out", the staff member shall discuss the reason for the "time-out" in language appropriate to the child's level of development and understanding.
16.3.3 A staff member must supervise a child removed from the group or room during a "time-out."
16.3.4 Before rejoining the group or at another time, a staff member must talk to the child in ways that encourages the child to make better decisions in the future.
16.4 A licensee shall ensure the following actions are prohibited:
16.4.1 Roughly handling a child or physical punishment inflicted on a child's body, including, but not limited to the following: shaking, grabbing, striking, hair-pulling, biting, pinching, plucking, slapping, hitting, kicking, or spanking;
16.4.2 Yelling at, humiliating, or frightening children;
16.4.3 Physically or sexually abusing a child;
16.4.4 Making negative comments about a child's looks, ability, ethnicity, family, or other personal traits;
16.4.5 Denying children food, water, or toilet use because of inappropriate behavior;
16.4.6 Tying, taping, chaining, caging, or restraining a child by a means other than holding. The child may be held only as long as necessary for the child to regain control;
16.4.6.1 If the child or others are in imminent danger or a risk to themselves or others, physical holding for as brief as possible to remedy the risk or removing the child to a safer location is permissible. Supervision is required.
16.4.6.2 In the event physical holding is used, documentation must occur by the staff.
16.4.7 Punishing children for a toileting accident, or for failing to fall asleep, eat food, or complete an activity;
16.4.8 Withholding physical activity as punishment; or
16.4.9 Encouraging or allowing children to hit, punish, or discipline each other.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-17.0** Food Service Policy {#sec-938-17.0 omnilex-key=us-de-regs-official--title-14--938-17.0}
17.1 A licensee shall have and follow a written policy concerning food service. This policy must be given to a parent or guardian at enrollment and when updated. This policy must include:
17.1.1 Approximate times of snacks and meals;
17.1.2 Procedures to address food allergies, religious dietary restrictions, and other dietary requests or restrictions for foods provided by the camp or parents or guardians; and
17.1.3 A description of whether the camp or parent or guardian will provide meals and snacks.
17.2 A licensee shall ensure when a parent or guardian provides meals and snacks, the food service policy includes:
17.2.1 Statements that meals or snacks may not be shared with others;
17.2.2 Statements that foods must be clean, safe, and comply with the camp's written policy concerning the types of foods provided by a parent or guardian;
17.2.3 Written procedures to be followed to prevent spoilage of foods brought from home; and
17.2.4 Procedures that the camp will follow to provide a meal or snack to a child who has not brought one or both.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-18.0** Meals and Snacks {#sec-938-18.0 omnilex-key=us-de-regs-official--title-14--938-18.0}
18.1 A licensee shall ensure meals and snacks are served on the following schedule depending on the number of hours the child is present:
18.2 A licensee shall provide meals and snacks except when:
18.2.1 The parent or guardian chooses to provide the child's food and provides a signed statement stating this choice.
18.2.2 The camp does not provide meals or snacks and informs the parent or guardian at the time of enrollment that the parent or guardian provides the meals or snacks.
18.2.3 The camp has a field trip or a specific activity requiring special meal arrangements.
18.3 A licensee shall ensure staff members responsible for food service have knowledge of nutrition, sanitary food preparation, storage, and cleaning, and follow the camp's policy on food service.
18.4 A licensee shall ensure meals and snacks provided by the camp:
18.4.1 Follow the meal pattern requirements (see Appendix III) which are appropriate to the child's age;
18.4.2 May include 100% unsweetened juice, not a juice drink or cocktail;
18.4.3 May include powdered milk used only for cooking and not instead of liquid milk for drinking; and
18.4.4 Are planned on a menu, dated, and posted in a noticeable place and kept for at least 10 business days.
18.5 A licensee shall ensure that staff members prepare and serve special, therapeutic diets only upon written instructions by a health care provider. A health care provider's written permission is required for a change in meal patterns.
18.6 A licensee shall ensure when a parent or guardian requests a change of meal patterns due to a family's food preferences or religious beliefs, the parent or guardian provides the camp with a list of the foods that are unacceptable and the substitutions allowed.
18.7 Meal Components
18.7.1 As described in Appendix III, a licensee shall ensure a breakfast provided and served by a camp has at least one age-appropriate serving-size item each from the milk, fruit and vegetable, and grain food groups.
18.7.2 As described in Appendix III, a licensee shall ensure lunch or dinner provided and served by a camp has one age-appropriate serving-size item from each of the milk, meat or meat alternate, and grain food groups and two items from the fruit and vegetable food group.
18.7.3 As described in Appendix III, a licensee shall ensure that a snack provided and served by a camp has at least one age-appropriate serving-size item from two of the food groups. If milk or 100% juice is not included with a snack provided and served by the camp, water must be served with that snack.
18.8 A licensee shall ensure each child has utensils, such as a fork, spoon, knife, or dish. This equipment may not be shared with another child or adult during feeding.
18.9 All single-service dinnerware or utensils provided by the camp for meals or snacks must be thrown away immediately after use.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-19.0** Emergency Planning {#sec-938-19.0 omnilex-key=us-de-regs-official--title-14--938-19.0}
19.1 A licensee shall have and follow a written plan that describes procedures for natural and man-made disasters, inclement weather, and National Weather Service advisories. A licensee shall train staff members on the plan. The emergency plan must include information and procedures in the following areas:
19.1.1 Preparing for a disaster;
19.1.2 Observing weather conditions and taking appropriate actions to ensure children's health and safety in the event of lighting, air quality alerts ordered by a local or state authority on air quality or public health, and National Weather Service advisories;
19.1.3 Responding to emergencies related to specialized activities, if applicable;
19.1.4 Assigning specific responsibilities to staff members during a disaster;
19.1.5 Keeping track of children and staff;
19.1.6 Moving to a new location or seeking shelter indoors, if appropriate;
19.1.7 Communicating with and returning children to families;
19.1.8 Meeting the needs of children with disabilities or medical conditions;
19.1.9 Caring for children after the disaster;
19.1.10 Contacting appropriate emergency response agencies and the parents or guardians; and
19.1.11 Locking down the camp.
19.2 A licensee shall ensure posted evacuation routes are in each room that the children use.
19.3 A licensee shall develop and follow a written plan describing procedures to shelter-in-place at the camp or inclement weather site for up to 24 hours due to a disaster. The plan must include a list of emergency supplies kept on-site, including enough foods that will not spoil, bottled water, and supplies to serve or prepare foods without the use of electricity.
19.4 A licensee shall ensure staff members monitor weather conditions to ensure children have shelter in the event of inclement weather.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-20.0** Smoking and Vaping {#sec-938-20.0 omnilex-key=us-de-regs-official--title-14--938-20.0}
A licensee shall inform staff members and others at the facility that smoking and vaping are prohibited at the camp. Smoking and vaping are prohibited in the outdoor play area, while transporting children, in the presence of children, and during field trips.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-21.0** Camp Policies - Parent or Guardian Handbook {#sec-938-21.0 omnilex-key=us-de-regs-official--title-14--938-21.0}
21.1 A licensee shall have and follow an organized system of respectful communication with parents or guardians and provide a handbook at enrollment that includes the following information:
21.1.1 A camp description that outlines the activities, daily schedule, and field trips offered;
21.1.2 Assurances that parents’ or guardians' visits and monitoring of the program are welcomed and permitted without prior approval;
21.1.3 Assurances of nondiscrimination based on race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran's status, or any other category protected by state and federal laws;
21.1.4 A written explanation of the mandatory reporting of child abuse and neglect;
21.1.5 A procedure for accepting and handling complaints from the parent or guardian;
21.1.6 Procedures related to the release of children including:
21.1.6.1 Releasing children only to people approved by a parent or guardian including a process for the emergency release of a child;
21.1.6.2 Checking the identity of an unknown approved person before releasing the child and keeping documentation of this verification;
21.1.6.3 Handling situations in which a non-custodial parent attempts to claim the child without a custodial parent’s or guardian's permission;
21.1.6.4 Handling situations in which an unapproved person attempts to pick up a child; and
21.1.6.5 Handling situations when a person who seems to be intoxicated or unable to bring the child home safely requests the release of a child;
21.1.7 Procedures to report accidents or critical incidents involving the child and other important information relating to the child;
21.1.8 Procedures stating that written permission from the parent or guardian is required before disclosing or using a child's written, electronic, or digital information except to employees of OCCL or other entities with statutory responsibilities for issues relating to the health, safety, and well-being of children;
21.1.9 Policies for routine and emergency health care including procedures to follow in case of illness; plans for accessing emergency services, including transportation and parent or guardian notification; illness exclusions including reportable communicable diseases; parent or guardian notification of communicable disease or condition; and administration of medication policies including reasonable accommodations for a child with disabilities;
21.1.10 Policies for child suspension and expulsion that comply with DE's "Best Practice Statement for the Prevention of Expulsion and Suspension in Delaware Early Childhood Programs," that can be found on the "My Child DE" website;
21.1.11 Policies that allow for children with an IEP to receive services at the camp when needed; and
21.1.12 Policies on positive behavior guidance and food services as described in Sections 16.0 and 17.0 of this regulation, and transporting children, if applicable.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-22.0** General Qualifications {#sec-938-22.0 omnilex-key=us-de-regs-official--title-14--938-22.0}
22.1 A licensee shall ensure each staff member and volunteer has an understanding of and respect for children and their needs. This includes an understanding of and respect for a child's family and culture.
22.2 A licensee shall prohibit the use or possession of alcohol or a drug that could adversely affect job functions in the workplace.
22.3 A licensee shall ensure each adult staff member schedules an appointment with the Delaware State Police and is fingerprinted for a Delaware SBI and FBI check before the start of employment. The requirements of a Comprehensive Background Check are as follows:
22.3.1 Adult staff members shall provide the fingerprint verification form to the licensee before working with children.
22.3.2 In addition to the Delaware fingerprinting, adult staff members who currently reside outside of Delaware must contact their state of residence and complete a fingerprinted state criminal history search and a name-based child abuse and neglect search.
22.3.3 Adult staff members who have resided outside of Delaware in the last five years shall contact each state of residence, and request a criminal history search and a name-based child abuse and neglect search.
22.3.4 After the out-of-state searches are completed, the camp director shall submit the results within one business day to the Criminal History Unit (CHU) in the Department of Services for Children, Youth and Their Families.
22.3.5 While waiting for the results of the background check, a staff member must be supervised at all times by a person who has completed the background check process and been determined eligible.
22.3.6 An adult staff member may not be alone with children until CHU reviews the comprehensive background check and determines eligibility.
22.4 A licensee shall complete an adult abuse registry check through the Department of Health and Social Services' website (currently listed as http://dhss.delaware.gov/dhss/dltcrp/Default.aspx) for adult staff members before their start date. A licensee shall ensure the results are printed and placed in the staff member's file.
22.5 A licensee may not own or be employed at a camp if the licensee is prohibited from working in child care in Delaware, based on both State law and the federal Child Care Development Block Grant Act. Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care.
22.5.1 A licensee shall comply with the DELACARE Regulations - Background Checks For Child-Serving Entities.
22.5.2 A licensee may not employ or retain a person who is prohibited from working in child care in Delaware based on both the State law and the federal Child Care Development Block Grant Act. If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.
22.5.3 The licensee may not employ or retain in any capacity a person convicted of an offense defined as child sexual abuse in 11 Del.C. §8550 or who is on the Child Protection Registry at a Level III or Level IV.
22.5.4 When known, the licensee may not employ or retain in any capacity a person whose child or children are currently removed from this person's custody because of abuse or neglect.
22.5.5 After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations - Background Checks for Child Serving Entities, is entitled to an administrative review for reconsideration.
22.5.5.1 If the person requests an administrative review, the licensee and the person shall be bound by the final eligibility decision of the administrative review.
22.5.5.2 If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.
22.5.5.3 If a person is determined prohibited, the person may not work in child care.
22.6 A licensee shall require staff members to be truthful when providing information to parents or guardians, OCCL, and other State or federal agencies.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-23.0** Adult Health Requirements {#sec-938-23.0 omnilex-key=us-de-regs-official--title-14--938-23.0}
23.1 A licensee shall ensure each staff member and volunteer has a health appraisal that includes verification of the person's ability to perform essential job functions, any reasonable accommodations that may be required, and a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff.
23.1.1 This appraisal must be conducted within one year before a staff member or volunteer's start date.
23.1.2 A licensee shall provide documentation of any known health conditions of the staff member that pose a direct threat to the health and safety of children or others to OCCL to determine whether the health condition creates a significant risk to children.
23.1.3 A licensee shall keep this appraisal in an on-site confidential paper or accessible electronic file.
23.2 A licensee shall ensure a staff member or volunteer with a known contagious communicable disease does not provide personal care to or have direct contact with children. Within 48 hours, a licensee shall inform DPH of a reportable communicable disease. Information regarding the communicable diseases that require reporting are located on DPH's website (currently listed as http://dhss.delaware.gov/dph/dpc/rptdisease.html). Attendance of these staff or volunteers shall be under DPH's direction.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-24.0** Orientation {#sec-938-24.0 omnilex-key=us-de-regs-official--title-14--938-24.0}
24.1 A licensee shall document that all staff members working directly with children receive training in the following topics before working with children:
24.1.1 DELACARE Regulations (related to job duties);
24.1.2 Emergency preparedness, disaster and evacuation plans and procedures;
24.1.3 Procedures for identifying and reporting suspicious behavior or concerns within the camp;
24.1.4 Release of children including procedures for situations listed in Section 21.0 of this regulation;
24.1.5 Positive behavior guidance;
24.1.6 Routine and emergency health care including health exclusions, prevention and recognition of the symptoms of childhood illnesses, including reportable communicable diseases;
24.1.7 Prevention and response to emergencies due to food allergies;
24.1.8 Building and physical premises safety;
24.1.9 Handling and storage of hazardous materials and proper disposal of bio-contaminants;
24.1.10 Child accident and injury procedures;
24.1.11 Administration of medication;
24.1.12 Recordkeeping, including documenting children's attendance and their own attendance;
24.1.13 Sanitation and safety procedures, including procedures to restrict access to children by unauthorized persons;
24.1.14 Photographing or videotaping children;
24.1.15 Transporting children, if applicable;
24.1.16 Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law and reporting requirements, and the camp's procedures to report abuse and neglect; and
24.1.17 Information on federal and State laws or regulations applicable to children and families in care, including non-discrimination.
24.2 The orientation must include the opportunity for staff members to ask questions and receive clarification on their job functions, licensing regulations, and camp policies. When information is revised, a licensee shall ensure staff members are informed of the changes.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-25.0** First Aid and CPR Training {#sec-938-25.0 omnilex-key=us-de-regs-official--title-14--938-25.0}
25.1 A licensee shall ensure all adult staff members have current certifications in first aid and in cardiopulmonary resuscitation (CPR).
25.1.1 The certifications must be appropriate to the ages of the children in care.
25.1.2 Online certifications are acceptable.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-26.0** Personnel Files {#sec-938-26.0 omnilex-key=us-de-regs-official--title-14--938-26.0}
26.1 A licensee shall have an on-site confidential paper or accessible electronic file for each staff member. This file must be available upon request for at least three months after employment ends. Except as noted, all file contents are required at the start of employment and must include the following:
26.1.1 Personal data sheet, completed application, or résumé containing the person's name, date of birth, home address, and phone number;
26.1.2 Date of employment and termination date (as applicable);
26.1.3 Release of employment history form and received Service Letters or documentation showing two requests and follow-up for Service Letters has been made. If the person has not worked or if unable to get at least one completed Service Letter, two reference letters or phone references are required;
26.1.4 Orientation that includes documentation of training in all topics listed in Section 24.0 of this regulation;
26.1.5 Receipt of fingerprinting for adult staff members;
26.1.6 Documentation of qualifications, if applicable;
26.1.7 Drug/Alcohol prohibition acknowledgement;
26.1.8 Comprehensive background check eligibility letter;
26.1.9 Adult abuse registry check;
26.1.10 Health appraisal, as described in subsection 23.1 of this regulation;
26.1.11 Current first aid and CPR certifications for adult staff members;
26.1.12 Administration of medication certificate, if applicable; and
26.1.13 If transporting children, a copy of a current driver's license.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-27.0** Staffing and Qualifications {#sec-938-27.0 omnilex-key=us-de-regs-official--title-14--938-27.0}
27.1 A licensee shall ensure the camp has a qualified camp director who is at least 21 years old and meets one of the following qualifications:
27.1.1 Has completed a course in camping administration such as one offered by a national professional camping association;
27.1.2 Has at least two seasons of previous experience working at a camp; or
27.1.3 Qualified as a school-age administrator or an early childhood administrator with specialized training in school-age care per DELACARE: Regulations for Early Care and Education and School-Age Centers (2020).
27.2 A licensee shall ensure camp counselors are at least 18 years old.
27.3 A licensee shall ensure junior counselors are at least 16 years old and are under the supervision of a camp counselor at all times.
27.4 A licensee shall ensure a camp counselor supervises no more than two junior counselors at one time.
27.5 When campers participate in specialized or high-risk activities such as, but not limited to, horseback riding, hiking, archery, scuba diving, canoeing, and aquatic events, a licensee shall ensure the counselors supervising the activity have evidence of appropriate training and experience in their program specialties.
27.6 A licensee shall ensure aquatic activities, such as, but not limited to, swimming, boating, canoeing, kayaking, and paddle boarding are supervised by individuals currently certified as Red Cross Lifeguards or a nationally recognized equivalent.
27.7 A licensee shall ensure the camp has at least two staff present when more than five school-age children are present.
27.8 A licensee shall ensure watercraft activities are supervised by a minimum of one counselor on the water to each 10 campers in a watercraft. This counselor shall have proof of participation in three white water canoe or raft trips totaling at least 6 hours on the water or at least six hours of practical instruction in survival and stream safety as taught by the American Red Cross or its equivalent; or one counselor must hold a current American Red Cross Small Craft Certificate.
27.9 An individual who is currently certified by a national or regionally acceptable scuba-training program shall supervise scuba diving activities.
27.10 An individual who possesses a current certificate as issued by a national or regional professional archery association shall supervise archery activities.
27.11 Staff members providing care for children may not be given other duties, such as food preparation, or participate in personal activities, such as using a cell phone, that would interfere with providing care to children. A licensee shall ensure providing care is the primary focus for all direct-care staff members during the hours of operation.
27.12 A licensee shall ensure when a camp director resigns or is terminated from employment, a new camp director is hired within 15 business days.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-28.0** Volunteers {#sec-938-28.0 omnilex-key=us-de-regs-official--title-14--938-28.0}
28.1 A licensee shall ensure volunteers are at least 16 years old.
28.2 A licensee shall ensure adult volunteers providing unpaid services are fingerprinted by Delaware State Police before beginning to volunteer and complete a comprehensive background check as described in subsection 22.3.
28.2.1 Adult volunteers who had a comprehensive background check and were determined eligible may be alone with children.
28.2.2 Each adult volunteer's comprehensive background check eligibility letter shall be maintained in an on-site confidential paper or accessible electronic file.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-29.0** Ratios, Group Size, and Supervision {#sec-938-29.0 omnilex-key=us-de-regs-official--title-14--938-29.0}
29.1 A licensee shall ensure supervision of children is provided at all times, except as stated in subsection 29.3 of this regulation. This supervision occurs through the assignment of qualified staff members who are physically present and working with children.
29.2 The licensee shall maintain the minimum staff/child ratio, and maximum group size for each age group as listed in the table below:
29.3 A school-age child may go to the bathroom unattended at a camp without public access. However, a licensee shall ensure that only one child is permitted in the bathroom at a time. A licensee shall ensure children are escorted by a staff member to and from public restrooms.
29.4 For mixed age groups, the staff/child ratio and group size requirements are for the age of the youngest child present.
29.5 During the first 90 minutes and last 90 minutes of the camp's hours of operation the maximum group size may be exceeded by half of the maximum of the group size for that age group.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-30.0** Staff Attendance {#sec-938-30.0 omnilex-key=us-de-regs-official--title-14--938-30.0}
A licensee shall keep a daily written or electronic record of each staff member's exact hours worked including arrival and departure times and group assignments. A licensee shall keep these records for at least three months.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-31.0** Staff Communication {#sec-938-31.0 omnilex-key=us-de-regs-official--title-14--938-31.0}
A licensee shall have and follow an organized system of documented communication among staff. This system must ensure when another staff member assumes responsibility for a child or children, the staff member is informed of significant information, problems, needs, or special circumstances involving a child or children.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-32.0** Parent's Right To Know {#sec-938-32.0 omnilex-key=us-de-regs-official--title-14--938-32.0}
32.1 A licensee shall provide a parent or guardian with information about the person's right to review the camp's licensing record as stated in Title 14 of the Delaware Code.
32.2 As a part of the enrollment inquiry process, a licensee shall require the parent or guardian to read and sign The Parents Right to Know Act form. A licensee shall keep the signed form on file in an organized manner including signed forms for families who do not enroll.
32.3 A copy of the form must be given to the parent or guardian.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-33.0** Child Health Appraisal {#sec-938-33.0 omnilex-key=us-de-regs-official--title-14--938-33.0}
33.1 A licensee shall ensure that before beginning camp, each child's file has a health appraisal conducted within the last 12 months that includes:
33.1.1 A health history;
33.1.2 Physical examination;
33.1.3 Growth and development;
33.1.4 Age-appropriate immunization as described in Appendix IV and V;
33.1.5 Medical information for treatment in case of emergency; and
33.1.6 Recommendations regarding required medication, allergies, restrictions or modifications of the child's activities, diet, or care, if applicable.
33.2 A licensee shall ensure a child whose parent or guardian objects to immunizations on a religious basis or whose health care provider certifies that the immunization may be harmful to the child's health will be exempt from the immunization requirement.
33.2.1 A notarized statement or documentation from a health care provider is required for an exemption related to an immunization being harmful to a child's health.
33.2.2 A licensee shall place this documentation in the child's file.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-34.0** Child Files {#sec-938-34.0 omnilex-key=us-de-regs-official--title-14--938-34.0}
34.1 A licensee shall have an on-site confidential paper or accessible electronic file for each child. A licensee shall have a procedure to ensure that each child's information is kept current and available to staff members responsible for a particular child on a need-to-know basis. This file must be available upon request for at least three months after disenrollment. All file contents are required at enrollment and must include the following:
34.1.1 Child's first and last name, date of birth, address, and parent’s or guardian’s home and cell phone numbers, if applicable;
34.1.2 Parent’s and guardian’s names, places and hours of employment, and work phone numbers, if applicable;
34.1.3 Names and emergency phone numbers for at least two people approved to pick up the child (may include child's parent or guardian);
34.1.4 Name and phone number of the child's health care provider;
34.1.5 Health appraisal and immunization record or notarized religious or medical exemption from immunization;
34.1.6 First and last names of all people approved to pick the child up;
34.1.7 If applicable, copies of court orders on custody and visitation arrangements provided by the parent or guardian;
34.1.8 If applicable, a statement on the child's medical needs, any behavioral interventions that are used, information on allergies, current illnesses or injuries, needed reasonable accommodations, and needed medications;
34.1.9 If applicable, documentation of an IEP when services must be provided during the summer;
34.1.10 Written approvals from parent or guardian for: emergency medical treatment, release of child, and if applicable, special dietary needs, swimming, administration of medication, and transporting the child;
34.1.11 If applicable, administration of medication records and accident and injury reports; and
34.1.12 The Parents Right to Know Form signed by the child's parent or guardian.
34.2 A licensee may not give out or allow the use of a child/family's information without written permission from the parent or guardian to do so, unless required by employees of OCCL or other agencies with responsibility for issues relating to the health, safety, and well-being of children or to determine compliance with contracts for programs such as POC or CACFP.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-35.0** Child Attendance {#sec-938-35.0 omnilex-key=us-de-regs-official--title-14--938-35.0}
35.1 A licensee shall keep an accurate daily written or electronic record of each child's attendance including the exact arrival and departure times and group assignments. A licensee shall keep these records for at least three months.
35.2 At the close of the camp's operation, a licensee shall submit a list of all the children who attended camp to OCCL.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-36.0** Health Observation {#sec-938-36.0 omnilex-key=us-de-regs-official--title-14--938-36.0}
36.1 A licensee shall ensure a staff member trained in recognizing common signs of communicable disease, physical injury, other evidence of ill health as listed in Section 37.0, and signs of child abuse or neglect observes each child on arrival.
36.1.1 A staff member must document specific concerns and observations as well as the steps taken to assist the child and keep this information in the child's file.
36.1.2 A person who suspects child abuse or neglect shall make an immediate report to the Child Abuse Report Line.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-37.0** Child Health Exclusions {#sec-938-37.0 omnilex-key=us-de-regs-official--title-14--938-37.0}
37.1 A licensee may not permit a child who has symptoms of illness listed below to be admitted to or remain at the camp. The child may only return when the symptoms are gone or with documentation from a health care provider, stating the child has been diagnosed and the illness or symptoms pose no serious health risk to the child or to other children. The symptoms for exclusion must include, but not be limited to, the following:
37.2 Temperatures for children must be taken using a non-glass thermometer orally or under the arm or by forehead scan. Rectal and ear temperatures may be taken only by a licensed health care professional.
37.3 A licensee shall ensure that if a child shows signs of ill health, as listed above, the licensee will remove the child from the group of well children to a separate area.
37.3.1 A licensee shall ensure the child's individual needs for rest, comfort, food, drink, and activity are met until a parent or guardian picks up the child or a health care provider/consultant determines that the illness or symptoms pose no serious health risk to the child or to other children.
37.3.2 A licensee shall ensure all items used by an ill child, including rest equipment, bedding, utensils, and toys are cleaned with soap and water and then disinfected before being used by another child.
37.4 A licensee may permit a child to return to the camp when the symptoms are gone, documentation from the child's health care provider states the child has been diagnosed and the illness or symptoms poses no serious health risk to the child or to other children, or the child does not have symptoms for exclusion as listed in the camp's written health exclusion policy.
37.5 A licensee shall ensure parents or guardians are notified when their child has been exposed to a contagious disease or condition.
37.6 A licensee shall report a reportable communicable disease to DPH. For information on these diseases, the licensee shall contact DPH or refer to their website (currently listed as http://www.dhss.delaware.gov/dhss/dph/dpc/rptdisease.html).
37.7 A licensee may not permit a child with a reportable communicable disease to be admitted to or remain at the camp, unless the child's health care provider documents the child has been evaluated and the disease poses no health risk to the child or to others or DPH has advised that the child is not a health risk to others. If the health care provider states the child may return and DPH says the child cannot return, the licensee shall follow DPH's instructions.
37.8 When a health care provider diagnosed a child as having a reportable vaccine-preventable communicable disease, a licensee shall exclude all children not immunized against the disease following DPH's instructions.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-38.0** Administration of Medication {#sec-938-38.0 omnilex-key=us-de-regs-official--title-14--938-38.0}
38.1 A licensee shall ensure a trained staff member, who has received a valid administration of medication certificate from OCCL, is present at all times to provide both scheduled and emergency medications to children in care. A certified staff member shall be present during field trips to administer medication when needed. The administration of medication certificate must be on file at the camp for each certified staff member.
38.1.1 OCCL only allows staff members who are at least 18 years old to be certified to give medication to children. This certification includes passing OCCL's designated test on the information in the Administration of Medication Self-Study Training Guide as described in Appendix VI. Health care providers, nurses, or other qualified medical health personnel are permitted to administer medication to children in a camp without this certification.
38.1.2 Written permission from the child's parent or guardian for each medication to be administered is required.
38.1.3 Unused medication must be returned to the parent or guardian when no longer needed by the child.
38.1.4 A licensee has discretion to designate which staff members shall administer medication.
38.2 A licensee shall ensure that the parent or guardian of a child provides the following information for each medication given:
38.2.1 The name and birth date of the child;
38.2.2 Medication allergies;
38.2.3 Doctor name and phone number;
38.2.4 Pharmacy name and phone number;
38.2.5 Name of medication;
38.2.6 Dosage (amount given);
38.2.7 Time or frequency (when given);
38.2.8 Route of administration, such as oral, eye, nose, mouth, topical, inhalation, injection;
38.2.9 Medication expiration date;
38.2.10 End date (when to stop giving);
38.2.11 Reason for medication; and
38.2.12 Special directions.
38.3 A licensee shall ensure all prescription medication is given as prescribed. Prescription medication must be:
38.3.1 Stored securely and out of children's reach;
38.3.2 Refrigerated, if applicable, in a closed container separate from food;
38.3.3 In its original container and labeled with directions on how to give or use it;
38.3.4 Current and has not expired;
38.3.5 Given only to the child who has been prescribed the medication, verified by the child's name on the container; and
38.3.6 Given to the child according to the dosage and administration instructions on the medication container. If no dosage or administration information is listed on the container, such information must be provided in writing by the child's health care provider.
38.4 A licensee shall ensure non-prescription medication is given as written on the container's instructions, or as otherwise instructed in writing by the child's health care provider. Non-prescription medication must be:
38.4.1 Stored securely and out of children's reach;
38.4.2 Refrigerated, if applicable, in a closed container separate from food;
38.4.3 In its original container and properly labeled with directions on how to give or use it;
38.4.4 Current and has not expired; and
38.4.5 Labeled with the child's name.
38.5 A licensee shall keep a written record of medication administered to children recorded on the Medication Administration Record (MAR) including each medication dosage, time administered, by whom administered, adverse effects observed, and medication errors.
38.5.1 Medication errors include giving the wrong medication, giving the wrong dose, failing to give the medication, giving medication to the wrong child, giving the medication by the wrong route, or accidental spills of medication.
38.5.2 Adverse effects or errors in administering must be immediately reported to the parent or guardian.
38.5.3 When known, a licensee shall notify OCCL when unwanted effects or errors in administering medication result in death or medical treatment as described in subsection 11.1.
38.5.4 Documentation of administration of medication must be placed in the child's file or in a central administration of medication log and kept while the child is enrolled in the camp.
38.6 A licensee may administer medication to a child who has a medical need during child care hours that requires the administration of medication by a non-intravenous injection. In addition to the requirements in subsection 38.2, the parent or guardian shall provide the licensee with the following information, when medication is administered by non-intravenous injection:
38.6.1 Written parent or guardian permission for the camp to provide the requested medical care; and
38.6.2 A written statement from the child's health care provider stating:
38.6.2.1 The specific medication by injection needed by the child;
38.6.2.2 That for the child's health, the requested medication by injection must be administered during the hours the child attends the camp;
38.6.2.3 That the requested medication by injection may be appropriately administered at the camp by non-medical child care staff; and
38.6.2.4 Whether any additional training is necessary for non-medical staff members to administer the medication or medical care appropriately. If additional training is required, the health care provider shall provide instructions including information about: the type of training, who may provide such training (which may include the child's parent or guardian), and any other instructions needed to provide the requested medication by injection.
38.6.2.4.1 If additional training is required, the licensee shall identify staff members who are certified to administer medication and have them complete the additional training specified by the child's health care provider. Such training must be completed in a reasonable time based on the availability of such training.
38.6.2.4.2 The licensee shall keep documentation of this training with the child's MAR and inform the parent or guardian in writing which staff members are authorized and trained to perform the requested medication by injection. This information must be updated as needed.
38.6.2.4.3 The licensee shall ensure that at least one staff member, who is trained as required by subsection 38.6.2.4.1 to provide the requested medical care, is present at the camp at all times while the child is present.
38.6.2.5 A school-age child may self-administer medical care, as described in Section 38.0, with written parent or guardian permission and written health care provider permission. These permissions must indicate the child is able to safely self-administer the prescribed medical care, identify and select the correct medicine and dosage, if applicable, and administer the medical care at the correct time and frequency. The licensee shall keep documentation of these permissions with the child's MAR. A staff member with a current administration of medication certificate shall be present during the self-administration and document all information required on the MAR, including that the medication was self-administered by the child.
38.7 The administration of medication may be required under State and federal laws, including but not limited to the Americans with Disabilities Act and the Delaware Equal Accommodations Law. If an agency, administrative body, court, or other entity responsible for enforcing Federal, State, and local laws and regulations makes a finding that the refusal of a licensee to administer medication is a violation of the law, OCCL shall take appropriate enforcement action consistent with Section 10.0, due to licensee's failure to comply with subsection 12.2.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-39.0** Child Accident and Injury {#sec-938-39.0 omnilex-key=us-de-regs-official--title-14--938-39.0}
39.1 When known, a licensee shall ensure if a child in care has an accident or injury, a staff member provides assistance to protect the child from further harm.
39.1.1 For a serious or potentially serious injury, a licensee shall ensure the parent or guardian is notified immediately after staff members have assisted the child and contacted an ambulance, if needed.
39.1.1.1 Serious injury means any impact or injury to a child's face or head, or any physical injury that creates a substantial risk of death or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of a body part.
39.1.1.2 For serious or potentially serious injuries, a licensee shall document when the parent or guardian was informed or when calls were made to the parent or guardian or emergency contact, but no one answered.
39.1.2 A less serious accident or injury requires parent or guardian notification before the child leaves for the day.
39.1.3 A licensee shall complete and keep a written accident or injury report for each incident in the child's file or a central log for the camp.
39.1.3.1 A licensee shall ensure the report includes the name of the child, date of injury, description of the injury, how it occurred, first aid or medical care provided, and the signature of a parent, guardian, or other person who has been approved for release of the child.
39.1.3.2 A copy of the signed report shall be provided to the parent, guardian, or other person who has been approved for release of the child on the day of the accident/injury or within one business day.
39.2 If a child has a medical event, such as a seizure, asthma attack, or severe allergic reaction, the parent or guardian shall be notified immediately after assisting the child and contacting an ambulance, if needed.
39.3 When known, the licensee shall notify OCCL when an accident or injury results in death or medical/dental treatment other than first aid provided at the camp, as described in subsection 11.1.
PART IV PHYSICAL ENVIRONMENT AND SAFETY
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-40.0** Hazardous Materials, Maintenance Supplies, and Garbage {#sec-938-40.0 omnilex-key=us-de-regs-official--title-14--938-40.0}
40.1 A licensee shall ensure containers of poisonous, toxic, or hazardous materials are:
40.1.1 Labeled with the contents;
40.1.2 Used only in the manner and under the conditions that will not contaminate food or constitute a hazard to children or to staff; and
40.1.3 Stored in a locked storage space accessible only to staff.
40.2 A licensee shall ensure materials required for routine cleaning and maintenance are stored out of children's reach and used in a safe manner.
40.3 The storage of flammable liquids and gases is not to be permitted except as allowed by the Office of the Fire Marshal.
40.4 A licensee shall ensure saws, power tools, lawn mowers, toilet plungers, toilet brushes, and other maintenance and janitorial equipment are inaccessible to children.
40.5 A licensee shall ensure the buildings, structures, and the campsites are free of an infestation of rodents, insects, or vermin.
40.5.1 If pesticides are used, a licensee shall ensure they are used according to the instructions listed on the label.
40.5.2 Children may not be present when pesticides are applied.
40.6 A licensee shall ensure garbage and trash are stored securely in non-combustible, covered containers.
40.6.1 Indoor containers must be emptied at least daily to an outdoor receptacle and kept clean.
40.6.2 Outdoor trash/garbage containers that do not contain a plastic liner must be inaccessible to children, emptied at least weekly, and, with the exception of dumpsters, cleaned as needed.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-41.0** Equipment {#sec-938-41.0 omnilex-key=us-de-regs-official--title-14--938-41.0}
41.1 A licensee shall provide developmentally-appropriate equipment and materials for activities.
41.1.1 There must be enough supplies and equipment to allow children the opportunity to choose activities or materials.
41.1.2 There must be a system of sharing high demand items, such as computers, when they cannot be supplied to all children.
41.2 A licensee shall ensure toys and equipment used by the children are sturdy, safely assembled, hazard-free, and not recalled. Toys and equipment may not cause children to become trapped or have rough edges, sharp corners, pinch and crush points, splinters, or exposed bolts.
41.3 A licensee shall take the following measures to prevent hazards to children in care:
41.3.1 To prevent cuts, abrasions, and punctures, equipment, materials, and other objects on the premises that have sharp edges, protruding nails, bolts, or other dangers must be repaired, removed, or made inaccessible to children. Sharp edges on natural wooden equipment must be sanded;
41.3.2 To prevent burns, equipment, materials, or products that may be hot enough to injure a child must be made inaccessible to children;
41.3.3 To prevent sheering, crushing, or pinching, broken or cracked equipment, materials, and objects must be repaired, removed, or made inaccessible to children;
41.3.4 To prevent entrapment, freezers, refrigerators, washers, dryers, compost bins, and other entrapment dangers must be inaccessible to children unless being actively supervised;
41.3.5 To prevent tripping, uneven indoor walkways, damaged flooring or carpeting, or other tripping hazards must be removed or repaired;
41.3.6 To prevent injuries and death, large objects that pose a risk of falling or tipping must be securely anchored. Large objects include, but are not limited to, televisions, dressers, bookshelves, wall cabinets, sideboards or hutches, and wall units; and
41.3.7 To prevent injuries, equipment in poor condition (rusty parts, flaking paint, or other dangers) must be repaired, removed, or made inaccessible to children.
41.4 A licensee shall ensure equipment and materials are selected or adapted to allow all children, including a child with disabilities or other special needs, to benefit from the program.
41.5 A licensee shall ensure screen time activities, such as watching television, using a gaming device, tablet, phone, or computer, are age-appropriate and supervised by a staff member.
41.6 A licensee shall ensure equipment and supplies are relevant to the cultural background and community of all children and raise awareness of other cultures and communities.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-42.0** Indoor Area {#sec-938-42.0 omnilex-key=us-de-regs-official--title-14--938-42.0}
42.1 A licensee shall ensure every building and structure is constructed, used, furnished, maintained, and equipped in compliance with all applicable requirements established by federal, State, local and municipal regulatory bodies. A licensee shall have written certification of compliance from the appropriate regulatory bodies governing zoning, building construction, safety, sanitation, fire code, and the Department of Health and Social Services' Office of Drinking Water for well water.
42.2 A licensee shall show evidence of security procedures that ensures access to children is limited to authorized people.
42.3 A licensee shall ensure all building areas are in good repair and in a clean and safe condition. Floors, walls, counter surfaces, and toilets must be clean and in good repair.
42.4 A licensee shall ensure 35 square feet of indoor usable floor space is available and used for each child during inclement weather or when participating in indoor activities, when the camp is in operation.
42.5 A licensee shall ensure natural or artificial light is provided in each indoor area so that children can be supervised and that children can freely participate in activities.
42.6 A licensee shall ensure every exit, exit access, and exit discharge is free of obstruction at all times. All closets must be provided with doors that can be readily opened from both sides.
42.7 A licensee shall ensure multi-purpose (ABC) type fire extinguishers each with a minimal rating of 2A are spaced within 50 feet of all areas of a room and the building when children are using indoor space.
42.8 A licensee shall ensure the following:
42.8.1 The water temperature does not exceed 120 °F from faucets and other sources accessible to children;
42.8.2 All sinks supply hot and cold or tempered water under pressure at all times;
42.8.3 Use of portable sinks is prohibited; and
42.8.4 All plumbing complies with State and local plumbing codes.
42.9 A licensee shall ensure heating and cooling equipment, hot water pipes, or radiators are safely shielded or insulated to prevent the injury of children.
42.10 Heating, cooling, and plumbing equipment must be properly installed, cleaned, and maintained to operate safely.
42.11 Floor or window fans and cords must be inaccessible to children and have a safety certification mark from a nationally recognized testing laboratory such as Underwriters Laboratories or Electro-Technical Laboratory.
42.12 A licensee shall ensure firearms or ammunition are not on the camp's premises. This regulation does not apply to law enforcement officers in the performance of their official duties.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-43.0** Kitchen and Food Preparation {#sec-938-43.0 omnilex-key=us-de-regs-official--title-14--938-43.0}
43.1 If meals or snacks are prepared at the camp, a licensee shall ensure a kitchen or food preparation area is provided with the necessary operable equipment to prepare, store, serve, and clean-up all meals and snacks for children and staff.
43.2 A camp that does not prepare meals or snacks on-site is exempt from subsections 43.3 through 43.10.
43.2.1 There may be no food preparation in the facility, except for heating up foods brought from children's homes in the microwave.
43.2.2 When food preparation is not permitted, a licensee shall ensure utensils and dishware are single-service and discarded after each use.
43.3 The minimum kitchen requirements for camps that prepare and serve meals and snacks are:
43.3.1 One refrigerator;
43.3.2 Three-compartment sink; or
43.3.3 Two-compartment sink and sanitizing basin; or
43.3.4 Automatic warewashing machine (Commercial grade dishwasher); and
43.3.5 Separate hand-washing sink;
43.3.6 Range or cooktop;
43.3.7 Oven or microwave; and
43.3.8 Food storage areas.
43.4 The minimum kitchen requirements for camps that prepare and serve only snacks are:
43.4.1 Refrigerator;
43.4.2 Three-compartment sink; or
43.4.3 Two-compartment sink and sanitizing basin; or
43.4.4 Automatic warewashing machine (Commercial grade dishwasher); and
43.4.5 Separate hand-washing sink.
43.5 A licensee shall ensure a kitchen or food preparation area has floors, walls, and counter surfaces that are easily cleanable and non-porous.
43.6 A licensee shall ensure a camp has a refrigerator or coolers with icepacks to keep perishable food, including meals and snacks prepared at home, cold at 41 °F or colder, and food stored in a freezer frozen at 0 °F or colder.
43.6.1 A working thermometer must be in refrigerators and freezers.
43.6.2 Unused freezer compartments in mini-refrigerators do not need a thermometer.
43.7 A licensee shall ensure food provided and prepared by the camp complies with the camp's written policy on nutritional quality.
43.8 A licensee shall ensure the food is clean, wholesome, and free from spoilage and contamination, and safe to eat.
43.8.1 Prepared food items must be correctly labeled with the contents and date of preparation.
43.8.2 Prepared food that is served to a child and not eaten must be thrown away and not given to another child.
43.9 Food storage areas and appliances must be cleanable and free of food particles, dust, and dirt.
43.9.1 All food items must be stored off the floor.
43.9.2 Food must be stored separately from cleaning materials.
43.9.3 Food must be stored in closed or sealed containers that are labeled with the contents and expiration date.
43.10 A licensee shall ensure the kitchen or food preparation area is constructed and supervised to prevent children's access unless a staff member is conducting an educational activity within this area.
43.11 A licensee shall ensure that all food taken on a trip will not spoil without refrigeration and remains safe to eat. After four hours, a licensee shall ensure food without refrigeration is discarded.
43.12 For a camp offering cooking classes, a licensee shall ensure the following:
43.12.1 Children's hands are washed before they begin to prepare food and immediately after touching any raw meat, poultry, seafood, or eggs.
43.12.2 Children are not permitted to wear loose clothing, and long hair that may catch fire or get caught must be secured while cooking.
43.12.3 Pot handles are turned inwards.
43.12.4 Children are informed about the dangers of touching hot items.
43.12.5 Knives are only used by children under supervision by an adult.
43.12.6 Children do not remove items from the oven without proper oven mitts and supervision.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-44.0** Water {#sec-938-44.0 omnilex-key=us-de-regs-official--title-14--938-44.0}
A licensee shall ensure sanitary drinking water is always available to children on their request or available for self-service as appropriate.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-45.0** Toilet Facilities {#sec-938-45.0 omnilex-key=us-de-regs-official--title-14--938-45.0}
45.1 A licensee shall ensure a camp has enclosed toilet rooms. Each toilet room must have at least one sink supplied with hot and cold or tempered water under pressure and one operable window or ventilation fan. All door locks, if present, must be designed to permit staff members to open the locked door readily.
45.2 A licensee shall ensure the camp has at least one working sink and one working toilet for every 25 campers.
45.2.1 Unless staff members have separate toilet facilities, they will be counted using the one toilet per 25 campers' ratio.
45.2.2 Urinals may be counted as half of a toilet if placed at a height as to be accessible to the age and size of the population served, provided the population served includes a significant number of people who use urinals, and that a minimum of two flush toilets are available and accessible to people of all genders.
45.2.3 If gender-segregated toilet facilities are used, individuals should be allowed use of facilities that are consistent with their gender identity.
45.3 A licensee shall ensure liquid soap, toilet paper, and paper towels or a mechanical hand dryer are available at all times in the toilet rooms.
45.4 A licensee shall ensure toilet rooms have a covered trash can.
45.5 A licensee shall ensure toilet rooms are kept in a sanitary condition and cleaned daily or more frequently if needed. All surfaces in a toilet room must be smooth, cleanable, and non-absorbent.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-46.0** Soiled Clothing {#sec-938-46.0 omnilex-key=us-de-regs-official--title-14--938-46.0}
46.1 The licensee shall keep a supply of extra clothing available for campers when needed if not provided by a parent or guardian.
46.2 A licensee shall ensure soiled or wet clothing is placed in a sealed plastic bag that is labeled with the child's name and sent home with the child at the end of the day.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-47.0** Sanitation {#sec-938-47.0 omnilex-key=us-de-regs-official--title-14--938-47.0}
47.1 A licensee shall ensure that areas and equipment listed in subsection 47.2 are washed with soap and water and then disinfected as required. For sanitizing and disinfecting, a licensee shall ensure one of the following is used: an EPA-registered product, a commercially prepared product, or a bleach and water solution. If a bleach and water solution is used, it must be prepared daily.
47.1.1 A licensee shall follow the manufacturer's instructions for use.
47.1.2 These products must be labeled with the contents.
47.1.3 Their instructions for use must be available at all times.
47.2 A licensee shall ensure staff members wash with a soap and water solution and then disinfect the following equipment, items, or surfaces, as listed in the table in this subsection:
47.3 A licensee shall ensure that after each use, mops are rinsed, disinfected, wrung dry, and hung to dry.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-48.0** Hand Washing {#sec-938-48.0 omnilex-key=us-de-regs-official--title-14--938-48.0}
48.1 A licensee shall ensure staff members and children wash their hands with soap and running water, including when gloves have been worn, and use paper towels or a mechanical hand dryer, as listed in the table in this subsection:
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-49.0** First Aid Kits {#sec-938-49.0 omnilex-key=us-de-regs-official--title-14--938-49.0}
49.1 A licensee shall have at least one complete first aid kit in a location accessible to staff members but not to children.
49.2 A first aid kit must be taken on field trips.
49.3 Items required to be in the first aid kit are as follows:
49.3.1 Disposable non-porous gloves;
49.3.2 Scissors;
49.3.3 Tweezers;
49.3.4 Flexible rolled gauze;
49.3.5 Bandage tape;
49.3.6 Instant cold pack or frozen ice pack;
49.3.7 Eye patch or eye pad;
49.3.8 Safety pins;
49.3.9 A non-glass thermometer to measure a child's temperature;
49.3.10 Current American Academy of Pediatrics (AAP) standard first aid chart or equivalent first aid guide;
49.3.11 Small plastic, metal, or wooden finger splints;
49.3.12 Non-medicated adhesive strip bandages;
49.3.13 Liquid soap;
49.3.14 Bottled water;
49.3.15 Sterile gauze pads;
49.3.16 Triangular bandage or sling;
49.3.17 Pen/pencil and note pad;
49.3.18 Plastic bags for gauze and other materials used in handling blood; and
49.3.19 If going off-site, emergency and other needed medication; and
49.3.20 If going off-site, list of emergency phone numbers, parent’s or guardian’s home and work phone numbers, and the Poison Control phone number.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-50.0** Standard Precautions {#sec-938-50.0 omnilex-key=us-de-regs-official--title-14--938-50.0}
50.1 A licensee shall ensure Standard Precautions are used to protect against disease and infection. Spills of bodily fluids (i.e. urine, feces, blood, saliva, and discharges from the nose, eyes, an injury, or other tissue) must be cleaned up immediately, as follows:
50.1.1 For vomit, urine, and feces on a surface including the floors, walls, toilet rooms, tabletops, toys, the area must be immediately cleaned with soap and water and then disinfected.
50.1.2 For blood, blood-containing fluids, and tissue discharges, a licensee shall ensure staff members avoid exposure of open skin sores or mucous membranes, wear non-porous gloves, clean the area with soap and water, and then disinfect the area.
50.1.3 Bloody material must be put in a plastic bag, tied securely, and thrown away. Bloody clothing must be placed in a plastic bag, tied securely, and returned to the child's parent or guardian at pick up.
50.1.4 Mops must be cleaned, rinsed, disinfected, wrung, and hung to dry.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-51.0** Outdoor Area {#sec-938-51.0 omnilex-key=us-de-regs-official--title-14--938-51.0}
51.1 A licensee shall ensure the following:
51.1.1 Structures, fences, equipment, and the grounds are maintained in a clean and safe condition;
51.1.2 Outdoor areas that are used while it is dark have appropriate lighting;
51.1.3 Grounds drain naturally or through installed drainage systems so there is no standing water on the premises. Standing water after a storm must drain within 48 hours;
51.1.4 All areas determined to be unsafe including steep grades, cliffs, open pits, high voltage boosters, propane gas tanks, streets or roads, driveways, railroad tracks, or parking lots are fenced off, have natural barriers to protect children, or procedures to protect children when fencing or a natural barrier is not present;
51.1.5 Uncovered wells, septic tanks, wastewater, wastewater tanks, below grade storage tanks, farm manure ponds or other similar hazards are inaccessible to children using a physical barrier with a locking mechanism;
51.1.6 The growth of brush, weeds, grass and plants shall be controlled in central camp areas to prevent harborage of ticks, chiggers, and other insects of public health importance; and
51.1.7 The camp area shall be maintained to prevent growth of ragweed, poison ivy, poison oak, and other noxious plants considered detrimental to health.
51.2 A licensee shall ensure that raised areas on the premises, other than stairways, over two feet, such as porches, elevated walkways, and elevated play areas, have walls or barriers to prevent falls over the open side. The walls or barriers must be at least 36 inches tall.
51.3 A licensee shall ensure stairways, over four steps indoors and outdoors, have handrails at a maximum height of 38 inches that are safe for children and adults.
51.4 A licensee shall ensure when the activity schedule includes outdoor activities children have access to an outdoor play area with at least 75 square feet per child.
51.5 A licensee shall ensure the outdoor play area is on-site, next to, or within a close safe walking distance of the camp.
51.5.1 This play area must have a shaded rest area for children.
51.5.2 Staff members shall inspect outdoor areas before children begin to play to ensure there are no hazards present and play equipment is safe for use.
51.5.3 Outdoor sandboxes must be kept in a safe and clean manner including being covered when not in use. Other play areas containing sand must be kept in a safe and clean manner.
51.5.4 Use of outdoor trampolines at the camp is prohibited.
51.6 A licensee shall ensure the protective surface of the outdoor play area beneath and in the fall zones of climbing equipment, slides, swings, and similar equipment is of approved resilient material, which absorbs falls.
51.6.1 A licensee shall ensure the fall zone depth and materials follow the instructions as listed in the most recent publication of the Consumer Product Safety Commission's (CPSC's) Handbook for Public Playground Safety regarding critical heights of tested materials located on CPSC's website. Only pea gravel shall be acceptable as cover for the outdoor play area if using a gravel or stone-like surfacing.
51.6.2 A licensee shall ensure protective surfaces of the fall zone as listed in the chart of this subsection extend at least six feet in all directions from the equipment. For swings, a licensee shall ensure the protective surfacing extends, in back and front, twice the height of the suspending bar unless otherwise directed by CPSC or other recognized authority on playground safety.
51.7 A licensee shall ensure outdoor play equipment is securely anchored unless portable by design.
51.7.1 A licensee shall ensure this play equipment is in good repair and placed with regard for safe use.
51.7.2 A licensee shall ensure this play equipment includes equipment for vigorous play and large muscle activity and meets the diverse needs and abilities of children served.
51.8 A licensee shall ensure a rooftop or elevated play space above the first floor is protected by a non-climbable, secure, and hazard-free barrier that is at least seven feet in height.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-52.0** Swimming Pools and Natural Swimming and Diving Areas {#sec-938-52.0 omnilex-key=us-de-regs-official--title-14--938-52.0}
52.1 A licensee shall ensure an individual currently certified as a Red Cross Lifeguard or a nationally recognized equivalent is on duty and supervising swimming activities.
52.2 Non-filtered wading pools are prohibited.
52.3 A licensee shall ensure permanent or built-in swimming pools, filtered wading pools, and hot tubs are inaccessible to children when not in use by using a physical barrier with a locking mechanism.
52.4 A licensee shall ensure swimming, diving areas, and bathing places at the camp are operated and maintained in accordance with DPH regulations pertaining to swimming pools and bathing places.
52.5 A licensee shall ensure life-saving equipment is readily accessible during water activities if a pool or body of water is six feet or more in any direction and two feet or more in depth. Life-saving equipment may include a ring buoy and rope, a rescue tube, or a throwing line and a shepherd's hook that will not conduct electricity.
52.6 For a camp that uses a natural diving or swimming area, a licensee shall ensure the following:
52.6.1 Hazards are assessed and eliminated or clearly marked before a camper swims, dives, or bathes at a natural diving or swimming area;
52.6.2 Swimmers are not subjected to a dangerous condition such as a strong current, a sharp drop-off, a quicksand bottom, or rough surf;
52.6.3 Water is free from known dangerous aquatic life;
52.6.4 The bottom is free from known hazardous debris, sharp stones, and sharp shells;
52.6.5 Swimming, diving, and boating areas are clearly marked or roped off; and
52.6.6 Diving and swimming programs are conducted at separate times or in separate areas from boating programs.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-53.0** Campfires {#sec-938-53.0 omnilex-key=us-de-regs-official--title-14--938-53.0}
53.1 A licensee shall ensure that campfires are only created in a fire pit or structure that is designed for the express purpose of safely containing a campfire. The perimeter of the fire pit must be defined and clearly visible to children, such as by rocks, a metal ring, or bricks.
53.2 A licensee shall ensure campfires are not located within 50 feet of any building.
53.3 A licensee shall ensure there is a clearly visible boundary at least three feet away from the outer edge of the fire pit or structure containing the fire.
53.3.1 This boundary may be defined by a rope, large rocks, or seating area of logs or camp chairs.
53.3.2 The area within the three-foot boundary must:
53.3.2.1 At all times be clear of tripping hazards such as bags or other materials; and
53.3.2.2 Have space between the logs, camp chairs, or other seating so that children and adults may easily move in and out of the seating area.
53.4 A licensee shall ensure campfires are built and extinguished according to safe fire practices provided by the U.S. Forest Service at: https://smokeybear.com/en/prevention-how-tos/campfire-safety.
53.5 A licensee shall ensure that campfires are not built during periods of high fire danger in the area.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-54.0** Optional Specialized Activities {#sec-938-54.0 omnilex-key=us-de-regs-official--title-14--938-54.0}
54.1 A licensee offering archery activities shall meet the following requirements:
54.1.1 For a camp offering archery activities, a licensee shall ensure the archery range is:
54.1.1.1 Located where a camper will not wander into the danger area while it is in use;
54.1.1.2 Clearly marked to warn individuals away from the danger area; and
54.1.1.3 The shooting area has at least 50 yards of clearance or an archery net behind each target.
54.1.2 A licensee shall ensure the instructor inspects bows, bowstrings, and arrows to ensure they are in good repair before use.
54.1.3 A licensee shall ensure the instructor requires archers to fire from a common firing line with a ready line marked behind it.
54.1.4 A licensee shall ensure targets are set a distance from the firing line that is appropriate to the skill level of the camper.
54.1.5 A licensee shall ensure the instructor only allows an archer who is ready to shoot on the firing line and non-shooters are behind the ready line.
54.1.6 A licensee shall ensure an individual stays behind the firing line at all times except when told by the instructor to retrieve an arrow or target.
54.1.7 A licensee shall ensure the bows and arrows are stored in a locked enclosure.
54.1.8 A licensee shall ensure the instructor requires that children:
54.1.8.1 Do not point the bow with an arrow at someone else;
54.1.8.2 Do not fire until directed to do so;
54.1.8.3 Do not draw and release an empty bow; and
54.1.8.4 Always point arrows down range.
54.2 A licensee offering boating or other watercraft activities shall meet the following requirements:
54.2.1 A licensee shall ensure that each person wears a Personal Flotation Device approved by the U.S. Coast Guard for that particular activity while on the water.
54.2.2 A licensee shall ensure campers have at least an American Red Cross Advanced Beginner Swimming Certificate, American Red Cross Survival Swimming Certificate, or its equivalent before being allowed to participate in salt water boating activities.
54.2.3 A licensee shall ensure that each watercraft is in good repair before use.
54.2.4 A licensee shall ensure a watercraft towing a water skier, tuber, or towable has an adult observer on board in addition to the driver.
54.2.4.1 Ropes used to tow must be at least 100 feet in length.
54.2.4.2 A licensee shall ensure the operator keeps a safe distance from docks, other boats, bulkheads, and shorelines when towing someone behind a boat.
54.2.5 A licensee shall ensure an individual using a watercraft has been trained in boarding, debarking, and safety procedures for the craft.
54.3 A licensee offering horseback riding activities shall meet the following requirements:
54.3.1 A licensee shall ensure a riding instructor determines a camper's riding experience and level of skill before assigning a horse and deciding whether the camper rides in a ring or on a trail.
54.3.2 A licensee shall ensure a rider wears:
54.3.2.1 Protective headgear at all times that is properly fitted and fastened and bears the label of the American Society for Testing and Materials (ASTM); and
54.3.2.2 Shoes with closed toes and heels or shoes with closed toes and uses closed stirrups.
54.3.3 A licensee shall ensure the instructor inspects the riding areas to ensure there is no dangerous terrain and is present during the activity.
54.3.4 A licensee shall ensure the instructor requires that:
54.3.4.1 Children are fitted for proper saddles; and
54.3.4.2 Children are informed that sudden unexpected movements, loud sudden noises, large crowds, other animals, wasp and other insects, and camera flashes can frighten a horse and lead to injuries by being thrown off or being kicked by a horse.
54.4 A licensee offering rock climbing or high ropes activities shall meet the following requirements:
54.4.1 A licensee shall ensure children wear appropriately sized harnesses, close-toed shoes, and helmets to participate.
54.4.2 A licensee shall ensure the instructor inspects the course, harnesses, and helmets to ensure they are in good repair and safe for use.
54.4.3 For high ropes activities, a licensee shall ensure children are not permitted to participate if they cannot reach the top rope or cable while standing on the bottom rope or cable.
54.5 For a camp offering any other activity not listed that could be considered high-risk of injury to children, a licensee shall contact OCCL in advance of permitting the activity to determine whether additional safety measures are required.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-55.0** Riding Toys {#sec-938-55.0 omnilex-key=us-de-regs-official--title-14--938-55.0}
55.1 A licensee shall ensure bicycles, scooters, and other riding toys are the appropriate size for the child.
55.2 A licensee shall ensure riding toys are in good condition, free of sharp edges or protrusions that may injure a child, and not motorized.
55.3 A licensee shall ensure children wear approved safety helmets while riding bicycles and using wheeled equipment (roller blades, skateboards, scooters, etc.).
55.3.1 A licensee shall ensure children do not share helmets unless cleaned between users by wiping the lining with a damp cloth.
55.3.2 A licensee shall ensure children remove their helmets as soon as children stop riding wheeled equipment.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-56.0** Pets and Domestic Animals {#sec-938-56.0 omnilex-key=us-de-regs-official--title-14--938-56.0}
56.1 A licensee shall ensure pets, horses, or other domestic animals kept by or located on the camp's premises are cared for in a safe and sanitary manner.
56.2 A licensee shall keep proof of vaccination as required by State law (currently this is rabies vaccinations for dogs and cats).
56.3 A licensee shall not keep animals as pets that are poisonous or aggressive or that are known to be carriers of illnesses, such as ferrets, turtles, iguanas, lizards or other reptiles, psittacine birds or birds of the parrot family, or animals who are sick with a disease that may be spread to humans.
56.4 A licensee shall ensure pets and animals do not come into contact with children's food, while it is prepared or served.
56.5 A licensee shall ensure that children do not have access to animal waste or litter boxes.
56.6 A licensee shall inform parents or guardians of animals or pets kept or brought into the camp.
56.7 Children may handle animals only with adult supervision.
56.8 Horses and other domestic animals shall not be permitted at the pool or food service areas.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-57.0** Stable Sanitation {#sec-938-57.0 omnilex-key=us-de-regs-official--title-14--938-57.0}
57.1 A licensee shall ensure horses or other farm animals are not permanently quartered within 500 feet of living quarters, kitchens, or other places where food is prepared, cooked, or served.
57.2 A licensee shall ensure a temporary shelter, corral, tie-rail, or hitching post is not located within 200 feet of dining hall, kitchen, or other place where food is prepared, cooked, or served.
57.3 A licensee shall ensure the stable area has toilet facilities for campers, employees, and visitors if toilet facilities are not conveniently located nearby.
57.4 A licensee shall ensure manure is not allowed to remain for more than 24 hours at temporary shelters, corrals, tie-rails, or hitching posts.
57.5 A licensee shall ensure manure from permanent and shelter quarters is removed at least twice weekly. Interim storage shall be in fly-tight enclosures or an area isolated from camp activity.
57.6 A licensee shall ensure adequate measures are taken at all times to keep fly, mosquito, and rodent populations to a minimum.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-58.0** Transportation {#sec-938-58.0 omnilex-key=us-de-regs-official--title-14--938-58.0}
58.1 Use of a vehicle, other than a school bus, with a rated capacity as defined by the manufacturer, to carry more than 10 passengers in addition to the driver to transport children is prohibited. A licensee shall ensure 12-15 passenger vans are not used to transport children. Passenger includes the driver.
58.2 A licensee shall ensure when transporting children that the driver, when volunteering or employed by the camp, and vehicle, when owned or leased by the camp, comply with all applicable federal and State laws.
58.2.1 The driver shall be at least 21 years old.
58.2.2 The driver shall have a valid driver's license that authorizes the driver to operate the vehicle being driven.
58.2.3 The driver shall have a comprehensive background check confirming eligibility to be alone with children during transport.
58.3.4 The driver may not transport more children and adults than the vehicle's capacity.
58.3 A licensee shall ensure that companies contracted by the camp to provide transportation services to children follow applicable State and federal laws.
58.4 A licensee shall ensure each child is secured in an individual safety restraint system appropriate to the age, weight, and height of the child at all times while the vehicle, other than a school bus, is in motion.
58.4.1 Safety restraints must be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard.
58.4.2 Child safety restraints must be installed and used as determined by the manufacturer and vehicle's instruction manual.
58.4.3 Safety restraints must be kept in a safe working condition and free of recall.
58.5 A licensee shall ensure vehicles used to transport children have and use the following:
58.5.1 A working heater capable of keeping an interior temperature of at least 50 °F;
58.5.2 Air-conditioning to reduce the interior temperature when it exceeds 82 °F (school buses are exempt);
58.5.3 A working phone;
58.5.4 Flares;
58.5.5 Reflectors;
58.5.6 A first aid kit; and
58.5.7 A dry chemical fire extinguisher approved by Underwriters Laboratory.
58.6 A licensee shall ensure children are loaded and unloaded at the vehicle's curbside or in a protected parking area or driveway.
58.7 A licensee shall ensure all doors are locked when the vehicle is moving.
58.8 A licensee shall have written parent or guardian permission for transportation provided by the camp.
58.9 A licensee shall ensure children are never alone in the vehicle and that the vehicle is visually checked at the final location so that no child is left behind.
58.10 A licensee shall ensure children's heads and limbs remain inside the vehicle during transport.
58.11 A licensee may not transport children in the open back of a truck.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-59.0** Field Trips {#sec-938-59.0 omnilex-key=us-de-regs-official--title-14--938-59.0}
59.1 A licensee shall have and follow a plan to keep track of children at all times during field trips.
59.2 A licensee shall have written parent or guardian permission before taking a field trip. The permission must state the location and date of the trip and the type of transportation, if applicable.
59.3 Medical consent forms and emergency contact information for all children, a first aid kit as described in these regulations, and a working phone must accompany staff on trips and outings. Children must have tags or other means of providing the camp's name and phone number.
PART V OVERNIGHT REQUIREMENTS
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-60.0** Sleeping Accommodations {#sec-938-60.0 omnilex-key=us-de-regs-official--title-14--938-60.0}
60.1 A licensee shall ensure in all permanent buildings, structures, or tents, children and staff members are provided a minimum of 50 square feet of floor area per person for sleeping space with at least two feet between each bunk.
60.2 A licensee shall ensure each child is provided with a bed, cot, or bunk with a mattress and sturdy frame that is at least 12 inches off the floor.
60.3 A licensee shall ensure mattresses are clean, vermin- and insect-free, non-porous, and cleaned and disinfected before another camper uses the mattress.
60.4 A licensee shall ensure that buildings used as sleeping quarters have a minimum ceiling height of seven feet.
60.5 A licensee shall ensure that where double-deck bunk beds are used there is at least 27 inches from the top bunk to the bottom bunk and a minimum of 36 inches from the top bunk to the ceiling.
60.6 A licensee shall ensure campers have their own space for clothing and personal belongings.
**History**
- *25 DE Reg. 172 (08/01/21)*
##### **14 Del. Admin. Code § 938-61.0** Bathing and Hand-Washing Facilities {#sec-938-61.0 omnilex-key=us-de-regs-official--title-14--938-61.0}
61.1 A licensee shall ensure that hand-washing facilities are located within 300 feet of each building or structure used for sleeping.
61.2 A licensee shall ensure that one hand-washing unit is provided for every 25 campers.
61.3 A licensee shall ensure one showerhead is provided for every 15 campers.
61.3.1 Shower heads must be spaced at least 30 inches apart to provide a minimum of 6 square feet of floor area per unit.
61.3.2 Hot and cold or tempered water must be supplied to a shower.
61.3.2.1 Whenever hot water is supplied, the hot water temperature must be maintained between 90 °F and 120 °F.
61.3.2.2 A water heater must be equipped with the following:
61.3.2.2.1 Pressure relief valve and high-temperature limit control;
61.3.2.2.2 Vacuum relief valve; and
61.3.2.2.3 Anti-scald protection on a hot water line going to a shower or bathtub.
61.4 A licensee shall ensure a shower wall and ceiling is constructed of solid, nonabsorbent, and easily cleanable materials.
61.5 A licensee shall ensure a shower floor is:
61.5.1 Constructed of nonabsorbent, skid resistant, easily cleanable materials; and
61.5.2 Constructed to slope toward proper floor drains, with provisions to prevent pooling of water or overflow to adjacent floor areas.
61.6 A licensee shall ensure a shower partition or shower curtain is provided to prevent splash from stall-type showers.
61.7 A licensee shall ensure a soap storage area or non-glass soap dish is provided adjacent to a showerhead.
61.8 A licensee shall ensure a dry dressing space with clothes hanging facilities is provided at a shower facility.
61.9 A licensee shall ensure a non-absorbent wall, extending from the floor to the ceiling or roof, separates facilities for both sexes in the same building.
61.10 A licensee shall ensure facilities are plainly designated boys or girls using universal symbols or words.
61.11 A licensee shall ensure a shower room is provided with a door or sight barriers to afford privacy.
61.12 A licensee shall ensure children's privacy is preserved while they are bathing or showering. A staff member shall be immediately available to ensure the child's safety.
APPENDICES:
APPENDIX I
Youth Camp Appendix I - License Application
https://regulations.delaware.gov/AdminCode/title14/900/Youth Camp Appendix I - License Application.pdf
APPENDIX II
Youth Camp Appendix II - Variance Request
https://regulations.delaware.gov/AdminCode/title14/900/Youth Camp Appendix II - Variance Request.pdf
APPENDIX III
Youth Camp Appendix III - Child Meal Patterns
https://regulations.delaware.gov/AdminCode/title14/900/Youth Camp Appendix III - Meal Patterns.pdf
APPENDIX IV
Youth Camp Appendix IV - Immunizations Birth-6
https://regulations.delaware.gov/AdminCode/title14/900/Youth Camp Appendix IV - Immunizations Birth-6.pdf
APPENDIX V
Youth Camp Appendix V - Immunizations 7-18
https://regulations.delaware.gov/AdminCode/title14/900/Youth Camp Appendix V- Immunizations 7-18.pdf
APPENDIX VI
Youth Camp Appendix VI - Administration of Medication
https://regulations.delaware.gov/AdminCode/title14/900/Youth Camp Appendix VI - Administration of Medication.pdf
**History**
- *25 DE Reg. 172 (08/01/21)*
### **940** Early Admission to Kindergarten for Gifted Students (Repealed)
##### **14 Del. Admin. Code § 940** Early Admission to Kindergarten for Gifted Students (Repealed) {#sec-940 omnilex-key=us-de-regs-official--title-14--940}
This regulation was repealed, effective November 11, 2010.
**History**
- *8 DE Reg. 1479 (04/01/05)*
- *14 DE Reg. 459 (11/01/10)*
## **1000** Student Activities
### **1001** Participation in Extra Curricular Activities (Repealed)
##### **14 Del. Admin. Code § 1001** Participation in Extra Curricular Activities (Repealed) {#sec-1001 omnilex-key=us-de-regs-official--title-14--1001}
This regulation was repealed, effective January 11, 2024.
**History**
- *1 DE Reg. 173 (08/01/97)*
- *6 DE Reg. 279 (09/01/02)*
- *10 DE Reg. 1433 (03/01/07)*
- *15 DE Reg. 1714 (06/01/12)*
- *23 DE Reg. 113 (08/01/19)*
- *27 DE Reg. 522 (01/01/24)*
### **1006** Delaware Interscholastic Athletic Association (DIAA) (Repealed)
##### **14 Del. Admin. Code § 1006** Delaware Interscholastic Athletic Association (DIAA) (Repealed) {#sec-1006 omnilex-key=us-de-regs-official--title-14--1006}
This regulation was repealed, effective September 11, 2022.
**History**
- *1 DE Reg. 725 (12/01/97)*
- *6 DE Reg. 280 (09/01/02)*
- *7 DE Reg. 1692 (06/01/04)*
- *9 DE Reg. 117 (07/01/05)*
- *11 DE Reg. 1632 (06/01/08)*
- *15 DE Reg. 69 (07/01/11)*
- *19 DE Reg. 1085 (06/01/16)*
- *22 DE Reg. 56 (07/01/18)*
- *22 DE Reg. 469 (12/01/18)*
- *23 DE Reg. 376 (11/01/19)*
- *23 DE Reg. 1024 (06/01/20)*
- *24 DE Reg. 538 (12/01/20)*
- *25 DE Reg. 706 (01/01/22)*
- *26 DE Reg. 182 (09/01/22)*
### **1008** DIAA Junior High and Middle School Interscholastic Athletics
##### **14 Del. Admin. Code § 1008-1.0** Definitions, National Federation of State High School Associations, Conferences, Contracts, and Equivalency Rules {#sec-1008-1.0 omnilex-key=us-de-regs-official--title-14--1008-1.0}
1.1 Definitions
The following words and terms, when used in this regulation, shall have the following meaning:
“Administrative Head of School” means the chief or head individual in charge of the school traditionally referred to or generally known as the principal or headmaster.
“Attendance zone” means the geographical area set by law or the governing body of a public school that entitles a student to attend a certain public school.
“Board” means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Chapter 3.
“Competition” means an event, contest, scrimmage, or play day in which students or school teams compete either to determine a winner or for practice purposes.
“Department” means the Delaware Department of Education.
“Guardian” or “legal guardian” means an individual who legally has responsibility for the care and management of the student during the student’s minority. The relationship is a legal one and must be created by a court order signed by a judge, commissioner, or master of a court of competent jurisdiction.
“Individualized Education Program” or “IEP” means a written statement for a Child with a Disability as defined in 14 DE Admin. Code 922.
“Legally in attendance” means present at school as determined by a pre-established written policy adopted by the local school board or governing body of the school.
“Member School” means a full or associate member school of the DIAA.
“Play day” means a preseason event involving a series of scrimmages held during the legal practice period for that sport season involving multiple Member Schools.
“Principal” or “headmaster” means the Administrative Head of School and includes but is not limited to Head of School, Administrator, Executive Director, or Charter Head.
"Receiving school" means the school a student transfers to after leaving their previous school.
“Relative caregiver” means an adult who by blood, marriage or adoption is the child's great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, niece, nephew, first cousin or first cousin once removed but who does not have legal custody or legal guardianship of the student.
“School day” or “school days” means actual school attendance days during the regular academic school year including a partial day that students are in attendance at school for instructional purposes as adopted by the district or governing body of the school not to include weekends, holidays, summer school, etc.
“Scrimmage” means an informal competition between schools in which a final score is not kept, the time periods are permitted to be modified, the results of the competition are not reported to the media, the coaches are permitted to interrupt the play to provide instruction, and the competition is strictly for practice purposes.
"Sending school" means the school a student transfers from to go to a different school.
“State Board” means the State Board of Education pursuant to 14 Del.C. §104.
“Student with a Disability” means a “Child with a Disability” as that term is defined in 14 DE Admin. Code 922 or a qualified person with a disability under Section 504 of the Rehabilitation Act of 1973.
“Superintendent” means the chief school officer of a school district.
"Transfer" means the student has officially withdrawn from the sending school and has officially enrolled in the receiving school in accordance with the receiving school's established registration process.
1.2 National Federation of State High School Associations
1.2.1 DIAA is affiliated with the National Federation of State High School Associations (NFHS). The playing rules, codes of conduct, sanctions, and guidelines in the NFHS rules books are adopted except as modified by the Board.
1.2.1.1 The playing rules of the United States Tennis Association and the United States Golf Association are adopted for the sports of tennis and golf, respectively, except as modified by the Board.
1.2.1.2 In addition to the playing rules, codes of conduct, sanctions, and guidelines in the NFHS rules book, the playing rules of US Lacrosse are adopted for girls’ lacrosse except as modified by the Board.
1.3 Conferences
1.3.1 Member Schools may establish voluntary conference organizations that may be composed of public and nonpublic schools. When established, a conference they must submit its proposed membership and its constitution and bylaws to the Board and be approved by the Board before the schools may enter into any contractual agreements.
1.3.1.1 All subsequent amendments to the constitution and bylaws of the conference must be compatible with all provisions of the DIAA Regulations; interpretations and rulings of the Executive Director, Sportsmanship Committee, and Board; state tournament regulations; and DIAA approved playing codes.
1.4 Contracts
1.4.1 Contracts between DIAA Member Schools and between DIAA Member Schools and full member schools of comparable state associations are encouraged but not required.
1.4.1.1 Conference master contracts are approved substitutes for individual contracts.
1.4.1.2 A signed individual contract or conference master contract shall be hand-delivered or mailed to the DIAA office. Without a signed individual contract or conference master contract that is delivered or postmarked prior to the date of the contest in question, a Member School has no right of appeal to the Executive Director or the Board as provided in subsection 1.4.4.
1.4.2 Contracts between DIAA Member Schools and nonmember or associate member schools of comparable state associations are required.
1.4.2.1 A copy of the signed contract must be either received by the Executive Director or postmarked prior to the contest for which the agreement was drawn up. Failure to file a signed contract as prescribed shall result in the DIAA Member School being assessed a $50 fine.
1.4.2.2 A Member School has no right of appeal to the Executive Director or the Board as provided in subsection 1.4.4 unless a signed individual contract is in place and is delivered or postmarked prior to the date of the contest in question.
1.4.3 Contracts shall be interchanged according to the following provisions:
1.4.3.1 Contracts on the accepted form shall be arranged by the competing schools for each season's interscholastic athletic contests.
1.4.3.2 Contracts shall be drawn up by the facility manager or other designated staff member of the home school of the earlier contest.
1.4.4 If a game is not played, it shall be considered a “no contest.” Notwithstanding the above, if a signed individual contract or conference master contract was received in the DIAA office or postmarked prior to the contest in question and one of the participating schools breached the agreement, the non-breaching school may appeal for a forfeit to the Executive Director or the Board. If the Executive Director or Board finds a forfeit is appropriate, the no contest shall be replaced with the forfeit.
1.5 Equivalency Rules
1.5.1 A full Member School shall not participate in a scrimmage or contest with an in-State middle school that is not a member in good standing of DIAA.
1.5.2 A full Member School shall not participate in a scrimmage or contest with an associate or nonmember school of another state association unless the opposing school, as part of a written contract, certifies that its contestants are eligible under the rules of its home state association.
1.5.3 An associate Member School shall not participate in a scrimmage or contest with an in-State school that is not a member in good standing of DIAA unless the opposing school complies with the conditions specified in subsection 1.5.2. However, the opposing school shall be exempt from those rules which DIAA has waived for its associate Member School.
1.5.4 Member Schools shall not participate in a practice, scrimmage, or contest with a nonschool sponsored team.
1.5.5 Member Schools shall not participate in a practice, scrimmage, or contest with a non-middle school team.
1.5.6 Member Schools shall not participate in a practice, scrimmage, or contest with elementary, high school or college-aged students. This provision shall not apply to games played against the alumni or faculty of the school when the game is sponsored by school authorities.
1.5.7 All schools participating in a scrimmage must consider the event to be a scrimmage and cannot count the results as part of their regular season results. Teams are limited to 3 scrimmages or play days total on 3 competition dates each season.
1.5.8 A school which participates in a game against an illegal opponent shall be required to forfeit the contest and be assessed a $500 fine.
**History**
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 395 (11/01/18)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *11 DE Reg. 1639 (06/01/08)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *7 DE Reg. 1692 (06/01/04)*
- *9 DE Reg. 124 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *14 DE Reg. 1184 (05/01/11)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *21 DE Reg. 717 (03/01/18)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *23 DE Reg. 122 (08/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
##### **14 Del. Admin. Code § 1008-2.0** Eligibility: No Student Shall Represent a School in an Interscholastic Scrimmage or Contest if the Student Does Not Meet the Following Requirements {#sec-1008-2.0 omnilex-key=us-de-regs-official--title-14--1008-2.0}
2.1 Eligibility, Grades and Age
2.1.1 The junior high and middle school interscholastic program shall include grades 6 to 8, inclusive. No junior high or middle school student who has completed a season at the junior high or middle school level shall compete in the same sport at the senior high school level during the same school year. A junior high or middle school student who participates in a varsity or sub varsity game at the high school level shall be ineligible to participate at the junior high or middle school level in the same sport. This does not prohibit an eighth grade school student attending a school approved to play eighth grade students at the high school level from trying out for a varsity or sub varsity sport at the high school level.
2.1.1.1 Eighth grade students who become 15 years of age on or after June 15 immediately preceding the school year in a school terminating in the eighth grade shall be eligible for all sports during the current school year provided all other eligibility requirements are met.
2.1.1.2 Permission shall be granted for 15 year old eighth grade students in a school terminating in the eighth grade who are ineligible for junior high or middle school competition to participate in the district high school athletic program provided they meet all other eligibility requirements. In determining the age of a contestant, the birth date as entered on the birth record of the Bureau of Vital Statistics shall be required and shall be so certified on all eligibility lists.
2.1.2 Requests for waiver of the age requirement shall be considered only for participation on an unofficial, nonscoring basis in noncontact sports.
2.2 Eligibility, Residence
2.2.1 With the exception of boarding school students, a student must be living with the student’s custodial parents, legal guardians, or relative caregiver in the attendance zone of the school which the student attends in order to be eligible for interscholastic athletics in that school. In cases of joint custody, the custodial parent shall be the parent with actual physical placement as determined by court action. In the case of shared placement or where residential placement has not been determined by a court, the parent or parents must commit to sending the student to a particular school for the year. Maintaining multiple residences in order to circumvent this requirement shall render the student ineligible.
2.2.1.1 A student who, pursuant to established school board policy or administrative procedure, remains in a school they have been attending after their legal residence changes to the attendance zone of a different school in the same school district, may exercise, prior to the first official student day of the subsequent academic year, a 1 time election to remain at their current school and thereby not lose athletic eligible. If a student chooses to remain at their current school and then transfers to the school in a new attendance zone on or after the first official student day of the subsequent academic year, the student shall be ineligible under subsection 2.3.
2.2.1.2 A student who changes residence to a different attendance zone after the start of the last marking period and, pursuant to established school board policy or administrative procedure, is granted permission to continue attending their present school, the student shall retain their athletic eligibility in that school for the remainder of the school year provided all other eligibility requirements are met.
2.2.1.3 A student may be residing outside of the attendance zone of the school which they attend if the student is participating in the School District Enrollment Choice Program as authorized by 14 Del.C. Ch. 4.
2.2.1.4 A student who is a nonresident of Delaware may be eligible if the student’s custodial parent or legal guardian is employed full-time by a public school district in Delaware and the student attends school in the district in accordance with 14 Del.C. §607.
2.2.1.5 Notwithstanding subsection 2.2.1, a student shall be eligible at a public school if the student is enrolled in accordance with 14 Del.C. §202(f), the Relative Caregivers School Authorization.
2.2.1.5.1 An exception would be a student whose relative caregiver does not provide the documentation required by the Relative Caregivers School Authorization (proof of relation and proof of full time care) but is permitted to register on the basis of a petition for the transfer of guardianship. A student who registers on the basis of a petition for the transfer of guardianship is not eligible to scrimmage or compete until the relative caregiver has provided the aforementioned required documentation or has received a signed court order designating them as the student’s legal guardian.
2.2.1.6 Notwithstanding subsection 2.2.1, a student who is homeless as defined in the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. §11434a(2) shall be eligible to participate at the public school in which the student is enrolled.
2.2.1.7 For purposes of eligibility, a student who is placed within the custody of the Department of Services for Children, Youth and Their Families (DSCYF) is eligible to participate in interscholastic athletics immediately at the school the student attends.
2.3 Eligibility, Transfers
2.3.1 Purpose. The intent of the Junior High and Middle School Transfer Rule is to deter students from transferring schools for athletic purposes, to help discourage recruitment, and to reduce the opportunity for undue influence to be exerted by persons who seek to benefit from a student's athletic talent. DIAA recognizes that, because of the number of transfers that occur each year, it is difficult to carry out that intent if an individualized determination is required for all students who transfer schools. The exceptions in subsection 2.3.3 of this regulation involve circumstances in which establishing a hardship for eligibility purposes is not required; strict enforcement of the rule will not serve to accomplish the purpose of the rule; the spirit of the rule will not be offended or compromised; the principle of educational balance over athletics will not be offended or compromised; and there is no safety risk to teammates or competitors.
2.3.2 Junior High and Middle School Transfer Rule. Unless 1 of the exceptions found in subsection 2.3.3 of this regulation applies, a student who has previously participated in interscholastic athletics that transfers to a DIAA Member School shall be ineligible in all sports for a period of 90 school days commencing with the first day of official attendance in the receiving school.
2.3.3 Exceptions to the Junior High and Middle School Transfer Rule
2.3.3.1 A student, the student's family, and the student's receiving school are not required to submit a waiver request and establish the conditions for granting a waiver set forth in 14 DE Admin. Code 1020, including hardship, and the period of ineligibility shall not apply if the student meets 1 of the following exceptions and the student's transfer was not for athletic advantage as provided in subsection 2.3.5 of this regulation:
2.3.3.1.1 McKinney-Vento Act (Homeless Students). The period of ineligibility shall not apply if the transfer is the result of the student becoming homeless as defined in the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. §11434a(2).
2.3.3.1.2 Transfer Because of Administrative Assignment. The period of ineligibility shall not apply if the transfer is within a school district and is approved by the district's Superintendent pursuant to established school board policy or administrative procedure. This subsection shall not apply if the student is enrolled in a traditional public, vocational, or charter school through the School District Enrollment Choice Program and transfers to the student's feeder pattern school within the district unless the student satisfies the conditions stipulated in subsections 2.3.3.1.9.1 through 2.3.3.1.9.4. For the purpose of this subsection, a student's feeder pattern consists of the public schools in which the student would normally be enrolled based on the student's place of residence. This subsection shall also not apply if the student is enrolled in a traditional public, vocational, or charter school through the School District Enrollment Choice Program and transfers to a different traditional public, vocational, or charter school within the district through the program.
2.3.3.1.3 No previous interscholastic athletic participation. A student who has not previously participated in interscholastic athletics, is released by a proper school authority from a sending school, has completed the registration process at the receiving school, and is pursuing an approved course of study shall be eligible immediately upon registration provided the student meets all other DIAA eligibility requirements.
2.3.3.1.4 Transfer Due to Court Action. A student may transfer without loss of athletic eligibility if the transfer is caused by court action, court action being an order from a court of law affecting legally committed students. In the case of a transfer of guardianship or custody, the transfer shall be the result of a court order signed by a judge, commissioner, or master of a court of competent jurisdiction. A petition for the transfer of guardianship or custody, an affidavit (except as permitted by subsection 2.3.3.1.5 of this regulation), or a notarized statement signed by the affected parties shall not be sufficient to render the student eligible to participate in interscholastic athletics.
2.3.3.1.4.1 Sole, Joint, or Shared Custody. In cases of sole, joint, or shared custody once a primary residence is established, a change in the student's primary residence without court action renders the student ineligible unless one of the other exceptions in subsection 2.3.3 of this regulation applies.
2.3.3.1.4.2 DSCYF Custody. For the purposes of eligibility, a student placed within DSCYF custody is eligible to participate in interscholastic athletics immediately at the school the student attends.
2.3.3.1.5 Transfer Based Upon Relative Caregivers School Authorization. A student may transfer without loss of athletic eligibility if the transfer is based upon the submission of a Caregivers School Authorization in accordance with 14 Del.C. §202(f). An exception would be a student whose caregiver does not provide the documentation required by the Relative Caregivers School Authorization (including proof of relationship and proof of full time care) but is permitted to register on the basis of a petition for the transfer of guardianship. A student who registers on the basis of a petition for the transfer of guardianship is not eligible to scrimmage or compete until the caregiver has provided a custody or guardianship petition to the receiving school in accordance with 14 Del.C. §202(f)(1).
2.3.3.1.6 Transfer Due to Change of Residence. The transfer is the result of a change in residence by the custodial parents, legal guardians, or relative caregiver to the attendance zone of a public school that student was not attending. If, as a result of the change of residence, the student could now enroll in a different public school, the student may make a 1-time election and select any school including a private school. A change in residence has occurred when all occupancy of the previous residence has ended and a new legal residence has been established. Maintaining dual residency for purposes of athletic eligibility shall render the student ineligible.
2.3.3.1.7 Transfer under Unsafe School Choice Policy. A student may transfer without loss of athletic eligibility if the student attends a persistently dangerous school or is the victim of a violent felony while in or on the grounds of a school in which the student is enrolled and the student opts to transfer to a safe school in the same school district in accordance with 14 DE Admin. Code 608 Unsafe School Choice Option Policy.
2.3.3.1.8 Transfers with Fewer Than 90 Days Left in Academic Year. If a student transfers with fewer than 90 school days left in the academic year, the student shall be ineligible for the remainder of the school year but shall be eligible beginning with the subsequent fall sports season provided the student is in compliance with all other eligibility requirements.
2.3.3.1.9 Transfers after the Close of an Academic Year and Prior to the Start of a New Academic Year. The period of ineligibility shall not apply if the transfer is after the close of the sending school's academic year and prior to the first official student day of the receiving school's academic year provided:
2.3.3.1.9.1 The student has completed the registration process at the receiving school prior to the first official student day of the academic year. The first official student day shall be defined as the first day on which students in any grade in that school are required to be in attendance.
2.3.3.1.9.2 The student has not attended class, excluding summer school, or participated in a scrimmage or contest at the sending school since the close of the previous academic year.
2.3.3.1.9.3 The student's legal residence is located in the attendance zone of the receiving school.
2.3.3.1.9.4 All other DIAA eligibility requirements have been met.
2.3.4 Transfer Because of a Financial Hardship. If a waiver of the Junior High and Middle School Transfer Rule is requested due to a financial hardship, the parents, legal guardians, or relative caregiver is responsible for providing documentation to the Board to support the request.
2.3.4.1 Documentation for Financial Hardship. Documentation for financial hardship shall include:
2.3.4.1.1 Proof of extreme financial hardship caused by significant and unexpected reduction in income or increase in expenses; and
2.3.4.1.2 A statement from the principals or headmasters of both the sending and receiving schools that the student is not transferring for athletic advantage as that term is used in subsection 2.3.5 of this regulation.
2.3.5 Transfers for Athletic Advantage. The exceptions listed in subsection 2.3.3 of this regulation shall not apply if the transfer was for athletic advantage. If the student transfers for athletic advantage, the student may still request a waiver of the transfer rule. A transfer for athletic advantage includes but is not limited to any transfer where the primary reason for the student's transfer was for any of the following:
2.3.5.1 To seek a superior team;
2.3.5.2 To seek a team more compatible with the student's abilities;
2.3.5.3 Dissatisfaction with the student's position or playing time;
2.3.5.4 The student follows the coach to another school to which the coach has transferred;
2.3.5.5 Dissatisfaction with the philosophy, policies, methods, or actions of a coach or administrator pertaining to interscholastic athletics;
2.3.5.6 To avoid disciplinary action imposed by another state athletic association; or
2.3.5.7 To avoid disciplinary action imposed by the sending school related to or affecting interscholastic athletic participation.
2.3.6 Transfers under the School District Enrollment Choice Program (14 Del.C. Ch. 4)
2.3.6.1 If a student is enrolled in a public or private school and transfers to a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program, the student shall be eligible immediately provided the transfer occurs after the close of the sending school's academic year and prior to the first official student day of the receiving school's academic year and the student meets all other eligibility requirements.
2.3.6.2 If a student is enrolled in a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program and transfers to a different traditional public, vocational, or charter school outside of the student's feeder pattern through the program, the student shall be ineligible to participate in interscholastic athletics during the student's first year of attendance at the receiving school.
2.3.6.2.1 A waiver request is not required and the period of ineligibility under subsection 2.3.2 shall not apply if the student meets all other eligibility requirements and:
2.3.6.2.1.1 One of the exceptions to the Junior High and Middle School Transfer Rule as provided in subsection 2.3.3 applies; or
2.3.6.2.1.2 The student wishes to participate in an interscholastic sport that was not offered at the sending school.
2.3.6.3 If a student is enrolled in a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program and transfers to a private or public school, the student shall be immediately eligible provided the transfer occurs after the close of the sending school's academic year and the student meets all other eligibility requirements.
2.3.6.4 For the purpose of this subsection, a student's feeder pattern consists of the public schools in which the student would normally be enrolled based on the student's place of residence.
2.4 Eligibility, Amateur Status
2.4.1 A student may not participate in an interscholastic sport unless they are considered an amateur in that sport. A student forfeits their amateur status if they do any of the following:
2.4.1.1 Knowingly plays on or against a professional team which is defined as a team having 1 or more members who have received or are receiving directly or indirectly monetary consideration for their athletic services.
2.4.1.2 Signs a professional contract, accepts reimbursement for expenses to attend a professional tryout, or receives financial assistance in any form from a professional sports organization.
2.4.1.3 Enters competition under an assumed name. The surname and given name used by any player in the first game of interscholastic competition shall be used during the remainder of the student's interscholastic career. Any change in spelling or use of another name shall be regarded as an attempt to evade this rule unless the change has been properly certified by the player to the principal or headmaster of the school.
2.4.1.4 Receives remuneration of any kind or accepts reimbursement for expenses in excess of the actual and necessary costs of transportation, meals, and lodging for participating in a team or individual competition or an instructional camp or clinic. Reimbursement for the aforementioned expenses is permitted only if all of the participants receive the same benefit.
2.4.1.5 Receives cash or a cash equivalent (savings bond, certificate of deposit, etc.), merchandise (except as permitted by subsection 4.1.4) or a merchandise discount (except for discount arranged by school for part of team uniform) a reduction or waiver of fees, a gift certificate, or other valuable consideration as a result of their participation in an organized competition or instructional camp or clinic. Accepting an event program or a complimentary item (T shirt, hat, equipment bag, etc.) that is inscribed with a reference to the event, has an aggregate retail value of no more than $150, and is provided to all of the participants, shall not jeopardize the student’s amateur status.
2.4.1.6 Sells or pawns awards received.
2.4.1.7 Uses their athletic status to promote or endorse a commercial product or service on the internet; in a newsprint, radio, or television advertisement or any other form of media; or personal appearance.
2.4.2 Accepting compensation for teaching lessons, coaching, or officiating shall not jeopardize their amateur status.
2.4.3 A student who forfeits their amateur status under the provisions of this rule is ineligible to participate at the interscholastic level in the sport in which the violation occurred. They may be reinstated after a period of up to 180 school days provided that during the suspension, they comply with all of the provisions of this rule. The suspension shall date from the time of the last offense.
2.5 Eligibility, Passing Work
2.5.1 The intent of the Passing Work Rule is to promote educational standards, underscore the educational values of participating in interscholastic athletics, encourage appropriate academic performance, and allow the use of interscholastic participation as a motivator for improved classroom performance.
2.5.2 In order to be eligible for participation in interscholastic athletic contests and scrimmages, a student must pursue a regular course of study or its equivalent as approved by the local governing body, and must be passing at least 4 full-year courses. Two of those courses must be in the areas of English, Mathematics, Science, World Language or Social Studies. A student who is receiving special education services and is precluded from meeting the aforementioned academic requirements due to modifications in the grading procedure or course of study, shall be adjudged eligible by the principal or headmaster if the student is making satisfactory progress in accordance with the requirements of their Individualized Education Program (IEP).
2.5.3 A student whose work in any regular marking period does not meet the above standards shall be ineligible to participate in an interscholastic athletic contest or scrimmage for the next marking period.
2.5.3.1 In the case of a conflict between the marking period grade and the final grade, the final grade shall determine eligibility.
2.5.3.2 The final accumulation of passed coursework shall determine eligibility for the first marking period of the following school year. When a student makes up a failure or earns the required passing grades during the summer, the student shall become eligible provided the student successfully completed the course work prior to the first official student day of the school year.
2.5.3.3 Written verification of the successful completion of a correspondence course must be received before a student shall regain eligibility.
2.5.4 A student forfeits or regains eligibility, in accordance with the provisions of this rule, on the day when marking period grades are issued or published. The calendar used to establish when marking period grades are issued or published must be established by the governing body of the school prior to the start of the school year.
2.5.5 Local school boards and nonpublic schools may establish more stringent requirements for academic eligibility than the minimum standards herein prescribed.
2.6 Eligibility, Years of Participation
2.6.1 The intent of the Years of Participation Rule is to promote timely progress toward graduation by discouraging students from delaying or interrupting their junior high or middle school education; to disallow students to enroll for 1 semester each school year to increase athletic ability and skill; to promote equality of competition; to diminish risks stemming from unequal competition; and to place emphasis on the academic mission of the school. In addition, the intent of the rule is to help prevent redshirting; to avoid exploitation by coaches who might otherwise seek to obtain transfers or to delay a student's normal progress through school; and to prevent displacement of younger student-athletes by older student-athletes who wish to unfairly prolong their junior high or middle school careers.
2.6.2 Years of Participation Rule
2.6.2.1 Students enrolled in a grade below the sixth grade shall not be permitted to practice, scrimmage, or compete on junior high or middle school interscholastic teams.
2.6.2.2 Schools Which Allow Students in Grades 6, 7, and 8 to Participate
2.6.2.2.1 Participation in interscholastic athletics on the part of a sixth grade student shall be at the discretion of the student's school.
2.6.2.2.1.1 Sixth grade students shall not be permitted to participate in football unless the conference develops a classification system that is approved by the Board.
2.6.2.2.1.2 If a student attends a school that competes in football but has not developed a Board approved classification system, the student shall have 4 consecutive semesters of eligibility (2 consecutive opportunities) to play football from the first time the student enters the seventh grade.
2.6.2.2.2 No student shall represent a school in an interscholastic athletic contest or scrimmage after 6 consecutive semesters from the date of the student's first entrance into the sixth grade in schools which permit students in grades 6, 7 and 8 to participate in interscholastic athletics unless a waiver is granted.
2.6.2.2.3 No student shall have more than 3 opportunities to participate in a fall sport or combination of fall sports, in a winter sport or combination of winter sports, or in a spring sport or combination of spring sports.
2.6.2.3 Schools Which Allow Students in Grades 7 and 8 to Participate
2.6.2.3.1 No student shall represent a school in an interscholastic athletic contest or scrimmage after 2 consecutive school years from the date of the student's first entrance into the seventh grade in schools which restrict participation in interscholastic athletics to students in grades 7 and 8 unless a waiver is granted.
2.6.2.3.2 No student shall have more than 2 opportunities to participate in a fall sport or combination of fall sports, in a winter sport or combination of winter sports, or in a spring sport or combination of spring sports.
2.6.2.4 Participation shall be defined as taking part in a school sponsored practice, scrimmage, or contest on or after the first allowable date for practice in that sport.
2.6.2.5 In the event that a student transfers between the types of schools described in subsections 2.6.2.2 and 2.6.2.3, the student shall not represent a school in interscholastic contests or scrimmages after 6 consecutive semesters from the date of student's first entrance into sixth grade unless a waiver is granted.
2.6.3 Waiver of the Years of Participation Rule
2.6.3.1 "Hardship" shall be defined as extenuating circumstances peculiar to the student athlete caused by unforeseen events beyond the election, control, or creation of the student athlete, the student's family, and the student’s school which (1) deprive the student of all or part of one of the student's opportunities to participate in a particular sports season; (2) preclude the student from completing the academic requirements for graduation within the normal period of eligibility; and (3) deprive the student of all or part of one of the student's opportunities to participate in a particular sport. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness, or accidents, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration.
2.6.3.1.1 A waiver shall not be granted under this subsection where DIAA finds that the student was academically eligible pursuant to DIAA's minimum passing work standards but was ineligible to participate under more stringent locally adopted academic standards and where the local school board has adopted its own waiver or exemption policy.
2.6.3.1.2 A clear and direct causal relationship must exist between the alleged hardship condition and the failure of the student to complete the academic requirements for promotion within the normal period of eligibility and the loss of all or part of 1 of the student's opportunities to participate in a particular sports season.
2.6.3.1.3 The burden of proof rests with the student in conjunction with the waiver process as described in 14 DE Admin. Code 1020. Claims of extended illness, debilitating injury, emotional stress, etc. must be accompanied by appropriate documentation. Evidence must be submitted to verify that the student or their parents, legal guardians, or relative caregiver sought assistance to ameliorate the effects of the hardship condition.
2.7 Student Eligibility Report Forms
2.7.1 Member schools shall use eligibility forms approved by the Executive Director. A copy of the original eligibility report and subsequent addenda must be either received by the Executive Director or postmarked prior to the first contest for which the students listed are eligible. Failure to file an eligibility report as prescribed shall result in a $50 fine against the school.
2.7.2 In the case of a student who met all DIAA eligibility requirements but was omitted from the eligibility report due to administrative or clerical error, the student shall be adjudged eligible and the school assessed a $25 fine.
2.8 Use of an Ineligible Athlete:
2.8.1 If a school uses an ineligible athlete, the administrative head or their designee shall notify the opposing school or event sponsor, in the case of a tournament or meet, and the Executive Director in writing of the violation and the forfeiture of the appropriate games, matches or points won.
2.8.2 The deliberate or inadvertent use of an ineligible athlete in the sports of soccer, football, volleyball, field hockey, basketball, baseball, softball, and lacrosse shall require the offending school to forfeit the contests in which the ineligible athlete participated.
2.8.2.1 If the infraction occurs during a tournament, the offending school shall be replaced by its most recently defeated opponent. Teams eliminated prior to the most recently defeated opponent shall not be allowed to reenter the tournament. Team and individual awards shall be returned to the event sponsor and team and individual records and performances shall be nullified.
2.8.2.2 The offending school may appeal to the DIAA Board of Directors for a waiver of the forfeiture penalty. If the forfeiture penalty is waived, the offending school shall be reprimanded and fined a minimum of $200 but no more than $1,000 and referred to the DIAA Sportsmanship Committee for consideration of further action unless the athlete or their parents or legal guardians knowingly withheld information or provided false information that caused them to be eligible for interscholastic competition. The burden of proof, in both cases, rests entirely with the offending school. A forfeit shall constitute a loss for the offending school and a win for its opponent for purposes of standings. A forfeit shall be automatic and not subject to refusal by the offending school's opponent.
2.8.3 The deliberate or inadvertent use of an ineligible athlete in the sports of cross country, wrestling, swimming, track, golf, and tennis shall require the offending school to forfeit the matches won and points earned by the ineligible athlete or by a relay team of which they were a member. The points contributed by an ineligible athlete to their team score shall be deleted and the contest score as well as any affected placements will be adjusted according to the rules of that sport.
2.8.3.1 If the infraction occurs during a tournament, the ineligible athlete shall be replaced by the athlete’s most recently defeated opponent or next highest finisher. Contestants eliminated prior to the most recently defeated opponent shall not be allowed to reenter the tournament.
2.8.3.2 Individual awards earned by the ineligible athlete and team awards, if necessary because of adjustments in the standings, shall be returned to the event sponsor. Individual records and performances by the ineligible athlete shall be nullified.
2.8.4 If an ineligible athlete participates in interscholastic competition contrary to DIAA rules but in accordance with a temporary restraining order or injunction against their school or DIAA, and the injunction is subsequently vacated, stayed, or reversed, or the courts determine that injunctive relief is not or was not justified, or the injunction expires without further judicial determination, the penalties as stipulated in subsections 2.8.1 and 2.8.2 shall be imposed.
2.8.5 The intentional use of an ineligible athlete by a Member school or repeated indifference to its responsibility to determine the eligibility of its athletes will subject the school to additional penalties which may include suspension for the number of days up to the length of the school year from the date the charge is substantiated.
2.8.6 If a coach knowingly withholds information or provides false information that causes an athlete to be eligible for interscholastic competition, the coach shall be suspended from coaching in any sport at any DIAA Member School for up to the number of days up to the length of the school year from the date the charge is substantiated.
2.8.7 If an athlete or their parents, legal guardians, or Relative Caregiver knowingly withholds information or provides false information that causes the athlete to be eligible for interscholastic competition, the athlete shall be suspended from participation in any sport at any DIAA Member School for up to the number of days up to the length of the school year from the date the charge is substantiated.
2.9 Determination of Student Eligibility and the Appeal Procedures
2.9.1 Determining student athletic eligibility is the responsibility of each member school’s administration. Member schools shall maintain records verifying athletic eligibility. Upon the Executive Director’s request, the member school shall provide all information verifying eligibility.
2.9.2 In cases of uncertainty or disagreement, the eligibility of a student shall be determined by the Executive Director. Any request from a member school regarding an eligibility determination shall be in writing and contain the school’s eligibility determination and all information used to reach the determination. When necessary within the Executive Director’s discretion, the Executive Director may also make eligibility determinations without an official request from the member school. If the Executive Director determines that the student is ineligible, the school and the student shall be notified and the student suspended immediately from participation in interscholastic athletics.
2.9.3 The school and the student shall be informed that the decision of the Executive Director may be appealed to the DIAA Board of Directors.
2.9.4 Decisions of the Board to affirm, modify, or reverse the eligibility rulings of the Executive Director may be appealed to the State Board.
**History**
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 395 (11/01/18)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *11 DE Reg. 1639 (06/01/08)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *7 DE Reg. 1692 (06/01/04)*
- *9 DE Reg. 124 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *14 DE Reg. 1184 (05/01/11)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *21 DE Reg. 717 (03/01/18)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *23 DE Reg. 122 (08/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
##### **14 Del. Admin. Code § 1008-3.0** All Star Contests {#sec-1008-3.0 omnilex-key=us-de-regs-official--title-14--1008-3.0}
All Star Contests. Junior high and middle school students shall not participate in an all-star event until they have completed their high school eligibility in that sport.
**History**
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 395 (11/01/18)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *11 DE Reg. 1639 (06/01/08)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *7 DE Reg. 1692 (06/01/04)*
- *9 DE Reg. 124 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *14 DE Reg. 1184 (05/01/11)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *21 DE Reg. 717 (03/01/18)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *23 DE Reg. 122 (08/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
##### **14 Del. Admin. Code § 1008-4.0** Awards {#sec-1008-4.0 omnilex-key=us-de-regs-official--title-14--1008-4.0}
4.1 Awards
4.1.1 Member Schools and support groups affiliated with Member Schools, such as an alumni association or booster club, shall be allowed to present recognition awards for team and individual accomplishments. The awards, including artwork and lettering, shall require the approval of the Administrative Head of School and their value shall be mostly symbolic, not more than $500. Member Schools and support groups affiliated with Member Schools are also permitted to sponsor banquets.
4.1.2 A nonprofit group such as a coaches’ association, booster club that is not affiliated with a Member School, or community service organization shall be allowed to present recognition awards for team and individual accomplishments with the approval of the Administrative Head of School. Nonprofit groups shall also be permitted to sponsor banquets.
4.1.3 Commercial organizations shall be allowed to present recognition awards for team and individual accomplishments with the approval of the Administrative Head of School.
4.1.4 Permissible awards include trophies, plaques, medals, letters, certificates, photographs, and similar items. Jackets, sweaters, shirts, watches, rings, charms, and similar items if properly inscribed with a reference to the team or individual athletic accomplishment are also acceptable. The awards shall have symbolic value only. Awards with utilitarian value are prohibited. The aggregate retail value of the award shall not exceed $500 per team or per individual.
**History**
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 395 (11/01/18)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *11 DE Reg. 1639 (06/01/08)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *7 DE Reg. 1692 (06/01/04)*
- *9 DE Reg. 124 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *14 DE Reg. 1184 (05/01/11)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *21 DE Reg. 717 (03/01/18)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *23 DE Reg. 122 (08/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
##### **14 Del. Admin. Code § 1008-5.0** Use of Influence for Athletic Purposes {#sec-1008-5.0 omnilex-key=us-de-regs-official--title-14--1008-5.0}
5.1 Definition: The use of influence for athletic purposes shall include, but not be limited to, the following:
5.1.1 Offer of money, room, board, clothing, transportation, or other valuable consideration to a prospective athlete or their parents, legal guardians, or a relative caregiver.
5.1.2 Offer of waiver or reduction of tuition or financial aid if based, even partially, on athletic considerations. Non-school affiliated scholarship or financial aid programs which are primarily restricted to students of 1 school if the aid is based, even partially, on athletic considerations.
5.1.3 Preference in job assignments or offer of compensation for work performed in excess of what is customarily paid for such services.
5.1.4 Offer of special privileges not accorded to other students.
5.1.5 Offer of financial assistance including free or reduced rent, payment of moving expenses, etc., to induce a prospective athlete or their parents, legal guardians, or relative caregiver to change residence.
5.2 Illegal Contact with Students, Student’s Parents, Legal Guardians, or a Relative Caregiver
5.2.1 A school employee or Board approved volunteer may not initiate contact or request that a booster club member, alumnus, or player initiate contact with a student enrolled in another school or their parents, legal guardians, or a relative caregiver in order to persuade the student to enroll in a particular school for athletic purposes. Illegal contact shall include, but not be limited to, letters, questionnaires or brochures, telephone calls, and home visits or personal contact at athletic contests.
5.2.2 If a coach or athletic director is contacted by a prospective athlete or their parents, legal guardians, or relative caregiver, the former must refer the individual to the principal or headmaster or school personnel responsible for admissions.
5.3 Permitted Activities
5.3.1 A school employee or Board approved volunteer may do the following:
5.3.1.1 Discuss the athletic program with a prospective student or their parents, legal guardians, or relative caregiver during an open house or approved visit initiated by the parents, legal guardians, or relative caregiver.
5.3.1.2 Provide information concerning sports offered, facilities, conference affiliation, and general athletic policies. However, they are not permitted to state or imply in any way that their athletic program is superior to that of another school or that it would be more beneficial or advantageous for the prospective student to participate in athletics at their school.
5.3.1.3 Conduct an informational presentation at a feeder school.
5.4 School Choice. If the number of applicants under the School District Enrollment Choice Program exceeds the number of available student openings, the selection criteria established by the district shall not include athletic considerations.
5.5 Penalties. The use of influence or illegal contact including but not limited to violations of subsections 5.1 and 5.2 by a person employed by or representing a Member school including members of alumni associations, booster groups, and similar organizations to persuade, induce, or facilitate the enrollment of a student in that school for athletic purposes may render the student ineligible for up to 1 full school year from the date the charge is substantiated. In addition, the offending school may be placed on probation, as determined by the Board, and the offending employee, if a coach, may be suspended for up to 1 full school year from the date the charge is substantiated.
**History**
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 395 (11/01/18)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
- *11 DE Reg. 1639 (06/01/08)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *11 DE Reg. 1639 (06/01/08)*
- *19 DE Reg. 743 (02/01/16)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *7 DE Reg. 1692 (06/01/04)*
- *9 DE Reg. 124 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1639 (06/01/08)*
- *14 DE Reg. 1184 (05/01/11)*
- *15 DE Reg. 74 (07/01/11)*
- *19 DE Reg. 743 (02/01/16)*
- *21 DE Reg. 717 (03/01/18)*
- *22 DE Reg. 60 (07/01/18)*
- *22 DE Reg. 395 (11/01/18)*
- *22 DE Reg. 765 (03/01/19)*
- *23 DE Reg. 122 (08/01/19)*
- *24 DE Reg. 539 (12/01/20)*
- *26 DE Reg. 183 (09/01/22)*
- *28 DE Reg. 116 (08/01/24)*
### **1009** DIAA High School Interscholastic Athletics
##### **14 Del. Admin. Code § 1009-1.0** Definitions, National Federation of State High School Associations, Conferences, Contracts, and Equivalency Rules {#sec-1009-1.0 omnilex-key=us-de-regs-official--title-14--1009-1.0}
1.1 Definitions. The following words and terms, when used in this regulation, shall have the following meaning:
“Administrative head of school” means the chief or head individual in charge of the school traditionally referred to or generally known as the principal or headmaster.
“Attendance zone” means the geographical area set by law or the governing body of a public school that entitles a student to attend a certain public school.
“Board” means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Chapter 3.
“Competition” means an event, contest, scrimmage, or play day in which students or school teams compete either to determine a winner or for practice purposes.
“Department” means the Delaware Department of Education.
“Guardian” or “legal guardian” means an individual who legally has responsibility for the care and management of the student during the student’s minority. The relationship is a legal one and must be created by a court order signed by a judge, commissioner, or master of a court of competent jurisdiction.
“Individualized Education Program” or “IEP” means a written statement for a child with a disability as defined in 14 DE Admin. Code 922.
“Legally in attendance” means present at school as determined by a pre-established written policy adopted by the local school board or governing body of the school.
“Member School" means a full or associate member school of the DIAA.
“Play day” means a preseason event involving a series of scrimmages held during the legal practice period for that sport season involving multiple Member Schools.
“Principal” or “headmaster” means the administrative head of school and includes but is not limited to head of school, administrator, executive director, or charter head.
“Relative caregiver” means an adult who, by blood, marriage or adoption, is the child’s great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, step parent, brother, sister, step brother, step sister, half brother, half sister, niece, nephew, first cousin or first cousin once removed but who does not have legal custody or legal guardianship of the student.
“School day” or “school days” means actual school attendance days during the regular academic school year including a partial day that students are in attendance at school for instructional purposes as adopted by the district or governing body of the school not to include weekends, holidays, summer school, etc.
“Scrimmage” means an informal competition between schools in which a final score is not kept, the time periods are permitted to be modified, the results of the competition are not reported to the media, the coaches are permitted to interrupt the play to provide instruction, and the competition is strictly for practice purposes.
“State Board” means the State Board of Education pursuant to 14 Del.C. §104.
“Student with a Disability” means a “child with a disability” as that term is defined in 14 DE Admin. Code 922 or a qualified person with a disability under Section 504 of the Rehabilitation Act of 1973.
“Superintendent” means the chief school officer of a school district.
“Unified athlete” means a student with autism or a mild, moderate, or severe intellectual disability as defined in Section 3.0 of 14 DE Admin. Code 922 who is enrolled at a DIAA Member School.
“Unified partner” means a student who is not identified as a Unified athlete, is enrolled at a DIAA Member School, and does not appear on any school eligibility report submitted to DIAA for a non-Unified school team in the same sport.
“Unified Sports” means a co-ed program that combines an approximately equal number of students with and without autism or intellectual disabilities on a sports team for training and interscholastic competition.
1.2 National Federation of State High School Associations
1.2.1 DIAA is affiliated with the National Federation of State High School Associations (NFHS). The playing rules, codes of conduct, sanctions, and guidelines in the NFHS rules books are adopted except as modified by the Board.
1.2.1.1 The playing rules of the United States Tennis Association and the United States Golf Association are adopted for the sports of tennis and golf, respectively, except as modified by the Board.
1.2.1.2 In addition to the playing rules, codes of conduct, sanctions, and guidelines in the NFHS rules book, the playing rules of US Lacrosse are adopted for girls’ lacrosse except as modified by the Board.
1.2.1.3 The playing rules of the Special Olympics Delaware (SODE) for Unified flag football are adopted except as modified by the Board in consultation with SODE. The playing rules of the NFHS for basketball and track are adopted for Unified basketball and Unified track except as modified by the Board in consultation with SODE.
1.3 Conferences. Member Schools may establish voluntary conference organizations that may be composed of public and nonpublic schools. When established, a conference must submit its proposed membership and its constitution and bylaws to the Board and be approved by the Board before the schools may enter into any contractual agreements. All subsequent amendments to the constitution and bylaws of the conferences must be compatible with all provisions of the DIAA Regulations; interpretations and with the rulings of the Executive Director, Sportsmanship Committee, and Board; state tournament regulations; and DIAA approved playing codes.
1.4 Contracts
1.4.1 Contracts between DIAA Member Schools and between DIAA Member Schools and full Member Schools of comparable state associations are encouraged but not required.
1.4.1.1 Conference master contracts are approved substitutes for individual contracts.
1.4.1.2 A signed individual contract or conference master contract shall be hand-delivered or mailed to the DIAA office. Without a signed individual contract or conference master contract that is delivered or postmarked prior to the date of the contest in question, a Member School has no right of appeal to the Executive Director or the Board as provided in subsection 1.4.4.
1.4.2 Contracts between DIAA Member Schools and nonmember or associate Member Schools of comparable state associations are required.
1.4.2.1 A copy of the signed contract must be either received by the Executive Director or postmarked prior to the contest for which the agreement was drawn up. Failure to file a signed contract as prescribed shall result in the DIAA Member School being assessed a $50 fine.
1.4.2.2 A Member School has no right of appeal to the Executive Director or the Board as provided in subsection 1.4.4 unless a signed individual contract is in place and is delivered or postmarked prior to the date of the contest in question.
1.4.3 Contracts shall be interchanged according to the following provisions:
1.4.3.1 Contracts on the accepted form shall be arranged by the competing schools for each season's interscholastic athletic contests.
1.4.3.2 Contracts shall be drawn up by the facility manager or other designated staff member of the home school of the earlier varsity contest.
1.4.4 If a game is not played, it shall be considered a “no contest.” Notwithstanding the above, if a signed individual contract or conference master contract was received in the DIAA office or postmarked prior to the contest in question, and 1 of the participating schools breached the agreement, the non-breaching school may appeal for a forfeit to the Executive Director or the Board. If the Executive Director or Board finds a forfeit is appropriate, the no contest shall be replaced with the forfeit. If a game is not played because an out of state opponent qualifies for its state championship series and the date of the playoff game conflicts with the date of the regular season game, a forfeit shall not be awarded.
1.5 Equivalency Rules
1.5.1 A full Member School shall not participate in a scrimmage or contest with an in-State school that is not a member in good standing of DIAA.
1.5.2 A full Member School shall not participate in a scrimmage or contest with an associate or nonmember school of another state association unless the opposing school, as part of a written contract, certifies that its contestants are eligible under the rules of its home state association.
1.5.3 An associate Member School shall not participate in a scrimmage or contest with an associate or nonmember school of another state association unless the opposing school complies with the conditions specified in subsection 1.5.2. However, the opposing school shall be exempt from those rules which DIAA has waived for its associate Member School.
1.5.4 Member Schools shall not participate in a practice, scrimmage, or contest with a nonschool sponsored team.
1.5.5 Member Schools shall not participate in a practice, scrimmage, or contest with postgraduate students or college students. This provision shall not apply to games played against the alumni or faculty of the school when the game is sponsored by school authorities.
1.5.6 Member Schools shall not participate in a practice, scrimmage, or contest with a non-high school team.
1.5.7 All schools participating in a scrimmage must consider the event to be a scrimmage and cannot count the results as part of their regular season results. Teams are limited to 3 scrimmages and play days total on 3 competition dates each season. Except for the sport of football, a team is permitted a fourth scrimmage on a date between the end of the team’s regular season and the start of the state tournament for the team’s sport. The sport of wrestling is permitted to conduct joint practices on dates between the end of the regular season and the Individual State Wrestling Tournament.
1.5.8 A school which participates in a game against an illegal opponent shall be required to forfeit the contest and be assessed a $500 fine.
**History**
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *9 DE Reg. 126 (07/01/05)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *11 DE Reg. 1642 (06/01/08)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *9 DE Reg. 126 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1642 (06/01/08)*
- *14 DE Reg. 1186 (05/01/11)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *23 DE Reg. 123 (08/01/19)*
- *24 DE Reg. 540(12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
##### **14 Del. Admin. Code § 1009-2.0** Eligibility: No Student Shall Represent a School in an Interscholastic Scrimmage or Contest if the Student Does Not Meet the Following Requirements {#sec-1009-2.0 omnilex-key=us-de-regs-official--title-14--1009-2.0}
2.1 Eligibility, Age
2.1.1 Students who become 19 years of age on or after June 15 immediately preceding the student’s year of participation shall be eligible for all sports provided all other eligibility requirements are met. In determining the age of a contestant, the birth date as entered on the birth record of the Bureau of Vital Statistics shall be required and shall be so certified on all eligibility lists. Requests for a waiver of the age requirement shall only be considered for participation on an unofficial, nonscoring basis in noncontact or non collision sports.
2.2 Eligibility, Residence
2.2.1 With the exception of boarding school students, a student must be living with the student’s custodial parents, legal guardians, or relative caregiver in the attendance zone of the school which the student attends, or be a student 18 years of age or older and living in the attendance zone of the school which the student attends (subsection 2.2.1.7) in order to be eligible for interscholastic athletics in that school. In cases of joint custody, the custodial parent shall be the parent with actual physical placement as determined by court. In the case of shared placement or where residential placement has not been determined by a court, the parents must commit to sending the student to a particular school for the year. Maintaining multiple residences in order to circumvent this requirement shall render the student ineligible.
2.2.1.1 A student who, pursuant to established school board policy or administrative procedure, remains in a school the student has been attending after their legal residence changes to the attendance zone of a different school in the same school district, may exercise, prior to the first official student day of the subsequent academic year, a 1-time election to remain at their current school and thereby not lose athletic eligibility. If a student chooses to remain at their current school and then transfers to the school in a new attendance zone on or after the first official student day of the subsequent academic year, the student shall be subject to 14 Del.C. §§314-315.
2.2.1.2 A student who changes residence to a different attendance zone after the start of the last marking period and, pursuant to established school board policy or administrative procedure, shall be granted permission to continue attending their present school. The student shall retain their athletic eligibility in that school for the remainder of the school year provided all other eligibility requirements are met.
2.2.1.3 A student shall be permitted to complete their senior year at the school the student is attending and remain eligible even though a change of legal residence to the attendance zone of another school has occurred. This provision shall apply to any change of legal residence that occurs after the completion of the student's junior year.
2.2.1.4 A student may be residing outside of the attendance zone of the school which the student attends if the student is participating in the School District Enrollment Choice Program as authorized by 14 Del.C. Ch. 4.
2.2.1.5 A student who is a nonresident of Delaware may be eligible if the student’s custodial parent or legal guardian is employed full-time by a public school district in Delaware and the student attends school in the district in accordance with 14 Del.C. §607.
2.2.1.6 Notwithstanding subsection 2.2.1, a student shall be eligible at a public or career technical school if the student is enrolled in accordance with 14 Del.C. §202(f), the Caregivers School Authorization. An exception would be a student whose relative caregiver does not provide the documentation required by the Relative Caregivers School Authorization (proof of relation and proof of full-time care) but is permitted to register on the basis of a petition for the transfer of guardianship. A student who registers on the basis of a petition for the transfer of guardianship is not eligible to scrimmage or compete until the relative caregiver has provided the aforementioned required documentation or has received a signed court order designating the relative caregiver as the student’s legal guardian.
2.2.1.7 A student who reaches the age of majority (18) and leaves their parents' place of residency and jurisdiction thereof, and moves to another attendance zone to continue their high school education shall be ineligible to participate in athletics for 180 school days commencing with the first day of official attendance on or after their 18th birthday. This provision shall not apply to a student participating in the School District Enrollment Choice Program, as authorized by 14 Del.C. Ch. 4, provided the student’s choice application was properly submitted prior to a change of residence.
2.2.1.8 Notwithstanding subsection 2.2.1, a student who is homeless as defined in the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. §11434a(2) shall be eligible to participate at the public school in which the student is enrolled.
2.2.1.9 For purposes of eligibility, a student who is placed within the custody of the Department of Services for Children, Youth and Their Families (DSCYF) is eligible to participate in interscholastic athletics immediately at the school the student attends.
2.3 Eligibility, Passing Work
2.3.1 The intent of the Passing Work Rule is to promote educational standards, underscore the educational values of participating in interscholastic athletics, encourage appropriate academic performance, and allow the use of interscholastic participation as a motivator for improved classroom performance.
2.3.2 In order to be eligible for participation in interscholastic athletic contests and scrimmages, a student must pursue a regular course of study or its equivalent as approved by the local governing body, and must be passing at least 5 credits. Two of those credits must be in the areas of English, Mathematics, Science, World Language, or Social Studies. However, in the case of a student in the twelfth grade, the student must be passing all courses necessary for graduation from high school in order to be eligible for participation. A course necessary for graduation shall be any course, whether taken during or outside the regular school day, that satisfies an unmet graduation requirement. A student who is receiving special education services and is precluded from meeting the aforementioned academic requirements due to modifications in the grading procedure or course of study shall be adjudged eligible by the principal or headmaster if the student is making satisfactory progress in accordance with the requirements of their Individualized Education Program (IEP).
2.3.3 A student whose work in any regular marking period does not meet the above standards shall be ineligible to participate in an interscholastic athletic contest or scrimmage for the next marking period.
2.3.3.1 In the case of a conflict between the marking period grade and the final grade, the final grade shall determine eligibility.
2.3.3.2 The final accumulation of credits shall determine eligibility for the first marking period of the following school year. When a student makes up a failure or earns the required credits during the summer, the student shall become eligible provided the student successfully complete the course work prior to the first official student day of the school year.
2.3.3.3 Written verification of the successful completion of a correspondence course must be received before a student shall regain eligibility.
2.3.4 A student forfeits or regains eligibility, in accordance with the provisions of this rule, on the day when marking period grades are issued or published. The calendar used to establish when marking period grades are issued or published must be established by the governing body of the school prior to the start of the school year.
2.3.5 Local school boards and nonpublic schools may establish more stringent requirements for academic eligibility than the minimum standards herein prescribed.
2.4 Eligibility, Years of Participation
2.4.1 The intent of the Years of Participation Rule is to promote timely progress toward graduation by discouraging students from delaying or interrupting their high school education; to disallow students to enroll for 1 semester each school year to increase athletic ability and skill; to promote equality of competition; to diminish risks stemming from unequal competition; and to place emphasis on the academic mission of the school. In addition, the intent of the rule is to help to prevent redshirting; to avoid exploitation by coaches who otherwise might seek to obtain transfers or to delay a student's normal progress through school; and to prevent displacement of younger student-athletes by older student-athletes who wish to unfairly prolong their high school athletic careers.
2.4.2 Years of Participation Rule
2.4.2.1 No student shall represent a school in an interscholastic athletic contest or scrimmage after 4 consecutive years from the date of the student's first entrance into the ninth grade unless a waiver is granted for hardship reasons. Eighth grade students who are enrolled in or transfer to schools that allow eighth grade participation at the high school level in accordance with subsection 2.4.5 of this regulation begin their 5 years of eligibility for high school participation the first year they enter eighth grade.
2.4.2.2 No student shall have more than 4 opportunities to participate in a fall sport or combination of fall sports, in a winter sport or combination of winter sports, or in a spring sport or combination of spring sports. Eighth grade students who are enrolled in schools that allow eighth grade participation at the high school level in accordance with subsection 2.4.5 of this regulation shall have no more than 5 opportunities to participate in a fall sport or combination of fall sports, in a winter sport or combination of winter sports, or in a spring sport or combination of spring sports.
2.4.3 Waiver of the Years of Participation Rule. "Hardship" shall be defined as extenuating circumstances peculiar to the student athlete caused by unforeseen events beyond the election, control, or creation of the student athlete, the student's family, and the student’s school which (1) deprive the student of all or part of one of the student's opportunities to participate in a particular sports season; and (2) preclude the student from completing the academic requirements for graduation within the normal period of eligibility; and (3) deprive the student of all or part of one of the student's opportunities to participate in a particular sport. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness, or accident, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration.
2.4.3.1 A waiver shall not be granted under this section where DIAA finds that the student was academically eligible pursuant to DIAA's minimum passing work standards but was ineligible to participate under more stringent locally adopted academic standards and where the local school board or board of directors has adopted its own waiver or exemption policy.
2.4.3.2 A clear and direct causal relationship must exist between the alleged hardship condition and the failure of the student to complete the academic requirements for graduation within the normal period of eligibility and the loss of all or part of one of the student's opportunities to participate in a particular sports season.
2.4.3.3 The burden of proof rests with the student in conjunction with the waiver process as described in 14 DE Admin. Code 1020. Claims of extended illness, debilitating injury, emotional stress, etc. must be accompanied by appropriate documentation. Evidence must be submitted to verify that the student, their parents, legal guardians, or relative caregiver sought assistance to ameliorate the effects of the hardship condition.
2.4.4 Satisfactory completion of studies in accordance with promotion policies established by the local governing body shall determine a student is beyond the eighth grade.
2.4.5 Limited Participation - Eighth Grade Students
2.4.5.1 A high school may elect to allow students in the eighth grade to participate at the high school level to extent allowed in this section if the eighth grade is part of the same administrative unit as grades 9 through 12. Beginning with the 2016-2017 school year, prior to allowing any eighth grade participation, Member Schools are required to adopt policies consistent with this section and submit a request to the DIAA Board of Directors for approval. The request must provide sufficient evidence to determine that the school is eligible to permit eighth grade students to represent the school in high school interscholastic athletics. The burden shall be on the school to establish they are eligible under this regulation.
2.4.5.2 It is the school's discretion to allow eighth grade participation at the high school level.
2.4.5.3 Only rising eighth graders who have been in regular attendance at the eligible school for at least 1 full school year immediately prior to the eighth grade are eligible to represent the school in high school interscholastic athletics. Students who transfer into the eligible school for the eighth grade are ineligible to represent the high school at any level in any interscholastic sport. This subsection does not apply to schools that begin with the eighth grade.
2.4.5.4 A junior high or middle school student who participates in a subvarsity or varsity contest at the high school level shall be ineligible to participate at the junior high or middle school level in the same sport during the same season. This subsection does not preclude an eighth grade student from participating in a try-out at the high school level while still retaining middle school eligibility.
2.4.6 Seventh grade students shall not be permitted to participate on high school interscholastic teams.
2.4.7 Participation of Postgraduates
2.4.7.1 Participation shall be defined as taking part in a school sponsored practice, scrimmage or contest on or after the first allowable date for practice in that sport.
2.4.7.2 Postgraduates shall not be eligible to participate in interscholastic athletics. All graduates of recognized high schools shall be considered postgraduates.
2.4.7.3 A regularly enrolled student taking courses in an institution of higher education shall be eligible provided the student meets all other DIAA requirements.
2.4.7.4 Students whose commencement exercises are prior to the completion of the school's regular season schedule and the state tournament shall be eligible to compete.
2.5 Eligibility of Foreign Exchange Students and International Students
2.5.1 For the purpose of subsection 2.5, a foreign exchange or international student is a high school student who:
2.5.1.1 Is in the United States on a J-1 (Exchange Visitors) or F-1 (Academic Student) Visa;
2.5.1.2 Is enrolled at a DIAA Member School;
2.5.1.3 Is participating in a program or placed at a school that is approved by the Student and Exchange Visitors Program and recognized by DIAA;
2.5.1.4 Is randomly selected for or placed in the program or school and not on any basis relating to the student's athletic abilities or interests;
2.5.1.5 If applicable, is randomly assigned to a host family by a method that ensures the assignment is not for an athletic purpose;
2.5.1.6 Does not reside with any members of the coaching or athletic staff of the Member School; and
2.5.1.7 Meets all of the eligibility requirements except for subsection 2.2 (Residence) of this regulation.
2.5.2 A foreign exchange or international student who participates in a DIAA-recognized program, as provided in subsection 2.5.3, is eligible to participate in interscholastic athletic contests and competitions.
2.5.3 For the purpose of subsection 2.5, a DIAA-recognized program is either a Council on Standards for International Educational Travel (CSIET)-approved program or a DIAA-recognized international student academic program.
2.5.3.1 CSIET Approved Programs. All international student programs which are included on the Advisory List of International Educational Travel and Exchange Programs of the CSIET shall be considered recognized by DIAA.
2.5.3.2 DIAA Recognized International Student Academic Programs. A Member School may obtain recognition of its international student academic program by submitting its program for approval to the DIAA Executive Director with adequate documentation. The Member School must provide a copy of its policies and enrollment applications and agreements to the DIAA Executive Director for recognition. The burden is on the Member School to establish its program meets all the requirements.
2.5.3.2.1 In order to obtain approval as a DIAA recognized international student academic program, the Member School must, at a minimum, specifically incorporate and formally adopt the following requirements, policies, participation limits, and notification requirements in its program:
2.5.3.2.1.1 A student may not be accepted in the school or program for athletic purposes, including recruiting by an outside party. The school must include a statement in its application and program materials providing notice of the prohibitions on recruitment and athletic purposes and advising that based on its program requirements and DIAA regulations that recruitment based on athletics by anyone including an outside source will result in the student being permanently ineligible in interscholastic athletics at any DIAA Member School. The school, student, and parent must all sign a statement verifying that the student was not athletically recruited in any way and attesting that the student did not enroll for athletic purposes and has enrolled in the school for educational purposes.
2.5.3.2.1.2 With the exception of the requirement in subsection 2.2 that a student must be living with their custodial parent, legal guardian, or relative caregiver in the attendance zone of the school, the program must require that students meet all other eligibility requirements including a preparticipation evaluation or physical including a parent's signature.
2.5.3.2.1.3 The program must specify that the student's participation is limited to the subvarsity level for the first year of attendance at the school and that students will be ineligible for state tournament competition during the first year of attendance. If a school does not have a subvarsity team, a student may practice at the varsity level during their first year of attendance. After 1 year of attendance at the school in an approved international student academic program, the international student may be eligible for varsity participation and state tournament competition.
2.5.3.2.1.4 All of the specific requirements must be part of the school's international student academic program and must be communicated to the students in advance of registration.
2.5.3.2.2 At least annually and prior to athletic participation, the school shall provide to the DIAA Executive Director a list of the international students enrolled in its programs and include signed copies of the required forms.
2.5.3.2.3 If the Member School changes its program, the Member School shall notify the Executive Director who must approve the changes for the purpose of subsection 2.5.
2.5.4 International students who are not in the United States on a J-1 or F-1 Visa and are not participating in a CSIET-recognized program or DIAA recognized international student academic program are considered to be transfer students and are ineligible to compete in interscholastic athletics unless they are in compliance with all DIAA eligibility requirements including subsection 2.2.
2.5.5 Athletic recruitment of foreign exchange and international students by a Member School is prohibited. Any such students recruited shall be ineligible for the duration of their attendance at the Member School.
2.6 Student Eligibility Report Forms
2.6.1 Member Schools shall use eligibility forms approved by the Executive Director. A copy of the original eligibility report and subsequent addenda must be either received by the Executive Director or postmarked prior to the first contest for which the students listed are eligible. Failure to file an eligibility report as prescribed shall result in a $50 fine against the school.
2.6.2 In the case of a student who met all DIAA eligibility requirements but was omitted from the eligibility report due to administrative or clerical error, the student shall be adjudged eligible and the school assessed a $25 fine.
2.7 Use of an Ineligible Athlete
2.7.1 If a school uses an ineligible athlete, the administrative head or their designee shall notify the opposing school or event sponsor, in the case of a tournament or meet, and the Executive Director in writing of the violation and the forfeiture of the appropriate games, matches, and points won.
2.7.2 The deliberate or inadvertent use of an ineligible athlete in the sports of soccer, football, volleyball, field hockey, basketball, baseball, softball, lacrosse, Unified flag football, and Unified basketball shall require the offending school to forfeit the contests in which the ineligible athlete participated.
2.7.2.1 If the infraction occurs during a tournament, including a state championship, the offending school shall be replaced by its most recently defeated opponent. Teams eliminated prior to the most recently defeated opponent shall not be allowed to reenter the tournament, team and individual awards shall be returned to the event sponsor and team and individual records and performances shall be nullified.
2.7.2.2 The offending school may appeal to the DIAA Board of Directors for a waiver of the forfeiture penalty. If the forfeiture penalty is waived, the offending school shall be reprimanded and fined a minimum of $200 but no more than $1,000 and referred to the DIAA Sportsmanship Committee for consideration of further action unless the athlete or their parents or legal guardians knowingly withheld information or provided false information that caused the student to be eligible for interscholastic competition. The burden of proof, in both instances, rests entirely with the offending school. A forfeit shall constitute a loss for the offending school and a win for its opponent for purposes of standings and playoff eligibility and shall be automatic and not subject to refusal by the offending school's opponent.
2.7.3 The deliberate or inadvertent use of an ineligible athlete in the sports of cross country, wrestling, swimming, track, golf, tennis, and Unified track shall require the offending school to forfeit the matches won and points earned by the ineligible athlete or by a relay team of which the student was a member.
2.7.3.1 The points contributed by an ineligible athlete to their team score shall be deleted and the contest score as well as the affected placements will be adjusted according to the rules of the sport.
2.7.3.2 If the infraction occurs during a tournament, including a state championship, the ineligible athlete shall be replaced by their most recently defeated opponent or the next highest finisher. Contestants eliminated prior to the most recently defeated opponent shall not be allowed to reenter the tournament.
2.7.3.3 Individual awards earned by the ineligible athlete and team awards, if necessary because of adjustments in the standings, shall be returned to the event sponsor. Individual records and performances by the ineligible athlete shall be nullified.
2.7.4 If an ineligible athlete participates in interscholastic competition contrary to DIAA rules, but in accordance with a temporary restraining order or injunction against their school and DIAA, and the injunction is subsequently vacated, stayed, or reversed, or the courts determine that injunctive relief is not or was not justified, or the injunction expires without further judicial determination, the penalties stipulated in subsections 2.7.1 and 2.7.2 shall be imposed.
2.7.5 The intentional use of an ineligible athlete by a Member School or repeated indifference to its responsibility to determine the eligibility of its athletes will subject the school to additional penalties which may include suspension for the amount of days up to length of the school year from the date the charge is substantiated.
2.7.6 If a coach knowingly withholds information or provides false information that causes an athlete to be eligible for interscholastic competition, the coach shall be suspended from coaching in any sport at any DIAA Member School for the amount of days up to length of the school year from the date the charge is substantiated.
2.7.7 If an athlete or their parents, legal guardians, or relative caregiver knowingly withholds information or provides false information that causes the student to be eligible for interscholastic competition, the athlete shall be suspended from participation in any sport at any DIAA Member School for up to the amount of days up to the length of the school year from the date the charge is substantiated.
2.8 Determination of Student Eligibility and the Appeal Procedures
2.8.1 Determining student athletic eligibility is the responsibility of each Member School’s administration. Member Schools shall maintain records verifying athletic eligibility. Upon the Executive Director’s request, the Member School shall provide all information verifying eligibility.
2.8.2 In cases of uncertainty or disagreement, the eligibility of a student shall be determined by the Executive Director. Any request from a Member School regarding an eligibility determination shall be in writing and contain the school’s eligibility determination and all information used to reach the determination. When necessary within the Executive Director’s discretion, the Executive Director may also make eligibility determinations without an official request from the Member School. If the Executive Director determines that the student is ineligible, the school and the student shall be notified and the student suspended immediately from participation in interscholastic athletics.
2.8.3 The school and the student shall be informed that the decision of the Executive Director may be appealed to the DIAA Board of Directors.
2.8.4 Decisions of the Board to affirm, modify, or reverse the eligibility rulings of the Executive Director may be appealed to the State Board.
**History**
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *9 DE Reg. 126 (07/01/05)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *11 DE Reg. 1642 (06/01/08)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *9 DE Reg. 126 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1642 (06/01/08)*
- *14 DE Reg. 1186 (05/01/11)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *23 DE Reg. 123 (08/01/19)*
- *24 DE Reg. 540(12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
##### **14 Del. Admin. Code § 1009-3.0** State Championships and All-Star Contests {#sec-1009-3.0 omnilex-key=us-de-regs-official--title-14--1009-3.0}
3.1 State Championships
3.1.1 State Championships: The minimum number of high schools which must sponsor a sport at the varsity level in order for DIAA to approve a state championship shall be 16.
3.1.1.1 State championship play shall be permitted at the varsity level only in the following coed sports: baseball, football, golf, and wrestling; the following boys’ and girls’ sports: basketball, cross country, indoor track, lacrosse, outdoor track, soccer, swimming and diving, and tennis; and the following Unified Sports: basketball, flag football, and outdoor track provided each tournament or meet is under the direct control and supervision of or has the approval of DIAA.
3.1.1.2 A Member School which does not pay all fines incurred during the school year by July 1st shall be ineligible to participate in a state championship event in any sport during the following school year until such time as all fines are paid.
3.1.2 All state championships shall be managed by committees established by the Board.
3.1.2.1 Each tournament format, as well as the criteria and procedures for selecting and seeding the participating teams, must be approved by the Board and any subsequent changes must also be approved by the Board. The Executive Director shall advise the committees as to which proposed changes must be presented to the Board. If the Executive Director and the committee cannot agree, the proposed change must be presented to the Board for approval.
3.1.2.2 All financial arrangements, including the collection of monies and expenditures, must be approved by the Executive Director
3.1.2.3 Championship play in other sports must be confined to the individual conferences and conducted in accordance with the rules of the conference as approved by the Board.
3.2 All-Star Contests
3.2.1 An all-star contest shall be defined as an organized competition in which the participants are selected by the sponsoring organization or its designee on the basis of their performance during the interscholastic season in that sport.
3.2.2 Students who have completed their eligibility in a sport may participate in all-star contests in that sport, if approved by DIAA, prior to graduation from high school.
3.2.3 Member Schools shall not make their facilities, equipment, or uniforms available to the sponsoring organization or the participants unless the all-star contest is approved by DIAA.
3.2.4 The all-star contest must be approved by DIAA in accordance with the following criteria:
3.2.4.1 The contest shall not be for determining a regional or national champion.
3.2.4.2 The contest shall be organized, promoted, and conducted by and all profits go to a nonprofit organization. Involvement by a commercial organization shall be limited to providing financial support.
3.2.4.3 The awards given shall be in compliance with Section 4.0.
3.2.4.4 Exceptions to the adopted rules code for the sport, including uniform regulations, shall require the approval of DIAA.
3.2.5 A full financial report must be filed with the Executive Director within 90 days of the contest. Failure to submit a financial report within the specified period of time shall result in the sponsoring organization being assessed a $300 fine.
3.2.6 The event organizer shall not accept financial support or sell advertising to companies involved in the production or distribution of alcohol and tobacco products.
**History**
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *9 DE Reg. 126 (07/01/05)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *11 DE Reg. 1642 (06/01/08)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *9 DE Reg. 126 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1642 (06/01/08)*
- *14 DE Reg. 1186 (05/01/11)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *23 DE Reg. 123 (08/01/19)*
- *24 DE Reg. 540(12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
##### **14 Del. Admin. Code § 1009-4.0** Awards and Scholarships {#sec-1009-4.0 omnilex-key=us-de-regs-official--title-14--1009-4.0}
4.1 Awards
4.1.1 Member Schools and support groups affiliated with Member Schools, such as an alumni association or booster club, shall be allowed to present recognition awards for team and individual accomplishments. The awards, including artwork and lettering, shall require the approval of the Administrative Head of School and their value shall be mostly symbolic, no more than $500. Member Schools and support groups affiliated with Member Schools are also permitted to sponsor banquets.
4.1.2 A nonprofit group such as a coaches’ association, booster club that is not affiliated with a Member School, or community service organization shall be allowed to present recognition awards for team and individual accomplishments with the approval of the Administrative Head of School. Nonprofit groups shall also be permitted to sponsor banquets.
4.1.3 Commercial organizations shall be allowed to present recognition awards for team or individual accomplishments with the approval of the Administrative Head of School.
4.1.4 Permissible awards include trophies, plaques, medals, letters, certificates, photographs, and similar items. Jackets, sweaters, shirts, watches, rings, charms, and similar items if properly inscribed with a reference to the team or individual athletic accomplishment are also acceptable. The awards shall have symbolic value only. Awards with utilitarian value are prohibited. The aggregate retail value of the award shall not exceed $500 per team or per individual.
4.2 Scholarships
4.2.1 Member Schools and support groups affiliated with Member Schools shall be permitted to present postsecondary scholarships.
4.2.2 Nonprofit organizations cosponsoring a tournament shall be allowed to give postsecondary scholarships to participating schools provided they are not awarded on the basis of team or individual performance in the tournament. Scholarship monies shall be awarded in accordance with DIAA and NCAA regulations.
**History**
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *9 DE Reg. 126 (07/01/05)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *11 DE Reg. 1642 (06/01/08)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *9 DE Reg. 126 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1642 (06/01/08)*
- *14 DE Reg. 1186 (05/01/11)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *23 DE Reg. 123 (08/01/19)*
- *24 DE Reg. 540(12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
##### **14 Del. Admin. Code § 1009-5.0** Use of Influence for Athletic Purposes {#sec-1009-5.0 omnilex-key=us-de-regs-official--title-14--1009-5.0}
5.1 Definition. The use of influence for athletic purposes shall include, but not be limited to, the following:
5.1.1 Offer of money, room, board, clothing, transportation, or other valuable consideration to a prospective athlete or their parents, legal guardians, or relative caregiver.
5.1.2 Offer of waiver or reduction of tuition or financial aid if based, even partially, on athletic considerations. Nonschool affiliated scholarship or financial aid programs which are primarily restricted to students of 1 school if the aid is based, even partially, on athletic considerations.
5.1.3 Preference in job assignments or offer of compensation for work performed in excess of what is customarily paid for such services.
5.1.4 Offer of special privileges not accorded to other students.
5.1.5 Offer of financial assistance including free or reduced rent, payment of moving expenses, etc., to induce a prospective athlete or their parents, legal guardians, or relative caregiver to change residence.
5.2 Illegal Contact with Students, Student’s Parents, Legal Guardians, or a Relative Caregiver
5.2.1 A school employee or Board approved volunteer may not initiate contact or request that a booster club member, alumnus, or player initiate contact with a student enrolled in another school or their parents, legal guardians, or a relative caregiver in order to persuade the student to enroll in a particular school for athletic purposes. Illegal contact shall include, but not be limited to, letters, questionnaires or brochures, telephone calls, and home visits or personal contact at athletic contests.
5.2.2 If a coach or athletic director is contacted by a prospective athlete or their parents, legal guardians, or a relative caregiver, the former must refer the individuals to the principal or headmaster or school personnel responsible for admissions.
5.3 Permitted Activities
5.3.1 A school employee or Board approved volunteer may do the following:
5.3.1.1 Discuss the athletic program with a prospective student or their parents, legal guardians, or relative caregiver during an open house or approved visit initiated by the parents, legal guardians, or relative caregiver.
5.3.1.2 Provide information concerning sports offered, facilities, conference affiliation, and general athletic policies. However, they are not permitted to state or imply in any way that their athletic program is superior to that of another school or that it would be more beneficial or advantageous for the prospective student to participate in athletics at their school.
5.3.1.3 Conduct an informational presentation at a feeder school.
5.4 School Choice. If the number of applicants under the School District Enrollment Choice Program exceeds the number of available student openings, the selection criteria established by the district shall not include athletic considerations.
5.5 Penalties. The use of influence or illegal contact including but not limited to, violations of subsections 5.1 and 5.2 by a person employed by or representing a Member School including members of alumni associations, booster groups, and similar organizations to persuade, induce, or facilitate the enrollment of a student in that school for athletic purposes may render the student ineligible for up to 1 full school year from the date the charge is substantiated. In addition, the offending school may be placed on probation, as determined by the Board, and the offending employee, if a coach, may be suspended for up to 1 full school year from the date the charge is substantiated.
**History**
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *9 DE Reg. 126 (07/01/05)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *11 DE Reg. 1642 (06/01/08)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *9 DE Reg. 126 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1642 (06/01/08)*
- *14 DE Reg. 1186 (05/01/11)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *23 DE Reg. 123 (08/01/19)*
- *24 DE Reg. 540(12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
##### **14 Del. Admin. Code § 1009-6.0** Interscholastic Unified Sports {#sec-1009-6.0 omnilex-key=us-de-regs-official--title-14--1009-6.0}
6.1 Interscholastic Unified Sports is a joint effort between DIAA and Special Olympics Delaware (SODE) to incorporate Special Olympics Unified Sports® programs in DIAA Member Schools as an extension of their existing interscholastic athletic programs. Unified Sports brings students with and without intellectual disabilities together to compete in DIAA recognized sports. Unified Sports teams shall follow all rules and regulations governing interscholastic athletics unless otherwise provided.
6.2 To be eligible to participate in Unified Sports, Unified Athletes and Unified Partners shall meet the eligibility requirements set forth in Section 2.0 of this regulation and 14 DE Admin. Code 1028, comply with the pre-participation physical examination requirements set forth in 14 DE Admin. Code 1034, and appear on the eligibility report as set forth in subsection 2.6 of this regulation.
6.2.1 A student athlete whose functional limitations are based solely on emotional, physical, sensory, or behavioral disability, is not eligible to participate as a Unified Athlete but may be eligible to participate as a Unified Partner.
6.2.2 Any student athlete who appeared on the eligibility report for football at any time during the season is not eligible to compete in Unified flag football.
6.2.3 Any student athlete who appeared on the eligibility report for Unified flag football at any time during the season is not eligible to compete in football.
6.2.4 Any student athlete who appeared on the eligibility report for basketball at any time during the season is not eligible to compete in Unified basketball.
6.2.5 Any student athlete who appeared on the eligibility report for Unified basketball at any time during the season is not eligible to compete in basketball.
6.2.6 The use of an ineligible student athlete is subject to subsection 2.7 of this regulation.
6.3 The composition of a Unified Sports team shall include student athletes with necessary sport-specific skills and shall combine an approximately equal number of Unified Athletes and Unified Partners. A Unified Sports team shall not include student athletes who dominate play, exclude other teammates from contributing to the success of the team, or present a health and safety risk. By permitting any student athlete to dominate play, other student athletes’ roles and opportunities are greatly limited.
6.4 Student athletes who participate in Unified Sports are allowed to concurrently participate in non-interscholastic sports offered in the SODE Community program.
**History**
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *9 DE Reg. 126 (07/01/05)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *11 DE Reg. 1642 (06/01/08)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *11 DE Reg. 1642 (06/01/08)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *24 DE Reg. 540 (12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *7 DE Reg. 1698 (06/01/04)*
- *9 DE Reg. 126 (07/01/05)*
- *9 DE Reg. 1954 (06/01/06)*
- *11 DE Reg. 1642 (06/01/08)*
- *14 DE Reg. 1186 (05/01/11)*
- *15 DE Reg. 75 (07/01/11)*
- *19 DE Reg. 745 (02/01/16)*
- *21 DE Reg. 147 (08/01/17)*
- *21 DE Reg. 218 (09/01/17)*
- *21 DE Reg. 719 (03/01/18)*
- *22 DE Reg. 61 (07/01/18)*
- *22 DE Reg. 398 (11/01/18)*
- *22 DE Reg. 767 (03/01/19)*
- *23 DE Reg. 123 (08/01/19)*
- *24 DE Reg. 540(12/01/20)*
- *26 DE Reg. 185 (09/01/22)*
- *28 DE Reg. 117 (08/01/24)*
- *28 DE Reg. 119 (08/01/24)*
- *28 DE Reg. 385 (11/01/24)*
### **1011** Interscholastic Athletics during the COVID-19 Pandemic (Repealed)
##### **14 Del. Admin. Code § 1011** Interscholastic Athletics during the COVID-19 Pandemic (Repealed) {#sec-1011 omnilex-key=us-de-regs-official--title-14--1011}
Repealed.
**History**
- *24 DE Reg. 542 (12/01/20)*
- *25 DE Reg. 173 (08/01/21)*
- *25 DE Reg. 175 (08/01/21)*
### **1020** DIAA Board Procedures
##### **14 Del. Admin. Code § 1020-1.0** Applicability {#sec-1020-1.0 omnilex-key=us-de-regs-official--title-14--1020-1.0}
In accordance with 14 Del.C. §303, this regulation sets forth procedural rules for the DIAA Board of Directors.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-2.0** Definitions {#sec-1020-2.0 omnilex-key=us-de-regs-official--title-14--1020-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Board" means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. ch. 3.
"Department" means the Delaware Department of Education established pursuant to 14 Del.C. §101.
"DIAA" means the Delaware Interscholastic Athletic Association established pursuant to 14 Del.C. §301.
"Executive Director" means the Executive Director of the Delaware Interscholastic Athletic Association.
"Member School" means a full or associate member school of the DIAA.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-3.0** Conflicts of Interest {#sec-1020-3.0 omnilex-key=us-de-regs-official--title-14--1020-3.0}
3.1 Any member of the Board who may be directly affected or whose school or school district may be directly affected by a potential decision related to an appeal or waiver request shall recuse from consideration of the matter and shall not vote on that appeal or waiver request.
3.2 The Chairperson of the Board is responsible for maintaining the integrity of the decision-making process.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-4.0** Responsibilities of the Executive Director {#sec-1020-4.0 omnilex-key=us-de-regs-official--title-14--1020-4.0}
4.1 The Executive Director shall interpret the rules and regulations and may grant waivers of rules and regulations. Any waiver granted shall be temporary and shall be subject to review and approval by the Board. All decisions or actions as noted above shall be documented and shall be a part of any hearing or appeal procedure.
4.2 The Executive Director may decide issues between meetings of the Board. The Executive Director shall initiate a review of or fully investigate an alleged violation of the regulations that the Executive Director has seen, heard or read about, or which has been reported to him/her. The Executive Director may also refer investigations to committees referenced in 14 DE Admin. Code 1021 DIAA Committees or employ special investigators as necessary to conduct such investigations. Subsequent action by the Executive Director may include an official reprimand, placement on probation, a fine, the imposing of sanctions, or the suspension from participation for a designated period of time of a student athlete, team, coach, or official to ensure the necessary, orderly, and proper conduct of interscholastic competition.
4.3 The Executive Director shall carry on the business of the Board and DIAA between meetings. Waiver requests decided by the Executive Director shall be temporary and shall be subject to review and final approval by the Board. No school or individual shall be penalized in any case in which the Board reverses an earlier ruling of the Executive Director. In addition, the Executive Director shall administer the daily operation of DIAA.
4.4 In the event that the Executive Director is unavailable to perform the Executive Director's duties due to a conflict of interest or otherwise, and a matter requires immediate action, the Executive Director may delegate the matter to a subordinate in the DIAA Office, the Sportsmanship Committee or another applicable committee, or to the Board's Chairperson or Vice Chairperson. In such a case, the action shall be treated as the action of the Executive Director under the regulations.
4.5 In the event the Executive Director position is vacant, the Board may refer the Executive Director's responsibilities to a designee or designees, subject to the Department's approval and supervision, until the position is filled.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-5.0** Adopting, Amending, and Repealing Regulations {#sec-1020-5.0 omnilex-key=us-de-regs-official--title-14--1020-5.0}
5.1 Pursuant to 14 Del.C. §303, the Board, working in consultation and cooperation with the Department, develops regulations relating to middle and secondary school interscholastic athletics.
5.2 The Board may initiate the process for adopting a new regulation or amending or repealing an existing regulation on its own or after receiving a written request.
5.2.1 Requests for the Board to adopt, amend, or repeal a regulation shall be submitted in writing to the DIAA Office. In order for a request to be considered complete, the request must include the applicable regulation or regulations; the specific request that is being made; who would be impacted by the request; the position of those who would be impacted by the request; and the requester's name, mailing address, phone number, and email address.
5.2.2 A complete request will be placed on a future agenda of the Board, as determined by the Board's Chairperson.
5.2.3 The requester may appear before the Board to present the request.
5.3 The Board may refer a regulation to the DIAA Rules and Regulations Committee to issue a recommendation to the Board.
5.4 The Board may request the Executive Director obtain information to aid in its decision whether to adopt, amend, or repeal a regulation.
5.5 The Board may consider any recommendations made by the DIAA Rules and Regulations Committee and any information obtained by the Executive Director in deciding whether to adopt, amend, or repeal a regulation.
5.6 The Board follows Delaware's Administrative Procedures Act when it decides to adopt, amend, or repeal a regulation (29 Del.C. §§10111 - 10119).
5.7 Once a regulation has been adopted, amended, or repealed, the Executive Director shall provide notice to Member Schools.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-6.0** Protests {#sec-1020-6.0 omnilex-key=us-de-regs-official--title-14--1020-6.0}
All protests involving game competition that are allowable as defined in the NFHS (name of sport) Rule Book, and deemed by the Executive Director to be the responsibility of DIAA, and not a local conference, shall be heard by a three-person protest panel. This panel will include the Executive Director, the Board's Chairperson or Vice Chairperson, and the State Tournament Director of the given sport. Protests must be submitted in writing within 48 hours of the conclusion of the contest or earlier if required by NFHS rules. The decisions of the DIAA protest panel may not be appealed to the Board.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-7.0** Complaints Alleging Violations of Regulations {#sec-1020-7.0 omnilex-key=us-de-regs-official--title-14--1020-7.0}
7.1 Any allegation that a Member School, student athlete, coach, administrator, official, or spectator violated a regulation relating to middle and secondary school interscholastic athletics shall be submitted to the DIAA Office in writing in the form of a complaint. A written complaint will not be processed unless it is complete. In order to be considered complete, the written complaint shall include the regulation that is alleged to have been violated; specific details of the alleged violation, including who violated the regulation and the date the violation occurred; and the complainant's contact information (i.e., name, address, phone number, and email address). DIAA will not address written complaints submitted by an anonymous person or source but the individual may contact the Executive Director specific to the assertion of the violation of the regulation.
7.2 After a written complaint is received, the DIAA Office will contact the complainant concerning the alleged violation and conduct a preliminary investigation, the purpose of which is to help the Executive Director determine whether to refer the complaint to the Board for a hearing.
7.3 If an allegation is made against a Member School, and a preliminary investigation has been conducted, the DIAA Office will forward the written complaint to the Member School, which will provide a written response to the complaint. For the purpose of this subsection, a written response includes a self-report under Section 6.0 of 14 DE Admin. Code 1024 DIAA Member Schools.
7.4 The Executive Director will review the complaint, the preliminary investigation results, and, if applicable, the Member School's written response to the complete and determine whether to close the complaint or refer the complaint to the Board or the Sportsmanship Committee.
7.5 If the complaint is referred to the Board, a hearing before the Board will be scheduled and the procedures in Section 8.0 of this regulation will be followed. If the complaint is referred to the Sportsmanship Committee, a hearing before the Sportsmanship Committee will be scheduled.
7.6 Based on the evidence presented at the hearing, the Board or the Sportsmanship Committee will determine whether a violation of a regulation has occurred and what penalties are appropriate to impose.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-8.0** Hearing Procedures for Non-Waiver Matters {#sec-1020-8.0 omnilex-key=us-de-regs-official--title-14--1020-8.0}
8.1 If a hearing before the Board is scheduled, the DIAA Office will provide written notice of the date, time, and location of the hearing to the applicable individuals.
8.2 The Board may permit opening and closing statements.
8.3 The Board may take testimony, hear proof, and receive exhibits into evidence at a hearing. Strict rules of evidence shall not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.
8.4 Testimony shall be under oath or affirmation. The Board may administer oaths to witnesses.
8.5 Any person who testifies as a witness shall also be subject to cross examination by the other party and questions from the Board.
8.6 Any document introduced into evidence at a hearing shall be marked by the Board and shall be made a part of the record of the matter. The Board will not accept or consider documents that are submitted after the hearing, as such documents are outside of the record.
8.7 Any request by the Board for additional information shall be promptly supplied.
8.8 The Board shall consider the entire record of the case in reaching its final decision. Unless otherwise provided, the Board's decision shall be effective immediately.
8.8 The Board's decision will be incorporated into a written order, which is signed by the Board and sent to the individuals who were notified of the hearing.
8.9 An individual may be represented by an attorney at a hearing. The attorney representing the individual shall notify the Executive Director of the representation in writing as soon as practical. Attorneys who are not members of the Delaware Bar may be admitted pro hac vice in accordance with Rule 72 of the Rules of the Supreme Court of the State of Delaware.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-9.0** Waiver of DIAA Rules and Regulations {#sec-1020-9.0 omnilex-key=us-de-regs-official--title-14--1020-9.0}
9.1 General Hearing Procedures and Rules
9.1.1 The Board has the authority to set aside the effect of any athletic rule or regulation, subject to any limitations set forth in the specific rule or regulation, when the affected party establishes by the preponderance of the evidence, all of the following conditions:
9.1.1.1 In the case of eligibility waiver requests, there exists a hardship as defined by subsection 9.2.1;
9.1.1.2 Strict enforcement of the rule in the particular case will not serve to accomplish the purpose of the rule;
9.1.1.3 The spirit of the rule being waived will not be offended or compromised;
9.1.1.4 The principle of educational balance over athletics will not be offended or compromised; and
9.1.1.5 The waiver will not result in a safety risk to teammates or competitors.
9.1.2 Waivers are exceptional and extraordinary relief from the athletic rules and regulations. Ignorance of any rule or regulation alone, whether by the student athlete, the student athlete's family or school, or other affected party shall not be sufficient reason for waiving a rule. The burden of proof rests on the applicant to show extenuating circumstances warranting waiver.
9.1.3 The waiver request shall contain all facts pertaining to the case, including sufficient information to make it possible for DIAA to reach a decision. If a waiver request does not include all of the required documentation, it will be deemed incomplete and will not be processed by DIAA.
9.1.3.1 For a waiver request of an eligibility rule, the required documentation is set forth in subsection 9.2.2.2.
9.1.3.2 For a waiver request of a non-eligibility rule, the required documentation is set forth in subsections 9.3.2 and 9.3.4.
9.1.4 All requests for a waiver, with all documentation complete, must be received by the Executive Director at least 30 calendar days before the next regularly scheduled meeting of the Board.
9.1.5 For requests for a waiver of an eligibility rule, the Executive Director will decide whether to grant a waiver, as provided in subsection 4.3, based on the waiver request and documentation submitted with the request.
9.1.5.1 If the Executive Director decides to grant a waiver under subsections 4.3 and 9.1.5, the waiver is temporary and subject to the Board's approval. The Executive Director will send written notice of the decision to grant a waiver to the applicant, including when the Board will consider the matter. The applicant may attend the Board's meeting but is not required to do so.
9.1.5.2 If the Board ratifies the Executive Director's decision to grant a waiver of an eligibility rule, the student athlete will remain eligible to participate as outlined in the Executive Director's written notice provided that the student athlete complies with all other eligibility rules.
9.1.5.3 If the Board does not ratify the Executive Director's decision to grant a waiver of an eligibility rule, the student will no longer be eligible to participate as outlined in Executive Director's written notice and an evidentiary hearing before the Board will be scheduled.
9.1.6 If the Executive Director does not grant a waiver or the Board does not approve the Executive Director's decision to grant a waiver, a hearing before the Board will be scheduled.
9.1.6.1 The Board may permit opening and closing statements.
9.1.6.2 The Board may take testimony, hear proof, and receive exhibits into evidence at a hearing. Strict rules of evidence shall not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.
9.1.6.3 Testimony shall be under oath or affirmation. The Board may administer oaths to witnesses.
9.1.6.4 Any person who testifies as a witness shall also be subject to cross examination by the other party and questions from the Board.
9.1.6.5 The applicant's opportunity to submit documents to the Board for consideration is with the applicant's waiver request and at the applicant's hearing. Any document introduced into evidence at a hearing shall be marked by the Board and shall be made a part of the record of the matter. The Board will not accept or consider documents that are submitted after the hearing, as such documents are outside of the record.
9.1.6.6 Any request by the Board for additional information shall be promptly supplied by the applicant.
9.1.7 The Board shall consider the entire record of the case in reaching its final decision. Unless otherwise provided, the Board's decision on a waiver request shall be effective immediately.
9.1.8 The Board's decision will be incorporated into a written order, which is signed by the Board and sent to the applicant within 20 days of the hearing.
9.1.9 An applicant may be represented by an attorney. The attorney representing an applicant shall notify the Executive Director of the representation in writing as soon as practical. Attorneys who are not members of the Delaware Bar may be admitted pro hac vice in accordance with Rule 72 of the Rules of the Supreme Court of the State of Delaware.
9.2 Eligibility Rule Waiver Requests
9.2.1 Unless specifically defined in the eligibility rule in question, "hardship" means a hardship peculiar to the student athlete caused by unforeseen events beyond the election, control, or creation of the student athlete, his or her family, and his or her school, which deprive him or her of all or part of one of his or her opportunities to participate in a particular sports season. Ignorance of any rule alone, whether by the student athlete, his or her family, or his or her school, shall not be sufficient reason for waiving a rule. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness or accidents, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration.
9.2.2 All eligibility hardship waiver requests shall be processed on forms approved by the Board and in accordance with the following procedures:
9.2.2.1 A request for a waiver of the eligibility rules must be directed by the student athlete to the involved Member School's Principal, Headmaster, or the Principal or Headmaster's designee who shall then file a written request stating the full particulars of the case and the reasons felt by the student athlete or the school, or both, for granting the waiver.
9.2.2.1.1 All requests for eligibility rule waivers must be signed by the Principal or Headmaster of the school requesting the waiver and must include a letter from the Principal or Headmaster indicating whether the school supports the waiver request.
9.2.2.1.2 The school shall submit a waiver request form when requested by individual student athletes. The Board, however, may take into consideration the school's position on the waiver request when rendering its decision.
9.2.2.2 To aid the Board in making an informed decision, the waiver request shall include the student athlete's:
9.2.2.2.1 Official transcripts from the sixth grade through the current school year and most recent report card or grade report (if the most recent grades are not included on the transcript);
9.2.2.2.2 Attendance records for the last 2 years;
9.2.2.2.3 A letter from the Principal or Headmaster of the school requesting the waiver either supporting or not supporting the waiver request;
9.2.2.2.4 A letter from the student athlete, the student athlete's parent, guardian, or Relative Caregiver, or both explaining in detail the circumstances for requesting a waiver;
9.2.2.2.5 Documentation of withdrawal from a school (if applicable);
9.2.2.2.6 Documentation of acceptance in a school, such as an acceptance letter from a nonpublic school (if applicable);
9.2.2.2.7 School District Choice Enrollment Program documents that show the date of withdrawal and the date of enrollment (if applicable);
9.2.2.2.8 School calendar;
9.2.2.2.9 Any documentation specifically required by the rule;
9.2.2.2.10 Medical records (if applicable);
9.2.2.2.11 Legal documentation (if applicable);
9.2.2.2.12 IEPs (if applicable);
9.2.2.2.13 Any documentation or evidence to substantiate a hardship exists;
9.2.2.2.14 For waiver requests of the Junior High and Middle School Transfer Rule and High School Transfer Rule, documentation of official withdrawal from the sending school and official registration in or acceptance to the receiving school. In addition, the student athlete is required to obtain a certification from the sending and receiving schools that the student athlete transferred for the reasons indicated on the student athlete's waiver request form and that the student athlete's transfer was not motivated by an athletic purpose. If the student athlete is unable to obtain a certification from the sending school, the receiving school, or both schools, the student athlete may submit a written statement explaining why the student athlete is unable to obtain the certification.
9.2.3 An appearance by the student athlete and the student athlete's parent, guardian or Relative Caregiver before the Board is mandatory. An appearance by a school representative is strongly encouraged.
9.3 Waiver Requests of Non eligibility Rules
9.3.1 The Principal or Headmaster of a Member School, or any other individual may request a waiver of a rule or regulation not directly related to student eligibility when special circumstances arise that, in the Principal or Headmaster's opinion, or in the opinion of the individual, call for relief from, or modification of the effects of the rule or regulation.
9.3.2 All requests for non eligibility waivers must be in writing, signed by the Principal or Headmaster, or other individual.
9.3.3 An appearance by the applicant requesting the non eligibility waiver is optional. If the Principal or Headmaster or the Principal or Headmaster's designee or other individual requesting the non eligibility waiver chooses to appear before the Board the individual must notify the Executive Director of the individual's intent to do so at the time the request for waiver is filed. Otherwise, the individual may attend the meeting but may not be permitted to address the Board.
9.3.4 If the waiver requested would affect more than one Member School, the applicant shall provide the position of the other affected Member Schools on the waiver request in their written application. The failure to provide this information may result in a delay in the Board's consideration of the waiver request.
9.4 Exceptions to Playing Rules for Student Athletes
9.4.1 Notwithstanding subsection 9.1.1, a student athlete who requests an exception to a playing rule that has been adopted by the Board shall establish the following 4 conditions by a preponderance of the evidence:
9.4.1.1 The student athlete has special needs or unique or extenuating circumstances;
9.4.1.2 The requested exception will not fundamentally alter the sport;
9.4.1.3 The requested exception will not heighten risk to the student athlete or others; and
9.4.1.4 The requested exception will not place opponents at a disadvantage.
9.4.2 The request shall be on the form approved by the Board and it shall include:
9.4.2.1 The playing rule or rules at issue;
9.4.2.2 The exception that the student athlete requests; and
9.4.2.3 Documentation to support the 4 conditions in subsection 9.4.1.
9.4.3 An appearance by the student athlete and the student athlete's parent, guardian, or Relative Caregiver before the Board is mandatory. An appearance by a school representative is strongly encouraged.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-10.0** Appeal Procedure to the Board {#sec-1020-10.0 omnilex-key=us-de-regs-official--title-14--1020-10.0}
10.1 Decisions of the Executive Director or Sportsmanship Committee, with the exception of those to uphold or rescind the suspension resulting from a game ejection, may be appealed de novo to the Board.
10.1.1 Initiation of an Appeal to the Board
10.1.1.1 Whenever a right of appeal of a decision to the Board is provided, an aggrieved person who is under the regulatory authority of DIAA and who has, in fact, suffered a direct injury due to the decision, may initiate an appeal by filing a Notice of Appeal with the Executive Director. The notice shall be in writing, shall be signed by the person making the request (or by the party's authorized representative), and shall be delivered to the Executive Director by certified mail.
10.1.1.2 The notice of appeal shall briefly state the decision from which the appeal is taken, the law, rule or regulation involved in the decision, the names of the parties, and the grounds for the appeal.
10.1.1.3 The notice of appeal shall be filed within a reasonable time after the controversy arises, but in no event shall a notice be filed more than 30 calendar days after the appellant's receipt of written notice that official action has been taken by the Executive Director or other authorized person or body.
10.1.1.3.1 Notwithstanding the above, the notice of appeal shall be served 10 calendar days after appellant's receipt of written notice that official action has been taken by the Executive Director or the Sportsmanship Committee pursuant to 14 DE Admin. Code 1023 Sportsmanship.
10.1.1.4 A copy of the notice of appeal shall be delivered to all other parties to the proceeding at the same time it is sent to the Executive Director. A copy of any other paper or document filed with DIAA shall also be provided to all other parties to the proceeding. If a party is represented by legal counsel, delivery to legal counsel is sufficient.
10.1.1.5 Upon receipt of an adequately detailed notice of appeal, the Executive Director shall place the appeal on the next meeting agenda of DIAA.
10.1.1.6 An appeal shall not stay the decision of the Executive Director, the Sportsmanship Committee, or any other subordinate.
10.1.2 Record of Prior Proceedings
10.1.2.1 If proceedings were previously held on the matters complained of in the notice, the committee which conducted those proceedings shall file a certified copy of the record of the proceedings with the Executive Director.
10.1.2.2 The record shall contain any written decision, a copy of the rule or regulation involved, any minutes of the meetings at which a disputed action was taken, a verbatim transcript of the hearing conducted by the party below, and all exhibits presented at the agency.
10.1.2.3 The record shall be filed with the Executive Director within 10 calendar days of the date the Executive Director notifies the committee that the notice was filed, unless directed otherwise. A copy of the record shall be sent to the appellant when it is submitted to the Executive Director.
10.1.3 Board Hearing Procedures for Appeals
10.1.3.1 Record Review
10.1.3.1.1 If a hearing was previously held on the matters complained of in the notice, the parties to the proceeding before the Board may agree to submit the matter to the Board on the existing record without the presentation of additional evidence. The parties shall inform the Executive Director in writing of their agreement to submit the matter to the Board on the existing record no later than 10 calendar days after the notice was filed.
10.1.3.1.2 If the parties agree to submit the matter for decision on the existing record, they shall support their positions in written statements limited to matters in the existing record. The written statements shall be filed no later than 10 calendar days before the consideration date, unless otherwise directed.
10.1.3.1.3 If the parties agree to submit the matter for decision on the existing record, they may nonetheless request oral argument be heard on the consideration date. A request for oral argument shall be submitted with the written statement of appeal. There will be no oral argument unless it is requested when the written statement of appeal is submitted. Oral argument shall be limited to the matters raised in the written statements and shall be limited to 15 minutes per side with an additional 5 minutes for rebuttal.
10.1.3.1.4 If the parties agree to submit the matter for decision on the existing record, the Board's decision shall be based on the existing record, the written statements and oral argument, if any.
10.1.3.2 Evidentiary Hearings
10.1.3.2.1 Evidentiary hearings will be held when there has not been a prior hearing, when the parties do not agree to rest on the existing record, or when the Board otherwise decides to receive additional evidence.
10.1.3.2.2 The Chairperson or designee shall be the hearing officer. The hearing officer shall conduct the hearing and make rulings on the admissibility of evidence.
10.1.3.2.3 The Board may continue, adjourn, or postpone a hearing for good cause on motion of a party or upon its own motion.
10.1.3.2.4 Objections to the admission of evidence shall be brief and shall state the grounds for such objections. Objections with regard to the form of question will not be considered.
10.1.3.2.5 The hearing will proceed with the appellant first presenting its evidence and case. The responding party may then present its case. The appellant will have an opportunity to present rebuttal evidence.
10.1.3.2.6 Opening and closing arguments and post hearing submissions of briefs or legal memoranda will be permitted in the discretion of the Board.
10.1.3.2.7 Any person who testifies as a witness shall also be subject to cross examination by the other parties to the proceeding. Any witness is also subject to examination by the Board.
10.1.3.2.8 The Board may administer oaths, take testimony, hear proofs and receive exhibits into evidence at any hearing. Testimony at any hearing shall be under oath or affirmation.
10.1.3.2.9 Any party to a proceeding before the Board may be represented by counsel. An attorney representing a party in a proceeding before the Board shall notify the Executive Director of the representation in writing as soon as practicable.
10.1.3.2.10 Strict rules of evidence do not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.
10.1.3.2.11 Any document introduced into evidence at the hearing shall be marked by the Board and shall be a part of the record of the hearing. The party offering the document into evidence shall provide a copy of the document to each of the other parties, if any, and to each of the Board members present for the hearing unless otherwise directed.
10.1.3.2.12 DIAA shall provide a stenographic reporter at a hearing at its own expense.
10.1.3.2.13 The Board's decision shall be incorporated into a final order, which shall be signed and mailed to the parties within 20 calendar days of the hearing.
**History**
- *26 DE Reg. 186 (09/01/22)*
##### **14 Del. Admin. Code § 1020-11.0** Appeals to State Board of Education {#sec-1020-11.0 omnilex-key=us-de-regs-official--title-14--1020-11.0}
An appeal shall not stay the decision of the Board.
**History**
- *26 DE Reg. 186 (09/01/22)*
### **1021** DIAA Committees
##### **14 Del. Admin. Code § 1021-1.0** Content {#sec-1021-1.0 omnilex-key=us-de-regs-official--title-14--1021-1.0}
This regulation sets forth the process for an individual to be appointed or removed as a member of 1 of the standing committees, another committee, or subcommittee established by the Delaware Interscholastic Athletic Association's Board of Directors pursuant to 14 Del.C. §304(2). In addition, this regulation outlines committees' reporting requirements to the Board.
**History**
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 552 (01/01/23)*
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 195 (09/01/22)*
- *26 DE Reg. 552 (01/01/23)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
##### **14 Del. Admin. Code § 1021-2.0** Definitions {#sec-1021-2.0 omnilex-key=us-de-regs-official--title-14--1021-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Board" means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. ch. 3.
"Department" means the Delaware Department of Education established pursuant to 14 Del.C. §101.
"DIAA" means the Delaware Interscholastic Athletic Association established pursuant to 14 Del.C. §301.
**History**
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 552 (01/01/23)*
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 195 (09/01/22)*
- *26 DE Reg. 552 (01/01/23)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
##### **14 Del. Admin. Code § 1021-3.0** Standing Committees {#sec-1021-3.0 omnilex-key=us-de-regs-official--title-14--1021-3.0}
3.1 The Board has established the following standing committees:
3.1.1 The recognized sport committees are:
3.1.1.1 Baseball Committee
3.1.1.2 Boys' Basketball Committee
3.1.1.3 Boys' Lacrosse Committee
3.1.1.4 Boys' Soccer Committee
3.1.1.5 Boys' Volleyball Committee
3.1.1.6 Boys' Wrestling Committee
3.1.1.7 Cross Country Committee
3.1.1.8 Field Hockey Committee
3.1.1.9 Football Committee
3.1.1.10 Girls' Basketball Committee
3.1.1.11 Girls' Lacrosse Committee
3.1.1.12 Girls' Soccer Committee
3.1.1.13 Girls' Volleyball Committee
3.1.1.14 Girls' Wrestling Committee
3.1.1.15 Golf Committee
3.1.1.16 Softball Committee
3.1.1.17 Swimming and Diving Committee
3.1.1.18 Tennis Committee
3.1.1.19 Track and Field Committee
3.1.2 The other committees are:
3.1.2.1 Competition Committee
3.1.2.2 Officials Committee
3.1.2.3 Rules and Regulations Committee
3.1.2.4 Sports Medicine Advisory Committee
3.1.2.5 Sportsmanship Committee
3.1.2.6 Student-Athlete Development Committee
3.1.2.7 Unified Sports® Committee
3.2 The Board may appoint additional committees to assist in the performance of its duties.
**History**
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 552 (01/01/23)*
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 195 (09/01/22)*
- *26 DE Reg. 552 (01/01/23)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
##### **14 Del. Admin. Code § 1021-4.0** Committee and Subcommittee Membership {#sec-1021-4.0 omnilex-key=us-de-regs-official--title-14--1021-4.0}
4.1 Committees shall consist of no less than 10 and no more than 15 committee members. Notwithstanding the foregoing, the Unified Sports® Committee shall consist of no less than 10 and no more than 18 committee members and shall include 1 representative for each Unified Sport® recognized by DIAA.
4.2 Committee members shall have expertise in the committee's subject matter.
4.3 Committee membership shall be as provided in subsections 4.3.1 through 4.3.3.
4.3.1 Each recognized sport committee, as provided in subsection 3.1.1, may consist of the following members:
4.3.1.1 At least 1 athletic director from a DIAA Member School. If there are 2 or more athletic directors on a recognized sport committee, the athletic directors shall be from DIAA Member Schools in different counties;
4.3.1.2 One representative each from the Blue Hen, Diamond State, Henlopen, and Independent Conferences;
4.3.1.3 One non-conference representative;
4.3.1.4 One coaches' association representative;
4.3.1.5 One officials' association representative from each DIAA-recognized association in the applicable sport; and
4.3.1.6 At least 1 public member who is a current Delaware resident at the time of application. If there are 2 or more public members on a recognized sport committee, the public members shall reside in different counties in Delaware.
4.3.2 All other committees, including the committees provided in subsection 3.1.2, may consist of the following members:
4.3.2.1 Administrators from DIAA Member Schools in different counties;
4.3.2.2 Athletic directors from DIAA Member Schools in different counties;
4.3.2.3 Coaches from DIAA Member Schools in different counties;
4.3.2.4 Local school board members from DIAA Member Schools in different counties;
4.3.2.5 Officials who officiate at DIAA Member Schools;
4.3.2.6 Public members who are current Delaware residents at the time of application and who reside in different counties;
4.3.2.7 Physicians and sports medicine professionals who hold an active, unencumbered license to practice in Delaware;
4.3.2.8 School staff members from DIAA Member Schools in different counties;
4.3.2.9 DIAA State Interpreters;
4.3.2.10 Coaches' association representatives; and
4.3.2.11 Mental health professionals who hold an active, unencumbered license to practice in Delaware.
4.3.3 The Student-Athlete Development Committee may also include school counselors, mental health professionals, and school climate or student discipline personnel from DIAA Member Schools in different counties.
4.4 The Executive Director shall make a call for applications to fill vacancies on committees. Prospective and current committee members shall submit a DIAA Committee Application to the DIAA Office. The Executive Director and the committee's chairperson shall review the applications and make recommendations to the Board for approval and appointment or reappointment.
4.5 Each committee shall elect a chairperson, vice chairperson, and secretary every 2 years.
4.5.1 The committee chairperson shall preside over all meetings of the committee.
4.5.2 The committee's vice chairperson shall serve in the capacity of the committee's chairperson in the chairperson's absence.
4.6 An individual may be appointed to serve on no more than 1 recognized sport committee during a particular season.
4.7 Committee and subcommittee members shall serve staggered 4-year terms.
4.8 Committee members who miss 3 consecutive meetings shall be reported to the Board, which may appoint replacement committee members.
4.9 The Board may remove a committee member whose actions are contradictory to the committee's purpose or DIAA's purpose or are in violation of applicable law. In such case, the Board shall appoint a replacement committee member.
**History**
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 552 (01/01/23)*
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 195 (09/01/22)*
- *26 DE Reg. 552 (01/01/23)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
##### **14 Del. Admin. Code § 1021-5.0** Committee Reports and Recommendations {#sec-1021-5.0 omnilex-key=us-de-regs-official--title-14--1021-5.0}
5.1 The recognized sport committees, as provided in subsection 3.1.1, shall provide a report to the Board at the conclusion of the state tournament for their sport. The other committees, as provided in subsection 3.1.2, shall provide a progress report to the Board on a quarterly basis.
5.2 Committees shall submit the report in writing to the DIAA Office or designate at least 1 committee member to deliver the report in writing at the Board's next regularly scheduled meeting.
5.3 Recommendations to the Board from committees shall be submitted in writing to the DIAA Office at least 1 week prior to the Board's next regularly scheduled meeting. The committee shall designate at least 1 committee member to attend the Board's meeting and present the committee's recommendation to the Board.
**History**
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 552 (01/01/23)*
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 195 (09/01/22)*
- *26 DE Reg. 552 (01/01/23)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
##### **14 Del. Admin. Code § 1021-6.0** Administrative Assistance from DIAA Office {#sec-1021-6.0 omnilex-key=us-de-regs-official--title-14--1021-6.0}
DIAA shall provide administrative assistance to the committees subject to the Executive Director's approval and supervision.
**History**
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 552 (01/01/23)*
- *26 DE Reg. 552 (01/01/23)*
- *28 DE Reg. 664 (03/01/25)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
- *28 DE Reg. 664 (03/01/25)*
- *26 DE Reg. 195 (09/01/22)*
- *26 DE Reg. 552 (01/01/23)*
- *27 DE Reg. 154 (09/01/23)*
- *27 DE Reg. 523 (01/01/24)*
- *28 DE Reg. 664 (03/01/25)*
### **1023** DIAA Sportsmanship
##### **14 Del. Admin. Code § 1023-1.0** Definitions and Sportsmanship {#sec-1023-1.0 omnilex-key=us-de-regs-official--title-14--1023-1.0}
1.1 Definitions
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Board” means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Chapter 3.
"DIAA" means the Delaware Interscholastic Athletic Association.
“Executive Director” means the Executive Director of the Delaware Interscholastic Athletic Association.
“Member School” means a full or associate member school of the Delaware Interscholastic Athletic Association.
“Principal” or “headmaster” means the chief or head individual in charge of a school who is traditionally referred to or generally known as the principal or headmaster, including head of school, administrator, executive director, or charter head.
“School days” shall mean actual school attendance days during the regular academic school year including a partial day that children are in attendance at school for instructional purposes as adopted by the district or governing body of the school not to include weekends, holidays, summer school, etc.
1.2 Sportsmanship
1.2.1 Member Schools are required to conduct all of their athletic affairs with other schools in a spirit of good sportsmanship. Acts which are prima facie evidence of a failure to abide by this rule are those which are noted below and others of a similar nature which transgress the usually accepted code for good sportsmanship.
1.2.1.1 Failure to provide for proper control of spectators at a contest. When the number of spectators is expected to be large in relation to the seating capacity of the facility, uniformed State, county, or local police or constables appointed in accordance with 10 Del.C. Ch. 27 shall be provided for crowd control. The host school is expected to take reasonable and proper steps to assure crowd control under any foreseeable conditions.
1.2.1.2 Failure of a team or competitor to stay in a contest until its normal end when failure to do so is related to dissatisfaction with the officiating of the contest, unless the physical safety of the team or competitor would have been endangered by continuing the contest.
1.2.1.3 Harassment of game officials by a coach. Going onto the playing surface to interrupt a contest in protest of a decision by an official; conduct by a coach, team member, or any individual in the official party which invokes a penalty against the team; continued and visible actions by a coach which indicate to the team and to the spectators that the coach believes the game is being improperly officiated; public demonstrations with game officials which indicate to others extreme dissatisfaction with the officiating; and such related actions when exhibited in aggravated form are evidence of poor sportsmanship.
1.2.1.4 Failure of a school to use every means at its disposal to impress upon its faculty, student body, team members, coaching staff, and spectators the importance of good sportsmanship before, during, and after athletic contests. The host school is encouraged to read a brief statement concerning sportsmanship prior to the start of each athletic contest.
1.2.1.5 Failure of an administrator, athletic director, coach, athlete, official, or spectator to comply with the directions stipulated in the following Code of Interscholastic Athletics:
1.2.1.5.1 The school administrator and athletic director shall:
1.2.1.5.1.1 Encourage and promote friendly relations and good sportsmanship throughout the school by requiring courtesy and proper decorum at all times, by familiarizing students and others in the community with the ideals of good sportsmanship, and by publicizing these concepts and attitudes so that all members of the school community understand and appreciate their meaning.
1.2.1.5.1.2 Review the Sportsmanship Rule with all athletic staff.
1.2.1.5.1.3 Insist upon strict compliance with all DIAA rules and regulations.
1.2.1.5.1.4 Insist upon adequate safety provisions for both participants and spectators in all activities.
1.2.1.5.1.5 Encourage all to judge the success of the interscholastic athletic program based on the attitude of the participants and spectators rather than on the number of games won or lost.
1.2.1.5.1.6 Insist that all participants adhere to the highest standards of good sportsmanship as a means of ensuring desirable spectator attitudes.
1.2.1.5.1.7 Provide sanitary and attractive facilities for the dressing and housing of visiting teams and officials.
1.2.1.5.1.8 Develop and implement policies for their interscholastic athletic programs to discourage acts of bullying, hazing, and taunting.
1.2.1.5.2 Coaches. The function of coaches is to educate students through participation in interscholastic athletics. An interscholastic program shall be designed to enhance academic achievement and shall never interfere with opportunities for academic success. Each student shall be treated with the utmost respect and the student athlete’s welfare should be considered in decisions by the coach at all times. Therefore, coaches shall:
1.2.1.5.2.1 Demonstrate high ideals, good habits, and desirable attitudes in their personal and professional behavior and demand the same of their players. Coaches must uphold the dignity and honor of the profession of educator-coach. Their interaction with all students, officials, school staffs, athletic directors, administrators, the state association, the media and the general public (fans) shall be of the highest ethical and moral standard.
1.2.1.5.2.2 Recognize that the purpose of competition is to promote the physical, mental, social, and emotional well being of the individual players and that the most important values of competition are derived from playing the game fairly. Coaches must recognize the tremendous influence they have on their student-athletes and must never place the value of winning above the value of instilling the highest ideals of character. Coaches must never exert pressure on faculty members to give students special consideration.
1.2.1.5.2.3 Be a modest winner and a gracious loser. Sportsmanship shall be a key component of their coaching.
1.2.1.5.2.4 Maintain self control at all times and accept adverse decisions without public display of emotion or dissatisfaction with the officials. Register disagreement through proper channels. Coaches shall exert their influence to enhance sportsmanship by spectators.
1.2.1.5.2.5 Employ accepted educational methods in coaching and give players an opportunity to develop and use initiative, leadership, and judgment.
1.2.1.5.2.6 Pay close attention to the physical well-being of players, refusing to jeopardize the health of an individual for the sake of improving their team's chances to win. Coaches must be properly informed of all required national, state and local safety policies and procedures.
1.2.1.5.2.7 Teach athletes that it is better to lose fairly than to win unfairly.
1.2.1.5.2.8 Establish policies which discourage the unlawful use of drugs, medications, and non-prescribed drugs. Coaches shall set an example to athletes by not using these products in their presence. Do not allow gambling, profanity, abusive language, and similar violations of the true student athlete’s code.
1.2.1.5.2.9 Refuse to disparage an opponent, an official, or others associated with interscholastic athletics and discourage gossip and rumors about them. Actively set an example of respect and support for contest officials and opponents. Coaches must be highly ethical in all forums, chat rooms and all forms of social media and communication regarding the sport and participants.
1.2.1.5.2.10 Properly supervise the athletes under their immediate care.
1.2.1.5.2.11 Enforce school policies regarding bullying, hazing, and taunting and never tolerate any of these actions by team members or others.
1.2.1.5.2.12 Know the playing rules and procedures of their sport and teach them to team members. Coaches shall insist upon strict compliance with all DIAA rules and regulations and never seek an advantage by circumvention of the spirit or letter of the rules.
1.2.1.5.2.13 Never illegally recruit athletes.
1.2.1.5.3 Participants (athletes and cheerleaders) shall:
1.2.1.5.3.1 Be responsible for the perpetuation of interscholastic athletics. Strive to enhance the image of athletics not only as a member of a team but also as a member of their school and community.
1.2.1.5.3.2 Be courteous to the visiting team. The opponent wants to excel as much as the home team. Respect their efforts.
1.2.1.5.3.3 Play hard to the limit of personal ability regardless of discouragement. The true student athlete does not give up, quarrel, cheat, bet, or grandstand.
1.2.1.5.3.4 Be modest when successful and be gracious in defeat. A true student athlete does not offer excuses for failure.
1.2.1.5.3.5 Understand and observe the playing rules of the game and the standards of eligibility.
1.2.1.5.3.6 Respect the integrity and judgment of the officials and accept their decisions without complaint.
1.2.1.5.3.7 Respect the facilities of the host school and do not violate the trust entailed in being a guest.
1.2.1.5.3.8 Refrain from participating in or encouraging the acts of bullying, hazing, and taunting.
1.2.1.5.3.9 Respect others including fellow students, athletes, opponents, coaches, officials in all areas including public forums and social media. Display highly ethical conduct in all forums, chat rooms and all forms of social media and communication.
1.2.1.5.4 Officials. Officials at an interscholastic athletic event are participants in the educational development of high school students. As such, they must exercise a high level of self-discipline, independence and responsibility. Therefore, officials shall:
1.2.1.5.4.1 Know the rules and interpretations and mechanics of their sport and be thoroughly trained to administer them. Be prepared and qualified both mentally and physically for the contest they are officiating, dress neatly and appropriately, and comport themselves in a manner consistent with the high standards of the profession.
1.2.1.5.4.2 Maintain self control in all situations and with all persons.
1.2.1.5.4.3 When enforcing the rules, do not make gestures or comments that will embarrass the players or coaches. Be mindful that their conduct influences the respect and conduct of students, coaches and the public. Remember the field, court, pool, or mat is a classroom.
1.2.1.5.4.4 Be impartial and fair, yet firm, in all decisions. A good official will not attempt to compensate later for an unpopular decision.
1.2.1.5.4.5 Refrain from commenting upon or discussing a team, player, or game situation with those not immediately concerned. This shall include all forms of public communication and social media. The official must be highly ethical in all forums, chat rooms, and all forms of social media and communication regarding the sport and participants.
1.2.1.5.4.6 Conduct the game so as to enlist the cooperation of the players, coaches, and spectators in promoting good sportsmanship. Set a professional example by being punctual and under control at all times. Uphold the honor and dignity of the profession in all interaction with student-athletes, coaches, athletic directors, school administrators, colleagues, and the public.
1.2.1.5.4.7 Refrain from participating in or encouraging the acts of bullying, hazing, and taunting. Do not tolerate nor let go unpenalized any of these actions.
1.2.1.5.4.8 Be educated in all national, state and local safety procedures that are required of them. Work with event management and the state association to eliminate unsafe conditions or situations.
1.2.1.5.5 Spectators shall:
1.2.1.5.5.1 Realize that they represent the school just as definitely as does a member of the team, and that they have an obligation to be a true student athlete and to encourage through their behavior the practice of good sportsmanship by others.
1.2.1.5.5.2 Recognize that good sportsmanship is more important than victory by approving and applauding good team play, individual skill, and outstanding examples of sportsmanship and fair play exhibited by either team. The following are some examples of poor sportsmanship which shall not be tolerated:
1.2.1.5.5.2.1 Profanity, vulgarity, obscene gestures, abusive language, or derogatory remarks.
1.2.1.5.5.2.2 Throwing objects.
1.2.1.5.5.2.3 Going onto the playing surface and interrupting a contest.
1.2.1.5.5.2.4 Use of alcohol or other controlled substances.
1.2.1.5.5.3 Respect the judgment and integrity of the officials, recognizing that their decisions are based upon game conditions as they observe them.
1.2.1.5.5.4 Treat visiting teams and officials as guests extending to them every courtesy.
1.2.1.5.5.5 Be modest in victory and gracious in defeat.
1.2.1.5.5.6 Refrain from participating in or encouraging the acts of bullying, hazing, and taunting.
**History**
- *11 DE Reg. 1635 (06/01/08)*
- *15 DE Reg. 72 (07/01/11)*
- *19 DE Reg. 493 (12/01/15)*
- *22 DE Reg. 162 (08/01/18)*
- *23 DE Reg. 114 (08/01/19)*
- *28 DE Reg. 292 (10/01/24)*
- *3 DE Reg. 436 (09/01/99)*
- *6 DE Reg. 285 (09/01/02)*
- *7 DE Reg. 1692 (06/01/04)*
- *11 DE Reg. 1635 (06/01/08)*
- *15 DE Reg. 69 (07/01/11)*
- *19 DE Reg. 493 (12/01/15)*
- *22 DE Reg. 162 (08/01/18)*
- *23 DE Reg. 114 (08/01/19)*
- *28 DE Reg. 292 (10/01/24)*
##### **14 Del. Admin. Code § 1023-2.0** Processing Violations {#sec-1023-2.0 omnilex-key=us-de-regs-official--title-14--1023-2.0}
2.1 Procedures
2.1.1 The Executive Director is specifically authorized to pursue any matter which, on the surface, has indications of being a sportsmanship violation.
2.1.2 Within 20 calendar days of the incident, an alleged sportsmanship violation must be reported in writing to the Executive Director by the administrative head of a Member School or by the executive board of an officials’ association. However, investigations involving contest ejections or altercations involving students or coaches may require an expedited procedure and must be reported to the Executive Director within 24 hours. The Executive Director is authorized to expedite the procedure in order to assure a ruling prior to the next contest played at that level of competition including post season play.
2.1.3 The Executive Director shall transmit a copy of the report to the principal or headmaster or official designee of the school involved.
2.1.4 Each principal or headmaster concerned shall investigate and provide such information or answers to the report as are appropriate.
2.1.5 The Executive Director shall provide Member Schools and officials’ associations with a specially designed form to facilitate the proper reporting of sportsmanship related incidents.
2.1.6 Upon receipt of all reports, the Executive Director shall review the documents and inform the school involved of the disposition of the matter. The Executive Director may, in turn, refer the matter to the Sportsmanship Committee to investigate and adjudicate what appears to be a violation of the Sportsmanship Rule.
2.1.7 The Sportsmanship Committee shall review such available evidence as it deems necessary to reach a conclusion. Actions such as requesting reports and conducting interviews should not be interpreted as casting aspersions on a school adhering to DIAA regulations, but as an effort to keep all parties properly informed. Penalties up to and including suspensions of Member Schools may be imposed by the Sportsmanship Committee.
2.1.8 A copy of the Sportsmanship Committee's action shall be filed with the Executive Director and the administrative head of the school involved.
2.2 Policies
2.2.1 The basis for the following policy statement is that a Member School shall not be represented by individuals whose conduct reflects discredit upon the school. Insofar as unsportsmanlike actions by participants and spectators are concerned, the Sportsmanship Committee shall refer to the items previously identified in the Code of Interscholastic Athletics as well as the following guidelines:
2.2.1.1 The school whose administrator or athletic director behaves in a manner likely to have an adverse influence on the attitudes of the players or spectators may be provided with a choice of:
2.2.1.1.1 Reprimanding its administrator or athletic director and providing written documentation to the Executive Director; or
2.2.1.1.2 Suspending its administrator or athletic director from representing the school in athletic events for a specified period of time not to exceed 180 school days; or
2.2.1.1.3 Having the entire school disciplined by DIAA.
2.2.1.2 An athlete shall not strike an official, opponent, coach, or spectator or display gross misconduct before, during, or after an athletic event. The athlete, depending on the seriousness of the act, may be declared ineligible by the principal, headmaster, Executive Director, or Sportsmanship Committee for a specified period of time not to exceed 180 school days.
2.2.1.3 In the case of spectators physically assaulting an official, coach, or player, the school may be given the option of either taking punitive action against the offender or accepting discipline from DIAA.
2.2.1.4 Member Schools that do not fully cooperate in promoting the spirit of the Sportsmanship Rule may be disciplined by DIAA.
2.2.1.5 The school whose coach behaves in a manner likely to have an adverse influence on the attitudes of the players or spectators may be provided with a choice of:
2.2.1.5.1 Reprimanding its coach and providing written documentation to the Executive Director; or
2.2.1.5.2 Suspending its coach from representing the school in athletic events for a specified period of time not to exceed 180 school days; or
2.2.1.5.3 Having the entire school disciplined by DIAA.
2.2.1.6 An administrator, athletic director, or coach may be considered as having committed an unsportsmanlike act if:
2.2.1.6.1 That person makes disparaging remarks about the officials during or after a game either on the field of play, from the bench, or through any public news media; or
2.2.1.6.2 That person argues with the official or indicates with gestures or other physical actions dislike for a decision; or
2.2.1.6.3 That person detains the official on the field of play following a game to request a ruling or explanation of some phase of the game; or
2.2.1.6.4 That person makes disparaging or unprofessional remarks about another school's personnel.
2.2.1.7 All actions by a Member School resulting from an investigation relative to the policies in subsections 2.2.1.6 through 2.2.1.6.4 shall be subject to approval by the Executive Director or the Sportsmanship Committee.
2.3 Penalties
2.3.1 Unless otherwise limited, the Executive Director and Sportsmanship Committee may impose penalties on a Member School, a particular team of a Member School, a particular athlete, coach, or administrator of a Member School, an official, or a spectator, as deemed necessary based on the particular circumstances. The following are examples of possible penalties and represent degrees of discipline in enforcing the Sportsmanship Rule:
2.3.1.1 Reprimand: a reprimand is official written notice that an unethical or unsportsmanlike action has occurred and that such an occurrence must not be repeated. A reprimand is a matter of record.
2.3.1.2 Probation: probation is a more severe penalty and may be expressed in one of the following ways:
2.3.1.2.1 Conditional probation wherein the offending individual or Member School may participate in regular season contests, sanctioned events, and conference and state championships provided the offending person or the school files with the DIAA office a plan indicating the measures that shall be taken to alleviate the problem which caused the offending person or the school to be placed on probation; or
2.3.1.2.2 Restrictive probation wherein a Member School or a particular team of a Member School may engage in its regular season schedule but may not enter any sanctioned events, participate in any playoff toward a conference or state championship, or be awarded a conference or state championship.
2.3.1.3 Suspension: a suspension means that the offending individual or Member School shall not attend or participate in any DIAA sanctioned interscholastic competition and may also include tryouts.
2.3.2 Game Ejection
2.3.2.1 A player or coach disqualified before, during, or after a contest for an unsportsmanlike act shall be suspended from the next complete (a winner is determined or a tie is declared) contest at that level of competition and all other complete or suspended contests in the interim at any level of competition in addition to any other penalties which DIAA may impose.
2.3.2.1.1 A player who leaves the team bench area and enters the playing field, court, or mat during a fight or other physical confrontation shall be ejected from the contest. Additional penalties may be imposed if a player leaving the bench area becomes involved in the altercation.
2.3.2.2 A disqualified player or coach shall not be physically present at any contest in that sport during the suspension.
2.3.2.2.1 The coach or player shall not be present at any game-related activities immediately before the contest, during the intermission, or immediately after the contest. The coach or player must be "out of sight and sound" of the game and game-related activities regardless of whether the coach or player is physically on school premises.
2.3.2.2.2 If the offending coach or player is present at a game or game-related activity during the suspension in any capacity, including manager, statistician, site worker, spectator, etc., the coach or player shall be suspended for 1 additional game at that level of competition.
2.3.2.3 If a coach or athlete is disqualified from the final contest of the season, the suspension shall carry over to the next year in that sport.
2.3.2.3.1 Coaches who do not fulfill their penalty in the same sport shall be disqualified for the appropriate length of time in their subsequent coaching assignment.
2.3.2.3.2 Athletes who do not fulfill their penalty in the same sport or who do not retain eligibility shall be disqualified for the appropriate length of time in their next sport.
2.3.2.3.2.1 Seniors shall fulfill their penalty in another sport during the same season or another sport during a subsequent season.
2.3.2.3.2.2 When a senior is disqualified from the last game of the student athlete’s high school career, the Member School shall take appropriate administrative action to discipline the offending student, which may include withdrawing the student from a post-season all-star game. The Member School shall report the action taken to the Sportsmanship Committee.
2.3.2.4 A player or coach ejected for a second time during the same season shall be subjected to a 2 game suspension and shall meet, in a timely fashion, with the Sportsmanship Committee accompanied by the principal or designee and, in the case of an athlete, by the coach.
2.3.2.5 Appeal of a contest suspension resulting from a game ejection
2.3.2.5.1 A coach or player may appeal a contest suspension resulting from a game ejection to the DIAA Executive Director. Contest suspensions that may be appealed include suspensions from game ejections under the individual sport playing rules, other DIAA policies, or a suspension under subsections 2.3.1.1 or 2.3.1.1.1. The Executive Director may decide the appeal or, in the Executive Director's discretion, refer it to the Sportsmanship Committee or a subcommittee that may include the Board's Chairperson, the Sportsmanship Committee's Chairperson, the committee chairperson of the applicable recognized sports committee, the State rules interpreter for the applicable sport, a representative of the applicable officials' association, and any other individuals the Executive Director deems necessary.
2.3.2.5.2 If the Executive Director is unable to make a decision before the next contest, the suspension remains in effect. The Executive Director's, Sportsmanship Committee's, or subcommittee's decision to uphold or rescind the suspension resulting from a game ejection may not be appealed to the Board.
2.4 Appeals. Decisions of the Executive Director or Sportsmanship Committee with the exception of those to uphold or rescind the suspension resulting from a game ejection may be appealed to the DIAA Board of Directors in accordance with the procedure found in 14 DE Admin. Code 1006, Section 10.0. In accordance with 14 DE Admin. Code 1006, subsection 10.1.1.3.1, the notice of appeal shall be served by certified mail within 10 calendar days after the appellant’s receipt of the written notice that official action has been taken by the Executive Director or Sportsmanship Committee. An appeal shall not stay the decision of the Executive Director, the Sportsmanship Committee, or any other subordinate.
**History**
- *11 DE Reg. 1635 (06/01/08)*
- *15 DE Reg. 72 (07/01/11)*
- *19 DE Reg. 493 (12/01/15)*
- *22 DE Reg. 162 (08/01/18)*
- *23 DE Reg. 114 (08/01/19)*
- *28 DE Reg. 292 (10/01/24)*
- *3 DE Reg. 436 (09/01/99)*
- *6 DE Reg. 285 (09/01/02)*
- *7 DE Reg. 1692 (06/01/04)*
- *11 DE Reg. 1635 (06/01/08)*
- *15 DE Reg. 69 (07/01/11)*
- *19 DE Reg. 493 (12/01/15)*
- *22 DE Reg. 162 (08/01/18)*
- *23 DE Reg. 114 (08/01/19)*
- *28 DE Reg. 292 (10/01/24)*
### **1024** DIAA Member Schools
##### **14 Del. Admin. Code § 1024-1.0** Content {#sec-1024-1.0 omnilex-key=us-de-regs-official--title-14--1024-1.0}
In accordance with 14 Del.C. §303, this regulation sets forth requirements for DIAA Member Schools, which include all public middle and high schools and such nonpublic middle and high schools in Delaware that elect to become Member Schools.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-2.0** Definitions {#sec-1024-2.0 omnilex-key=us-de-regs-official--title-14--1024-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Administrative head" means the chief or head individual in charge of a DIAA Member School, traditionally referred to or generally known as the principal or headmaster.
"Board" means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Ch. 3.
"Department" means the Delaware Department of Education established pursuant to 14 Del.C. §101.
"DIAA" means the Delaware Interscholastic Athletic Association established pursuant to 14 Del.C. §301.
"Member School" means a full or associate member school of the DIAA.
"Practice" means working on skills for a particular sport within a single team at a Member School as guided by coaches and includes team workouts and inner-team scrimmages.
"Unified Sports" means a co-ed program that combines an approximately equal number of students with and without autism or intellectual disabilities on a sports team for training and interscholastic competition.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-3.0** Process for Becoming a DIAA Member School {#sec-1024-3.0 omnilex-key=us-de-regs-official--title-14--1024-3.0}
3.1 Full Member Schools: Any middle and secondary school located within the boundaries of the State and containing grades 6 through 8, or 8 through 12, or any grouping of such grade levels, including nonpublic, private, and public schools, authorized by Title 14 of the Delaware Code, may become a full Member School of DIAA. Membership requires the payment of dues and a signed affirmation of the obligations of membership.
3.1.1 A full Member School is a non-voting member of DIAA and does not participate in its day-to-day governance. A full Member School may, at any time, make appropriate recommendations for policy action to the Board for its consideration.
3.1.2 Membership shall include all middle and secondary public schools participating in interscholastic athletics and such nonpublic schools that may elect to become full or associate members.
3.2 Associate Member School: Any school, not a full Member School, located within the boundaries of the State and containing grades 6 through 8, or 8 through 12, or any grouping of such grade levels, may apply for status as an associate Member School provided the applicant sets forth good cause and sufficient justification why such school cannot become a full Member School. The initial application may be submitted at any time but renewal applications shall be submitted to the DIAA office no later than May 1 of each year.
3.2.1 Associate Membership Criteria. The membership application shall contain a statement that the school will abide by the rules and regulations governing interscholastic athletics and in those cases where the school cannot comply, the application shall set forth the specific rule and regulation, and a sufficiently acceptable explanation of why the rule or regulation cannot be kept in force or why the school is incapable of compliance. Full compliance shall be made with all rules and regulations when an associate Member School competes with a full Member School of DIAA or a comparable state association; participates in DIAA sanctioned tournaments and meets in cross country, indoor track, wrestling (except dual team tournaments), outdoor track, and golf involving the aforementioned schools; or participates in a state championship event.
3.2.2 Such associate Member Schools, after initial approval, shall be reviewed each year by the Board for the purpose of approving, rejecting, or modifying their application for renewal of associate member status.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-4.0** Annual Membership Dues {#sec-1024-4.0 omnilex-key=us-de-regs-official--title-14--1024-4.0}
4.1 Pursuant to 14 Del.C. §304(1), yearly dues for full member and associate Member Schools shall be as follows:
4.1.1 $600 for middle schools. If a middle school and high school are located in the same administrative unit and the combined student enrollment of grades 6th through 12th is 499 or less then the school shall pay only the high school fee and be exempt from the middle school fee.
4.1.2 $850 for high schools with enrollments of 499 or less.
4.1.3 $1,100 for high schools with enrollments of 999 or less.
4.1.4 $1,350 for high schools with enrollments of 1,499 or less.
4.1.5 $1,600 for high schools with enrollments of 1,999 or less.
4.1.6 $1,850 for high schools with enrollments of 2,000 or more.
4.2 Enrollment figures shall be based on the September 30 enrollment count from the prior school year as verified by the Department.
4.3 Membership dues shall be paid each year by October 1st. Member Schools that have not paid dues by January 1st shall be assessed a 10% late fee. Full member and associate Member Schools which fail to comply may be subject to penalties as determined by the Board.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-5.0** Compliance with Regulations {#sec-1024-5.0 omnilex-key=us-de-regs-official--title-14--1024-5.0}
Member Schools shall comply with the regulations governing interscholastic athletics. Acceptance of membership shall be construed as an agreement to that effect.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-6.0** Reporting Violations of Regulations {#sec-1024-6.0 omnilex-key=us-de-regs-official--title-14--1024-6.0}
If a Member School violates a provision of the regulations governing interscholastic athletics the administrative head or designee shall notify the Executive Director in writing of the violation. The Executive Director may impose immediate penalties. All violations shall be reviewed by the Board which may impose additional penalties. The Executive Director or Board may impose additional penalties above the automatic penalties listed within the specific regulation violated as deemed necessary to assure proper conduct of interscholastic athletics or for repeat offenses.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-7.0** Required Use of Approved Officials {#sec-1024-7.0 omnilex-key=us-de-regs-official--title-14--1024-7.0}
7.1 Member Schools and tournament sponsors shall be required to use officials recognized and approved by DIAA for interscholastic contests. Use of non-approved officials without permission from the Executive Director shall result in the school or tournament sponsor being assessed a $100 fine per game per non-approved official. In the case of emergencies, such as an act of God, refusal by an association to work games, or a shortage of qualified officials, Member Schools which desire to use other than approved officials must obtain permission from the Executive Director.
7.2 If more than 1 association is approved to officiate a particular sport, a conference or, in the absence of a conference affiliation, an individual school shall determine which association shall provide the officials for its home contests.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-8.0** School and Team Competition {#sec-1024-8.0 omnilex-key=us-de-regs-official--title-14--1024-8.0}
8.1 Sponsoring Interscholastic Teams. Interscholastic competition is defined as any athletic contest between students representing 2 or more schools. Members of school clubs who participate in non-competitive, recreational activities or compete unattached are not considered to be engaged in interscholastic competition. Students are considered to be engaged in interscholastic competition representing a school if the school does any of the following:
8.1.1 Partially or wholly subsidizes the activity (providing equipment, uniforms, transportation, entry fees, etc.).
8.1.2 Controls and administers the funds, regardless of their source, needed to conduct the activity.
8.1.3 Permits students to compete under the name of the school.
8.1.4 Publicizes or promotes the activity through announcements, bulletins, or school sponsored publications in excess of what is customarily done for "outside" organizations.
8.1.5 Presents or displays individual or team awards.
8.2 Schools may sponsor teams for interscholastic competition in a sport provided the following criteria are met:
8.2.1 The governing body of the participating district or nonpublic school approves participation in the sport. The administrative head shall notify the Executive Director in writing of the school's intent to sponsor a team in a new sport.
8.2.2 The governing body of the participating district or nonpublic school controls the funds needed to support the proposed team, regardless of their source, in the same manner as existing teams (coaches' salaries, purchase and repair of equipment, medical supervision, transportation, preparation and maintenance of practice and game facilities, awards, etc.). Requests from outside sources to make financial contributions or to donate equipment or services must be submitted in writing and must include an acknowledgment that the equipment becomes the property of the school. The contribution or donation must be approved in writing by the administrative head.
8.2.3 The participating schools agree to comply with all applicable DIAA rules and regulations.
8.3 Levels of Participation - High School
8.3.1 Level 1 or developmental sport, less than 12 participating schools at the varsity level. DIAA rules and regulations shall not be in effect.
8.3.2 Level 2 or recognized sport, 12 or more participating schools at the varsity level.
8.3.2.1 Participating schools must petition the Board for official recognition of the sport. Notwithstanding the foregoing requirement, if 10 or more participating schools offer a Unified sport at the varsity level, the schools may petition the Board for official recognition of that Unified sport.
8.3.2.2 At the time of official recognition, DIAA shall provide rules publications to the participating schools, designate an approved officials' association, conduct an annual or biannual rules clinic for coaches and officials, establish a maximum game schedule, and form a committee to promote the continued development of the sport and prepare for a future state championship. All DIAA rules and regulations shall then be in effect.
8.3.3 Level 3 or championship sport, 16 or more participating schools at the varsity level. Upon petition by the sport committee and adoption of a tournament proposal, DIAA shall establish a state championship. Notwithstanding the foregoing requirement, DIAA may establish a state championship for Unified Sports that have a minimum of 12 participating schools at the varsity level.
8.3.4 Withdrawal of level 2 or level 3 status. If, for 2 consecutive years, less than the required number of schools participate in a sport, DIAA may withdraw official recognition or suspend the state tournament/meet for a period of time as determined by the Board.
8.4 Levels of Participation - Middle School
8.4.1 Level 1 or developmental sport, less than 7 participating schools. DIAA rules and regulations shall not be in effect.
8.4.2 Level 2 or recognized sport, 7 or more participating schools.
8.4.2.1 Participating schools must petition the Board for official recognition of the sport.
8.4.2.2 At the time of official recognition, DIAA shall provide rules publications to the participating schools, designate an approved official's association, conduct an annual or biannual rules clinic for coaches and officials, and establish a maximum game schedule. DIAA rules and regulations shall then be in effect.
8.4.3 Withdrawal of level 2 status. If, for 2 consecutive years, less than the required number of schools participate in a sport, DIAA may withdraw official recognition for a period of time as determined by the Board.
8.5 Membership on Coed Teams
8.5.1 If a school sponsors a boys' team and a girls' team in a particular sport, boys shall participate on the boys' team and girls shall participate on the girls' team even if the teams compete during different seasons. Sports are considered to be the same when 1 set of NFHS Rules govern both genders. If a school sponsors only a boys' team in a particular sport, girls shall be permitted to participate on the boys' team but if a school sponsors only a girls' team in a particular sport, boys shall not be permitted to participate on the girls' team. Notwithstanding the restrictions herein, a transgender student, defined as a student whose gender identity differs from the student's assigned sex at birth, is eligible to participate on a team other than their assigned sex at birth in accordance with Title IX of the Education Amendments Act of 1972 20 U.S.C. §§1681- 1688 (2018) as determined by the Member School.
8.5.2 Coed teams at the high school level shall participate only in the boys' state championship tournament or meet.
8.5.3 Subsections 8.5.1 and 8.5.2 do not apply to Unified Sports teams, which are coed by design.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-9.0** Participation in State Championship Tournaments {#sec-1024-9.0 omnilex-key=us-de-regs-official--title-14--1024-9.0}
9.1 Member Schools must meet all the criteria in subsections 9.1.1 through 9.1.7 to be eligible to participate in the DIAA state championship tournament:
9.1.1 The Member School shall be in compliance with all regulations governing interscholastic athletics.
9.1.2 The Member School shall be a DIAA Member School in good standing, including paying all fees.
9.1.3 The Member School shall sponsor a team in the given sport.
9.1.4 The Member School shall be in compliance with and meet all requirements of the tournament manual for that sport.
9.1.5 The Member School shall sponsor 1 varsity sport per season. Notwithstanding the foregoing criterion, co-ed members schools shall sponsor at least 1 varsity sport per gender per season.
9.1.6 The Member School shall sponsor a minimum of 2 grades, 1 of which must be the eleventh grade.
9.1.7 The Member School shall have been a DIAA Member School for a minimum of 2 full school years.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
##### **14 Del. Admin. Code § 1024-10.0** Requirements for Administrative Heads of DIAA Member Schools {#sec-1024-10.0 omnilex-key=us-de-regs-official--title-14--1024-10.0}
10.1 The administrative head shall be responsible for the conduct of the school's interscholastic athletic program in which representative teams participate, including the organization and scheduling of individuals and teams. The administrative head may delegate the administrative head's responsibility under subsection 10.1 to a subordinate but such delegation will not negate the administrative head's responsibility for a violation of the regulations governing interscholastic athletics by the administrative head of school's school.
10.2 The administrative head shall exercise general control over all of the interscholastic athletic matters of the administrative head's school, including the requirements in subsections 10.2.1 through 10.2.12.
10.2.1 The administrative head shall sanction all interscholastic athletic contests in which the administrative head's school participates.
10.2.2 The administrative head shall exclude from participation in interscholastic athletics any student athlete because of improper conduct or ineligibility.
10.2.3 The administrative head shall exclude from participation in interscholastic athletics any student athlete whose physical health would be jeopardized by such participation because of illness or injury suffered until such time as the student athlete is declared physically fit by the school or attending physician.
10.2.4 The administrative head shall protect the well-being of all visitors and officials attending interscholastic athletic contests conducted by the administrative head's school. Administrative heads shall provide for adequate security at the school and, in the absence of such provisions, penalties may be imposed by the Board. When a contest is conducted at a neutral site, the administrative heads of the participating schools shall be held jointly responsible for the protection and well-being of all visitors and officials. In the absence of adequate security, penalties may be imposed upon either or both of the schools.
10.2.5 The administrative head shall protect the well-being of the school's participants by providing them with safe and suitable uniforms and equipment and conducting practices and contests in a manner which minimizes risk to the health and safety of student athletes.
10.2.6 The administrative head shall ensure that all required contracts for athletic contests in which the school participates are in writing and bear the proper signatures.
10.2.7 The administrative head shall designate a staff member of the school as the faculty manager for the teams representing the school or to serve as the faculty manager. If no such designation is made, the coach shall serve as the faculty manager.
10.2.8 The administrative head shall ensure that an authorized representative accompanies the school's teams to all contests.
10.2.9 The administrative head shall certify in writing the eligibility of the administrative head's school's contestants in accordance with the regulations of the Department.
10.2.10 The administrative head shall exercise such other powers regarding the interscholastic athletic program of the school as are consistent with the needs of the school and with the provisions and spirit of the regulations of the Department.
10.2.11 The administrative head shall urge all students competing on the school's teams to obtain medical accident insurance which covers athletic participation.
10.2.12 The administrative head shall notify DIAA of any official delegation of authority.
**History**
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *28 DE Reg. 293 (10/01/24)*
- *26 DE Reg. 199 (09/01/22)*
- *28 DE Reg. 293 (10/01/24)*
### **1028** Student Athlete Eligibility: Enrollment and Attendance
##### **14 Del. Admin. Code § 1028-1.0** Content {#sec-1028-1.0 omnilex-key=us-de-regs-official--title-14--1028-1.0}
In accordance with 14 Del.C. §303, this regulation sets forth the eligibility to participate in interscholastic athletics at the middle and high school levels for students who enroll in and attend Member Schools.
**History**
- *28 DE Reg. 120 (08/01/24)*
##### **14 Del. Admin. Code § 1028-2.0** Definitions {#sec-1028-2.0 omnilex-key=us-de-regs-official--title-14--1028-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Contest" means a formal competition in which students or school teams compete to determine a winner.
"Member School" means a full or associate member school of the DIAA.
"Practice" means working on skills for a particular sport within a single team at a Member School as guided by coaches and includes team workouts and inner-team scrimmages.
"School day" means actual school attendance days during the regular academic school year, including a partial day that students are in attendance at school for instructional purposes as adopted by the school district or governing body of the school. School day does not include weekends, holidays, and summer school.
"Scrimmage" means an informal competition between schools in which a final score is not kept, the time periods are permitted to be modified, the results of the competition are not reported to the media, the coaches are permitted to interrupt the play to provide instruction, and the competition is strictly for practice purposes.
"Tryout" means a demonstration of skills to make a team in order to be eligible to practice.
"Student with a disability" means a "child with a disability" as that term is defined in 14 DE Admin. Code 922 or a qualified person with a disability under Section 504 of the Rehabilitation Act of 1973.
**History**
- *28 DE Reg. 120 (08/01/24)*
##### **14 Del. Admin. Code § 1028-3.0** Eligibility: Enrollment {#sec-1028-3.0 omnilex-key=us-de-regs-official--title-14--1028-3.0}
3.1 Purpose of the Enrollment Rule. The purpose of the Enrollment Rule is to promote loyalty and school spirit which lends itself to cohesion of the student body, to help promote amateurism by drawing student athletes only from each school's student population, to avoid professionalism and over-emphasis on student athletes, and to discourage team-shopping.
3.2 Enrollment Rule. A student shall be legally enrolled in the Member School which they represent in order to participate in a tryout, practice, scrimmage, or contest. A student who attends 2 different schools during the regular school day shall be eligible to participate only at the school at which the student is receiving instruction in the core academic areas and is satisfying the majority of graduation requirements, not at a school at which the student receives specialized educational instruction such as vocational training. A student shall not participate in a tryout, practice, scrimmage, or contest during the time an in-school or out-of-school suspension is in effect or during the time the student is assigned to an alternative school for disciplinary reasons.
3.2.1 A waiver of the Enrollment Rule does not mean that a student athlete can automatically participate in an interscholastic tryout, practice, scrimmage, or contest with a Member School in which the student is not legally enrolled. If a waiver of the Enrollment Rule is granted, the school that the student athlete wishes to represent determines whether to allow the student athlete to participate in an interscholastic tryout, practice, scrimmage, or contest as a representative of the school. DIAA does not have the authority to authorize a student athlete to participate in interscholastic athletics as a representative of a school in which the student athlete is not legally enrolled.
3.2.2 A request for a waiver of the Enrollment Rule shall be approved by the Superintendent or the Head of School of the school that the student athlete wishes to represent before the request is submitted to DIAA. Any such waiver request that is not approved by the Superintendent or Head of School will be deemed incomplete by DIAA and will not be processed by DIAA.
3.3 A student with a disability who is placed in a school or program by the student's school district or charter school shall be eligible to participate in interscholastic athletics as set forth in subsections 3.3.1 through 3.3.4. Subsection 3.3 does not apply to students who are placed in alternative schools or programs for disciplinary reasons through the Comprehensive School Discipline Improvement Program (14 Del.C. §§ 1601 - 1607). For the purpose of subsection 3.3, campus means a contiguous land area containing 1 or more school buildings.
3.3.1 If the school or program in which the student is placed sponsors the interscholastic sport in question, the student shall be eligible to participate only at the school or program in which the student is placed.
3.3.2 If the school or program in which the student is placed does not sponsor the interscholastic sport in question and the student is served in a regular school for all or part of the school day, the student shall be eligible to participate only at that regular school.
3.3.3 If the school or program in which the student is placed does not sponsor the interscholastic sport in question, the student is served exclusively in the school or program, and the school or program is located on the campus of a regular school, the student shall be eligible to participate only at the regular school on the same campus.
3.3.4 If the school or program in which the student is placed does not sponsor the interscholastic sport in question, the student is served exclusively in the school or program, and the school or program is not located on the campus of a regular school, the student shall be eligible to participate only at the regular school designated to serve the school's or program's students. A school district or charter school that administers schools or programs in which a student with a disability may be placed and that has multiple regular schools determines the regular school at which the student may participate in interscholastic athletics.
3.4 Enrollment Requirements for the School District Enrollment Choice Program
3.4.1 Pursuant to 14 Del.C. §407(a)(2), a student who is enrolled in a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program shall remain enrolled in the school for a minimum of 2 years. A waiver request is not required and the student is not ineligible under this subsection if 1 of the exceptions as provided in 14 Del.C. §407(a)(2) applies or the student's enrollment in the school is terminated as provided in 14 Del.C. §407. Even if a waiver request is not required and the student is not ineligible under this subsection, a waiver request may be required and the student may be ineligible under the Transfer Rule.
3.4.2 Pursuant to 14 Del.C. §506(d), a student who is in their first year of attendance at a charter school shall remain enrolled in the charter school for a minimum of 1 year. A waiver request is not required and the student is not ineligible under this subsection if good cause exists as provided in 14 Del.C. §506(d).
3.5 Consistent with 14 Del.C. §§ 160A-177A (Interstate Compact on Education for Children of Military Families), if a Member School has an insufficient number of enrolled students to form a team in a particular sport and the school district decides to allow a student who has enrolled in the school initially under a permanent change of station (PCS) order to participate in a tryout, practice, scrimmage, or contest on a team at another school within the school district, the student is eligible to participate in a tryout for the team, a practice with the team, and scrimmages and contests against other school teams and is not required to submit a waiver request. For the purpose of this regulation, permanent change of station (PCS) means the assignment or transfer of a military service member to a different permanent duty station, to include relocation to place of retirement, when retirement is mandatory, under a competent authorization/order that does not specify the duty as temporary, provide for further assignment to a new permanent duty station, or direct the military service member to return to the old permanent duty station.
3.6 If the student is not legally enrolled in a Delaware public school due to homelessness as defined in the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. §11434a(2), a waiver of the Enrollment Rule is not required and the student shall be eligible to participate in a tryout, practice, scrimmage, or contest at the Delaware public school in which the student seeks to enroll.
**History**
- *28 DE Reg. 120 (08/01/24)*
##### **14 Del. Admin. Code § 1028-4.0** Eligibility: Attendance {#sec-1028-4.0 omnilex-key=us-de-regs-official--title-14--1028-4.0}
4.1 Purpose of the Attendance Rule. The purpose of the Attendance Rule is to help ensure that student athletes adhere to their school's attendance policy so that they maintain the academic standard required for interscholastic athletic participation and to promote graduation in a timely manner.
4.2 Attendance Rule
4.2.1 A student shall be legally in attendance at school in order to participate in a tryout, practice, scrimmage, or contest except when excused by proper school authorities in accordance with pre-established written school policy. For the purpose of the Attendance Rule, legally in attendance means present at school as determined by a pre-established policy adopted by the local school board or governing body of the student's school.
4.2.2 A student who is not legally in attendance at school due to illness or injury shall not be permitted to participate in a tryout, practice, scrimmage, or contest on that day.
4.2.3 A student who fails to complete a semester or is absent for 1 or more semesters for reasons other than personal illness or injury shall be ineligible for 90 school days from the student's reentry to school.
4.3 An ineligible student who participates in a tryout, practice, scrimmage, or contest in violation of subsection 4.2 shall, when the student regains eligibility, be prohibited from trying out, practicing, scrimmaging or competing for an equivalent number of days.
**History**
- *28 DE Reg. 120 (08/01/24)*
### **1029** Student Athlete Eligibility: Transfers
##### **14 Del. Admin. Code § 1029-1.0** Content {#sec-1029-1.0 omnilex-key=us-de-regs-official--title-14--1029-1.0}
In accordance with14 Del.C. §303, this regulation sets forth the eligibility to participate in interscholastic athletics at the middle and high school levels for students who transfer schools.
**History**
- *28 DE Reg. 124 (08/01/24)*
##### **14 Del. Admin. Code § 1029-2.0** Definitions {#sec-1029-2.0 omnilex-key=us-de-regs-official--title-14--1029-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Athletic advantage" means any transfer where the primary reason for the student's transfer was for any of the following reasons: to seek a superior team; to seek a team more compatible with the student's abilities; dissatisfaction with the student's position or playing time; to follow a coach to another school to which the coach has transferred; dissatisfaction with the philosophy, policies, methods, or actions of a coach or administrator pertaining to interscholastic athletics; to avoid disciplinary action imposed by another state athletic association; or to avoid disciplinary action imposed by the sending school related to or affecting interscholastic athletic participation.
"HIB transfer" Delaware school bullying prevention law, a state law that public schools are required to follow and non-public schools are encouraged to follow, harassment, intimidation and bullying (HIB) are matters that are investigated and addressed by the school. The DIAA does not hold hearings to determine whether a student was bullied or has suffered from mental health issues. A "HIB transfer" will exist when a school, after investigating a HIB complaint, determines that the proper action to remediate the complaint is an alternative placement or a school transfer.
"Participate" or "participated" means having played or joined in an interscholastic tryout, practice, scrimmage, or contest.
"Receiving school" means the school a student transfers to after leaving their previous school.
"Sending school" means the school a student transfers from to go to a different school.
"Transfer" means the student has officially withdrawn from the sending school and has officially enrolled in the receiving school in accordance with the receiving school's established registration process.
**History**
- *28 DE Reg. 124 (08/01/24)*
##### **14 Del. Admin. Code § 1029-3.0** Purpose {#sec-1029-3.0 omnilex-key=us-de-regs-official--title-14--1029-3.0}
The purpose of the transfer rule is to deter students from transferring schools for athletic advantage, to help discourage recruitment, and to reduce the opportunity for undue influence to be exerted by persons who seek to benefit from a student's athletic talent. Transfers strictly for athletic reasons undermine the stability of sports programs, elevate athletics over academics, lead to disparities in competitiveness, and erode the level playing field that the DIAA seeks to foster. This rule is designed to discourage transfers for athletic reasons, multiple transfers, and transfers after a sports season has begun, by imposing defined periods of ineligibility for those who transfer after the 1 allowable period.
**History**
- *28 DE Reg. 124 (08/01/24)*
##### **14 Del. Admin. Code § 1029-4.0** Transfer Rule {#sec-1029-4.0 omnilex-key=us-de-regs-official--title-14--1029-4.0}
4.1 A student who transfers schools shall be eligible immediately upon registration at the receiving school provided the student meets all other DIAA eligibility requirements and:
4.1.1 Has not participated in interscholastic athletics during the previous 180 school days;
4.1.2 Is released by the sending school;
4.1.3 Has completed the registration process at the receiving school; and
4.1.4 Is pursuing an approved course of study at the receiving school.
4.2 A student who has participated in interscholastic athletics at any high school level may transfer 1 time to a DIAA Member School without loss of eligibility if the following are met:
4.2.1 The student's transfer takes place prior to the start of the earliest allowable start date of the fall sport's season of the student's third year of eligibility at the high school level; and
4.2.2 The student does not participate in a contest in the same sport for different schools during the same school year.
4.3 If the student transfers more than 1 time or the transfer takes place after the earliest allowable start date of the fall sport season of the student's third year of eligibility at the high school level, the student will be subject to the periods of ineligibility listed below for all sports they participated in during the previous 180 school days at any level, not just varsity. The period of ineligibility will begin on the receiving school's first day of competition, for each team's published schedule.
4.3.1 Students who transfer after the earliest allowable start date of the fall sport's season of the student's third year of eligibility at the high school level will be subject to a 30-day period of ineligibility or half the maximum number of regular season contests in that sport, whichever is less, for all sports they participated in during the previous 180 school days.
4.3.2 Students who transfer a second or subsequent time will be subject to an additional 30-day period of ineligibility or half the maximum number of regular season contests, whichever is less, for all DIAA sanctioned sports in which the student participated during the previous 180 school days, and the loss of post-season eligibility.
4.3.3 When calculating the period of ineligibility using the maximum number of contests, if there are an odd number of contests, DIAA will round down to the nearest whole number.
4.4 Transferring students may participate in a new sport without an ineligibility period.
**History**
- *28 DE Reg. 124 (08/01/24)*
##### **14 Del. Admin. Code § 1029-5.0** Exceptions {#sec-1029-5.0 omnilex-key=us-de-regs-official--title-14--1029-5.0}
5.1 Immediate eligibility, without serving the defined period of ineligibility will be granted for transfers resulting from the following:
5.1.1 McKinney-Vento Act (Homeless Students). The transfer is the result of the student becoming homeless as defined in the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. §11434a(2).
5.1.2 Transfer Due to Court Action. The transfer is caused by an order from a court of law affecting legally committed students. In the case of a transfer of guardianship or custody, the transfer shall be the result of a court order signed by a judge, commissioner, or master of a court of competent jurisdiction. A petition for the transfer of guardianship or custody, an affidavit, or a notarized statement signed by the affected parties shall not be sufficient to render the student eligible to participate in interscholastic athletics.
5.1.3 Relative Caregivers School Authorization. The transfer is based upon the submission of a Caregivers School Authorization in accordance with 14 Del.C. §202(f).
5.1.4 Unsafe School Choice Policy. The student attends a persistently dangerous school or is the victim of a violent felony while in or on the grounds of a school in which the student is enrolled and the student opts to transfer to a safe school in the same school district in accordance with 14 DE Admin. Code 608 Unsafe School Choice Option Policy.
5.1.5 HIB Transfer.
5.1.6 Transfer Because Sending School Closed or Dropped Sport/Athletic Program. A sending school drops its athletic program when it discontinues all of its interscholastic athletics sports programs. For this exception to apply, adequate documentation must be submitted to the receiving school and sent to the DIAA Executive Director for approval.
5.1.7 Military Assignment. A student transferring in a situation where change in education and living arrangements is directly related to an order from any branch of the United States military service, including the reserve components.
5.1.8 Bona Fide Change of Residence. A change of residence occurs when an out-of-state student changes residence and attends high school for the first time in Delaware or a Delaware student moves and is required to transfer to a new school as verified by the receiving school. A student shall not participate in interscholastic athletics following a change in primary residence unless it is made for a bona fide purpose. A bona fide purpose means that the change in primary residence is not for athletic purposes and meets all of the following criteria:
5.1.8.1 The receiving school verifies and accepts the student.
5.1.8.2 The family move is a permanent change in the family's legal residence. The legal residence is that place in which the family's habitation is fixed and in which the student's custodial parent or legal guardian has the present intention to reside permanently.
5.1.8.3 The original residence must be abandoned by the student's family as a residence; that is sold, rented or disposed of as a residence, and must not be used as residence by any member of the family. Maintaining dual residency for the purpose of athletic eligibility will render the student ineligible.
5.1.8.4 The family move is to a new school district or school zone. A move within the current district where a student does not have to change schools will not be considered a bona fide change of residence.
5.1.8.5 Proof of a bona fide residence change includes utility bills, closing documents, voter registration, or other legal documentation. A driver's license alone will not serve as proof of bona fide residence change.
**History**
- *28 DE Reg. 124 (08/01/24)*
##### **14 Del. Admin. Code § 1029-6.0** Documentation Tracking of Transfers {#sec-1029-6.0 omnilex-key=us-de-regs-official--title-14--1029-6.0}
6.1 In order to become eligible to participate in interscholastic athletics at the receiving school, a student's DIAA Transfer Tracking Form shall be submitted as follows:
6.1.1 The student's receiving school shall initiate the process by completing and sending the DIAA Transfer Tracking Form to the student's sending school; and
6.1.2 The student's sending school shall complete the DIAA Transfer Tracking Form and send the completed form to the student's receiving school and the DIAA Executive Director for review.
**History**
- *28 DE Reg. 124 (08/01/24)*
##### **14 Del. Admin. Code § 1029-7.0** Transfers under the School District Enrollment Choice Program (14 Del.C. Ch. 4) {#sec-1029-7.0 omnilex-key=us-de-regs-official--title-14--1029-7.0}
7.1 Pursuant to 14 Del.C. §410(a), if a student was enrolled in a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program during the preceding school year and the student transfers to and enrolls in grades 10, 11, or 12 at a different traditional public, vocational, or charter school outside of the student's feeder pattern through the program, the student shall be ineligible to participate in interscholastic athletic contests or competitions during the student's first year of enrollment at the receiving school.
7.2 For the purpose of Section 7.0, a student's feeder pattern consists of the public schools in which the student would normally be enrolled based on the student's place of residence.
7.3 If a student is ineligible under Section 7.0, the student may submit a waiver request.
7.4 The waiver, if granted, would still be subject to the periods of ineligibility listed in subsection 4.3.
**History**
- *28 DE Reg. 124 (08/01/24)*
### **1030** Student Athlete Eligibility: Amateur Status
##### **14 Del. Admin. Code § 1030-1.0** Content {#sec-1030-1.0 omnilex-key=us-de-regs-official--title-14--1030-1.0}
In accordance with 14 Del.C. §303, this regulation sets forth the requirement that students maintain amateur status in order to be eligible to participate in interscholastic athletics at the middle and high school levels.
**History**
- *28 DE Reg. 294 (10/01/24)*
##### **14 Del. Admin. Code § 1030-2.0** Definitions {#sec-1030-2.0 omnilex-key=us-de-regs-official--title-14--1030-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Member School" means a full or associate member school of the DIAA.
"Name, image, and likeness" means a student athlete's name, image, or likeness which readily identifies the student athlete and includes symbols, words, or designs.
**History**
- *28 DE Reg. 294 (10/01/24)*
##### **14 Del. Admin. Code § 1030-3.0** Eligibility: Amateur Status {#sec-1030-3.0 omnilex-key=us-de-regs-official--title-14--1030-3.0}
3.1 Purpose of the Amateur Status Rule. The purpose of the amateur status rule is to promote amateurism, stimulate participation for the sake of the game itself, help prevent exploitation of students, and encourage students to engage in athletic competition for physical, mental, and social benefits.
3.2 Amateur Status Rule. A student shall not participate in an interscholastic sport unless the student is considered an amateur in that sport. A student forfeits amateur status if the student does any of the following in subsections 3.2.1 through 3.2.7.
3.2.1 The student plays on or against a professional team, which is defined as a team having 1 or more members who have received or are receiving directly or indirectly monetary consideration for their athletic services.
3.2.2 The student signs a professional contract, accepts reimbursement for expenses to attend a professional tryout, or receives financial assistance in any form from a professional sports organization.
3.2.3 The student enters a competition under an assumed name. The surname and given name used by any student in the student's first game of interscholastic competition shall be used during the remainder of the student's interscholastic career. Any change in spelling or use of another name shall be regarded as an attempt to evade the amateur status rule unless the change has been properly certified by the student to the administrative head. For the purpose of this regulation, administrative head means the chief or head individual in charge of a DIAA Member School, traditionally referred to or generally known as the principal or headmaster.
3.2.4 The student receives remuneration of any kind or accepts reimbursement for expenses in excess of the actual and necessary costs of transportation, meals, and lodging for participating in a team or individual competition or an instructional camp or clinic. Reimbursement for the aforementioned expenses is permitted only if all of the participants receive the same benefit.
3.2.5 The student receives cash or a cash equivalent (such as a savings bond or certificate of deposit), merchandise (except as permitted by subsection 4.1.4 of 14 DE Admin. Code 1009) or a merchandise discount, (except for a discount arranged by the student's school for part of a team uniform), a reduction or waiver of fees, a gift certificate, or other valuable consideration as a result of the student's participation in an organized competition or instructional camp or clinic. Accepting an event program or a complimentary item (such as t-shirt, hat, or equipment bag) that is inscribed with a reference to the event, has an aggregate retail value of no more than $150, and is provided to all of the participants, shall not jeopardize the student's amateur status.
3.2.6 The student sells or pawns awards received.
3.2.7 The student uses the student's athletic status to promote or endorse a commercial product or service on the internet; in a newsprint, radio, television advertisement or any other form of media; or by personal appearance.
3.3 A student who forfeits the student's amateur status is ineligible to participate at the interscholastic level in the sport in which the violation occurred. The student may be reinstated after a period of up to the number of days in the school year provided that during the suspension, the student complies with all of the requirements of this regulation. The suspension shall date from the time of the last offense.
3.4 Notwithstanding subsections 3.2 and 3.3, a student may earn compensation from the use of the student's name, image, and likeness provided that the compensation is not contingent on specific athletic performance or achievement, is not provided as an incentive to enroll or remain enrolled at a specific school and is not provided by the school or any person acting as an agent for the school. If a student earns compensation from the use of the student's name, image, and likeness, the student shall follow the requirements in subsections 3.4.1 through 3.4.5.
3.4.1 The student shall not use marks, including the Member School logos, school name, school mascot, or any trademarked DIAA logos or acronyms.
3.4.2 The student shall not wear Member School apparel or equipment which includes school name, school logo, school mascot, or any apparel displaying trademarked DIAA logos or acronyms.
3.4.3 The student shall not use a Member School facility for the purpose of name, image, and likeness compensation.
3.4.4 The student shall not endorse tobacco, alcohol, or gambling products.
3.4.5 If the student signs an agency contract under 24 Del.C. §5409, the student shall inform the athletic director for the student's Member School of the existence of the contract not later than 72 hours after entering into the contract or before the next scheduled athletic event in which the student may participate, whichever occurs first.
3.5 Accepting compensation for teaching lessons, coaching, or officiating shall not jeopardize the student's amateur status.
**History**
- *28 DE Reg. 294 (10/01/24)*
### **1035** In-Season Athletic Activities and Contact
##### **14 Del. Admin. Code § 1035-1.0** Content {#sec-1035-1.0 omnilex-key=us-de-regs-official--title-14--1035-1.0}
In accordance with 14 Del.C. §303(b), this regulation sets forth the requirements for athletic activities and contact in-season.
**History**
- *28 DE Reg. 126 (08/01/24)*
- *26 DE Reg. 202 (09/01/22)*
- *28 DE Reg. 126 (08/01/24)*
##### **14 Del. Admin. Code § 1035-2.0** Definitions {#sec-1035-2.0 omnilex-key=us-de-regs-official--title-14--1035-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Board" means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Ch. 3.
"Competition" means a contest between schools in which student athletes compete.
"Event" means an invitational, meet, or tournament.
"In-season" means the period of time from the beginning of the season until the last scheduled date for DIAA championships for the sport's season.
"Member School" means a full or associate member school of the DIAA.
"Practice" means working on skills for a particular sport within a single team at a Member School as guided by coaches and includes team workouts and inner-team scrimmages.
"School day" or "School days" means actual school attendance days during the regular academic school year including a partial day that students are in attendance at school for instructional purposes as adopted by the district or governing body of the school not to include weekends, holidays, summer school, etc.
"Scrimmage" means an informal competition between schools in which a final score is not kept, the time periods are permitted to be modified, the results of the competition are not reported to the media, the coaches are permitted to interrupt the play to provide instruction, and the competition is strictly for practice purposes.
"Unified Partner" means a student who is not identified as a Unified Athlete, is enrolled at a DIAA Member School, and does not appear on any school eligibility report submitted to DIAA for a non-Unified school team in the same sport.
**History**
- *28 DE Reg. 126 (08/01/24)*
- *26 DE Reg. 202 (09/01/22)*
- *28 DE Reg. 126 (08/01/24)*
##### **14 Del. Admin. Code § 1035-3.0** Sports Seasons {#sec-1035-3.0 omnilex-key=us-de-regs-official--title-14--1035-3.0}
3.1 Fall Sports Season
3.1.1 For the high school level, the fall sports season shall begin on the Monday 3 weeks before Labor Day and end with the start of the state championship tournament in that sport. Any regular season contest that was postponed must be rescheduled and played before the beginning of the state tournament in that sport. A conference championship game must also be completed before the start of the state tournament in that sport. Practice for any fall sport shall not begin earlier than the Monday 3 weeks before Labor Day. The first allowable competition date in the fall sports season shall be the first Wednesday after Labor Day.
3.1.2 For the middle school level, the fall sports season shall begin on the Monday 1 week before Labor Day and end not later than December 1. Practice for any fall sport shall not begin earlier than the Monday 1 week before Labor Day. The first allowable competition date for the fall sports season shall be on the first Monday 2 weeks after Labor Day.
3.1.3 For football practices at the middle and high school levels, the first 3 days of practice shall be primarily for the purpose of physical conditioning and shall be restricted to noncontact activities. Coaches may introduce offensive formations and defensive alignments, run plays "on air," practice noncontact phases of the kicking game, and teach noncontact positional skills. Protective equipment shall be restricted to helmets, mouth guards, and shoes on the first day of practice. Shoulder pads may be added on the second and third day of practice. The use of dummies, hand shields, and sleds in contact drills is prohibited until the fourth day of practice. Blocking, tackling, and block protection drills which involve any contact between players are also prohibited until the fourth day of practice.
3.1.4 No Member School shall participate in spring football games nor shall a Member School conduct football practice of any type outside of the regular fall sports season except when participating in the state tournament. "Organized football" or "organized football practice" shall be defined as any type of sport which is organized to promote efficiency in any of the various aspects of football. Touch football, featuring blocking, tackling, ball handling, signaling, etc. shall be considered "organized football" and shall be illegal under the intent of this rule.
3.2 Winter Sports Season
3.2.1 For the high school level, the winter sports season shall begin with the first approved day for practice and end with the start of the state championship tournament in that sport. Any regular season contest that was postponed must be rescheduled and played before the beginning of the state tournament in that sport. Conference championships must also be completed before the start of the state tournament in that sport. Practice for any winter sport shall begin on the Monday of the 19th week of the NFHS standardized calendar. Competition for the winter sports season shall begin on the Wednesday of the 22nd week of the NFHS standardized calendar.
3.2.2 For the middle school level, the winter sports season shall begin on the Monday of the 19th week of the NFHS standardized calendar and end not later than March 1. Practice for any winter sport shall not begin earlier than on the Monday of the 19th week of the NFHS standardized calendar. The first allowable competition date in the winter sports season shall be on the Wednesday on the 22nd week of the NFHS standardized calendar.
3.3 Spring Sports Season
3.3.1 For the high school level, the spring sports season shall begin on the Monday of the 35th week of the NFHS standardized calendar and ends with the start of the state championship in that sport. Any regular season contest that was postponed must be rescheduled and played before the beginning of the state tournament in that sport. Conference championships must also be completed before the start of the state tournament in that sport. Practice for any spring sport shall not begin earlier than the Monday of the 35th week of the NFHS standardized calendar. Competition for the spring sports season shall begin on the Monday of the 38th week of the NFHS standardized calendar.
3.3.2 For the middle school level, the spring sports season shall begin on the Monday of the 35th week on the NFHS standardized calendar and end not later than the last School Day. Practice for any spring sport shall not begin earlier than the Monday of the 35th week on the NFHS standardized calendar. The first allowable competition date in the spring sports season shall be on the Monday on the 38th week of the NFHS standardized calendar.
3.4 A Member School that participates in a game prior to the first allowable date or after the start of the state championship shall be required to forfeit the contest and be assessed a $500 fine per each illegal contest. The school shall be referred to the DIAA Sportsmanship Committee for consideration of further action.
3.5 A Member School that conducts practice prior to the first allowable date shall pay a fine of $500 per each illegal practice. The school shall be referred to the DIAA Sportsmanship Committee for consideration of further action.
3.6 No Member School shall participate in a post-season contest without the written approval of the Executive Director.
**History**
- *28 DE Reg. 126 (08/01/24)*
- *26 DE Reg. 202 (09/01/22)*
- *28 DE Reg. 126 (08/01/24)*
##### **14 Del. Admin. Code § 1035-4.0** Practice Sessions {#sec-1035-4.0 omnilex-key=us-de-regs-official--title-14--1035-4.0}
4.1 Member Schools shall comply with the following for all practice sessions:
4.1.1 All practice sessions shall be conducted under the supervision of the school's certified, emergency or approved volunteer coaching staff.
4.1.2 Member Schools may conduct practice sessions during the approved sports seasons as defined in Section 3.0.
4.1.3 Member Schools shall conduct practice sessions regularly during the 21 calendar days prior to the first scheduled contest.
4.1.4 There must be 1 day of no activity (practice, scrimmage, or contest) during any 7-day period.
4.1.5 A student that has not previously participated in that sports season shall be required to participate with the team for a period of at least 7 calendar days prior to participating in a contest. Eligibility for participation in a contest shall begin on the eighth calendar day of participation with the team. However, if a student has been participating in a state tournament during the preceding sports season and is unable to begin practicing at least 7 calendar days before the team's first contest, student shall be exempt from this requirement.
4.1.6 Students shall have unrestricted access to drinking water and be permitted a minimum of 1 5-minute rest period during each hour of practice.
4.1.7 Member Schools shall comply with the heat related practice modifications designated by the Board.
4.1.8 Holding practice on holidays and weekends shall be left to the discretion of the Member Schools. However, the restrictions on nonschool day practice sessions apply and there must be 1 day of no activity (practice, scrimmage, or contest) during any 7-day period.
4.2 Member Schools shall comply with the following for all practice sessions held on nonschool days. A nonschool day is defined as a day when, in accordance with the approved school calendar, students are not scheduled for academic instructional activities.
4.2.1 Each practice session shall be no more than 3 hours in length.
4.2.2 Practice session on a nonschool day is defined as the time a participant engages in physical or instructional activity.
4.2.3 The hourly practice limitation does not include time for non-instructional activities such as dressing, showering, transportation, or training room care.
4.2.4 Students shall not participate in more than 2 practice sessions totaling no more than 5 hours of practice on nonschool practice days including a 1-hour walk-through session. A walk-through session shall be defined as a teaching opportunity with no protective equipment (e.g., shin guards, helmets, etc.) or equipment related to a given sport (e.g., soccer balls, field hockey sticks, etc.).
4.2.5 On days when 2 practice sessions are conducted, no practice session shall exceed 3 hours in length and must be separated with at least 1 hour of recovery time between the end of the first practice and the beginning of the next practice.
4.2.6 Split sessions, defined as a practice session held for different groups of students playing the same sport, may be conducted but practice time shall not exceed 3 hours per session and 5 hours total daily for any individual athlete.
4.3 Member Schools shall comply with the following for all practice sessions held on official student school days.
4.3.1 Practice sessions shall be limited to 2 hours.
4.3.2 The 2-hour limit on practice sessions on official school days includes all instructional activity on the field, court, mat, or track or in the pool, weight room, or classroom such as team meetings, film reviews, blackboard sessions, warm-up and cool-down exercises, drills or mandatory strength training.
4.3.3 The 2-hour practice session limitation does not include time for non-instructional activities such as dressing, showering, transportation, or training room care.
4.3.4 Split sessions may be conducted but practice time shall not exceed 2 hours for any individual athlete.
4.4 A Member School that fails to comply with these practice requirements shall pay a $500 fine for each day of non-compliance.
**History**
- *28 DE Reg. 126 (08/01/24)*
- *26 DE Reg. 202 (09/01/22)*
- *28 DE Reg. 126 (08/01/24)*
##### **14 Del. Admin. Code § 1035-5.0** Maximum Game Schedules and Designated Sports Seasons {#sec-1035-5.0 omnilex-key=us-de-regs-official--title-14--1035-5.0}
5.1 The maximum number of regularly scheduled interscholastic contests or competition dates for each team and individual in the recognized sports and their sports season shall be designated by the Board.
5.2 Additional Requirements for the High School Level
5.2.1 The third contest or competition date in a week shall be held on Friday (no early dismissal permitted), Saturday or Sunday. This requirement does not apply when a Member School is closed for the entire week such as during winter or spring vacation.
5.2.1.1 A team shall not participate in 2 or more different events at the same level of competition on the same day. However, a team shall be permitted a 1 time per season exception to participate in 2 different events on the same day. If a team elects to use the exception it shall count as 2 contests or 2 competition dates as applicable toward the season team limitation.
5.2.1.2 With the exception of cross country, indoor track, outdoor track and golf, participation in a triangular meet shall count as 2 contests and participation in a quadrangular meet shall count as 3 contests toward the seasonal limitation.
5.2.1.3 Participation in any part of a quarter or half shall count as a quarter or half toward the weekly and daily limitations in that sport. However, in the case of football, participation on a free kick or a play from a scrimmage kick formation shall not count as a quarter. Overtime periods shall be considered as part of the fourth quarter or second half.
5.2.2 A week shall be designated as starting on Monday and ending on Sunday for all sports except football. A football week shall begin the day of the varsity game and end the day preceding the next varsity game or the following Friday. The preceding game limitations, with the exception of the individual daily limitation, shall not prohibit the rescheduling of postponed games at the discretion and convenience of the Member Schools involved provided the game was postponed due to inclement weather, unplayable field conditions, failure of the assigned officials to appear for the game, breakdown of the bus or van carrying the visiting team, or any other circumstances beyond the control of site management which preclude playing the game. However, a team may not participate in more than 4 contests or competition dates in a week.
5.2.3 The maximum number of regularly scheduled contests for each of the recognized sports, except football, shall be exclusive of conference championships, playoffs to determine tournament state berths, and the state tournament or meet. Member Schools are limited to 1 conference championship event. In wrestling, the state meet qualifying tournaments shall count as the only permissible event in addition to the regular season and state meets. The maximum number of regularly scheduled football contests shall be exclusive of the state tournament. Any playoffs to determine state tournament berths shall be under the control and supervision of the DIAA tournament committee.
5.2.4 A Unified Partner shall not participate on a non-Unified school team at any level in the same sport during the same school year.
5.2.5 A Member School which participates in more than the allowable number of contests in a season shall be suspended from the state playoffs or, if a nonqualifying team, fined $500 for each contest.
5.2.5.1 A school which exceeds the weekly contest limitation shall be required to forfeit the contest and pay a $250 fine.
5.2.5.2 A student who exceeds the weekly or daily contest limitation shall be considered an ineligible athlete.
5.3 Additional Requirements for the Middle School Level
5.3.1 Game limitations, with the exception of the individual daily limitation, shall not prohibit the rescheduling of postponed games at the discretion and convenience of the Member Schools involved provided the game was postponed due to inclement weather, unplayable field conditions, failure of the assigned officials to appear for the game, breakdown of the bus or van carrying the visiting team, or any other circumstances beyond the control of site management which preclude playing the game. However, a team may not participate in more than 3 contests and competition dates in a week.
5.3.2 A student shall participate in a particular sport for only 1 season during each academic year.
5.3.3 A Member School that participates in more than the allowable number of contests in a season shall be fined $500 for each contest.
5.3.4 A Member School that exceeds the weekly contest limitation shall forfeit the contest and pay a $250 fine. A week shall be designated as starting on Monday and ending on Sunday for all sports except football. A football week shall begin the day of the middle school varsity game and end the day preceding the next middle school varsity game or the following Friday.
5.3.5 A student who exceeds the weekly or daily contest limitation shall be considered an ineligible athlete.
5.4 Student athletes may participate on a nonschool team or in a nonschool event in-season provided the requirements in 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact are met.
**History**
- *28 DE Reg. 126 (08/01/24)*
- *26 DE Reg. 202 (09/01/22)*
- *28 DE Reg. 126 (08/01/24)*
##### **14 Del. Admin. Code § 1035-6.0** Sanctioning of Competitions {#sec-1035-6.0 omnilex-key=us-de-regs-official--title-14--1035-6.0}
6.1 Purpose of Sanctioning. The purpose of sanctioning an event is to enhance the likelihood the event will adhere to the criteria in subsection 6.3, serve to promote sound regulation of the conditions under which students and teams compete, encourage well-managed rules and regulations, add an element of due diligence that encourages Member Schools' compliance with rules and regulations, protect the welfare of student athletes, protect the existing programs sponsored by Member Schools and thereby promote the opportunity for a larger number of student athletes to gain the benefits of interscholastic competition, help to reduce the abuses of excessive competition, promote uniformity in obtaining approval for events, and help protect students from exploitation.
6.2 Member Schools may participate in events involving 4 or more schools only if the event has been sanctioned by DIAA and, if applicable, by the NFHS.
6.3 Events shall be sanctioned by DIAA in accordance with the criteria in subsections 6.3.1 through 6.3.8.
6.3.1 The event shall not be for determining a state, regional or national champion.
6.3.2 The event shall be organized, promoted, and conducted by and all profits go to a nonprofit organization. Involvement by a commercial organization shall be limited to providing financial support.
6.3.3 Nonsymbolic competition awards shall have a value of not more than $150 per recipient and shall require the prior approval of the Executive Director.
6.3.4 Nonschool event organizers shall submit a full financial report to the DIAA office within 90 calendar days of the completion of the event.
6.3.5 The event organizer shall submit a list of out of state schools which have been invited to participate in the event to the DIAA office and such schools shall be subject to approval by the Executive Director.
6.3.6 Out of state schools which are not members of their state athletic association shall verify in writing that their participating athletes are in compliance with their state athletic association's eligibility rules and regulations.
6.3.7 The event organizer shall not accept financial support or sell advertising to companies involved in the production or distribution of alcohol and tobacco products.
6.3.8 The event organizer shall comply with all applicable NFHS sanctioning requirements, including that the event shall be sponsored or co-sponsored by a member school of the host state athletic association.
6.4 In order to compete in events out-of-state or in a state that does not border Delaware, a Member School shall ensure that the sponsoring institution or agency applied to its home association for sanctioning and DIAA Member Schools are listed as participants.
6.5 Process for Sanctioning
6.5.1 Event Involving DIAA Member Schools Only (Sponsored by DIAA Member School)
6.5.1.1 For an event that involves only DIAA Member Schools (4 or more) and is sponsored by a DIAA Member School, the sponsoring DIAA Member School shall complete the "Application for Sanction of DIAA Member Schools Only Athletic Event" form.
6.5.1.2 The completed form shall be submitted to the Executive Director at least 30 days prior to the date of the proposed event.
6.5.1.3 The Executive Director or designee will determine whether to grant the application.
6.5.2 Event Involving DIAA Member Schools Only (Not Sponsored by DIAA Member School
6.5.2.1 For an event that involves only DIAA Member Schools (4 or more) and is not sponsored by a DIAA Member School, the organization sponsoring the event shall complete the "Application for Sanction of DIAA Member Schools Only Athletic Event" form.
6.5.2.2 The completed form shall be submitted to the Executive Director at least 30 days prior to the date of the proposed event.
6.5.2.3 The Executive Director or designee will determine whether to grant the application.
6.5.3 Event Involving 1 or more Schools from Bordering States (Sponsored by DIAA Member School)
6.5.3.1 For an event that involves schools located in Maryland, Pennsylvania, or New Jersey and is sponsored by a DIAA Member School, the sponsoring DIAA Member School shall complete the "Application to State Association for Sanction of Interstate Athletic Event" form.
6.5.3.2 The completed form shall be submitted to the Executive Director at least 30 days prior to the date of the proposed event.
6.5.3.3 The Executive Director or designee will determine whether to grant the application.
6.5.4 Out-of-State Event Involving 1 or more DIAA Member Schools
6.5.4.1 For an out-of-state event involving 1 or more DIAA Member Schools, the state association designee from a border state or NFHS Sanctioning Office shall send the appropriate sanctioning form.
6.5.4.2 The completed form shall be submitted to the Executive Director at least 30 days prior to the date of the proposed event.
6.5.4.3 The Executive Director or designee will determine whether to grant the application.
6.6 Participation in a nonsanctioned event shall result in payment of a $100 fine. A second offense shall result in a $250 fine and loss of eligibility to participate in sanctioned events for the remainder of the sport season. A third offense shall result in a $500 fine and loss of eligibility to participate in sanctioned events for the remainder of the school year.
**History**
- *28 DE Reg. 126 (08/01/24)*
- *26 DE Reg. 202 (09/01/22)*
- *28 DE Reg. 126 (08/01/24)*
### **1042** Coaches
##### **14 Del. Admin. Code § 1042-1.0** Content {#sec-1042-1.0 omnilex-key=us-de-regs-official--title-14--1042-1.0}
In accordance with 14 Del.C. §303(b), this regulation sets forth requirements for certified, emergency, and volunteer coaches at the middle and high school levels. Additional requirements for coaches are set forth in other interscholastic athletic regulations, including 14 DE Admin. Code 1023 Sportsmanship, 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact, and 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact.
**History**
- *26 DE Reg. 206 (09/01/22)*
##### **14 Del. Admin. Code § 1042-2.0** Definitions {#sec-1042-2.0 omnilex-key=us-de-regs-official--title-14--1042-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Board" means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Ch. 3.
"Competition" means a contest between schools in which student athletes compete.
"Department" means the Delaware Department of Education.
"Member School" means a full or associate member school of the DIAA.
"School Day" or "School Days" means actual school attendance days during the regular academic school year including a partial day that students are in attendance at school for instructional purposes as adopted by the district or governing body of the school not to include weekends, holidays, summer school, etc.
"Unified Sports" means a co-ed program that combines an approximately equal number of students with and without autism or intellectual disabilities on a sports team for training and interscholastic competition.
**History**
- *26 DE Reg. 206 (09/01/22)*
##### **14 Del. Admin. Code § 1042-3.0** Certified Coaches {#sec-1042-3.0 omnilex-key=us-de-regs-official--title-14--1042-3.0}
3.1 Only those professional employees certified by the Department and whose salary is paid by the State or local board of education, or in the case of charter and nonpublic schools by a similar governing body, if acceptable as a coach by the governing body, shall coach, assist in coaching, or direct member school teams in any district. The terms of employment shall be for the regular school year and the professional assignment shall be no less than half of the School Day, exclusive of coaching duties.
3.2 All middle school head coaches and high school varsity head coaches (or the junior varsity head coach, if the school does not sponsor a varsity team) shall be required to attend the DIAA rules clinic for their sport or, if applicable, pass an open book rules examination supplied by the DIAA office. A Member School shall be assessed a $50.00 fine and the coach shall be placed on probation if the coach fails to attend the DIAA rules clinic or pass the open book rules examination in the coach's respective sport. Failure to comply for a second consecutive year shall result in the school being assessed a $50.00 fine and the coach being suspended for up to five contests as determined by the Board.
3.3 Certified coaches at all levels of competition shall hold a current certification in adult CPR, AED, and first aid.
3.4 Certified coaches at all levels of competition shall complete the NFHS' "Concussion in Sports" course online through NFHSlearn.com every two years.
3.5 Certified coaches of Unified Sports shall complete the NFHS' "Unified Sports®" course online through NFHSlearn.com every two years.
**History**
- *26 DE Reg. 206 (09/01/22)*
##### **14 Del. Admin. Code § 1042-4.0** Emergency Coaches {#sec-1042-4.0 omnilex-key=us-de-regs-official--title-14--1042-4.0}
4.1 An emergency coach shall be defined as an individual who is either not certified by the Department, or is certified by the Department but is not employed for the regular school year or whose professional assignment is less than half of the School Day. An individual who meets the requirements of a certified coach but whose professional assignment is located in a different school or district than their coaching assignment shall not be considered an emergency coach.
4.2 Emergency coaches at all levels of competition shall hold a current certification in adult CPR, AED, and first aid.
4.3 Emergency coaches at all levels of competition shall complete the NFHS' "Concussion in Sports" course online through NFHSlearn.com every two years.
4.4 Emergency coaches of Unified Sports shall complete the NFHS' "Unified Sports®" course online through NFHSlearn.com every two years.
4.5 Emergency coaches may be employed provided the local governing body adheres to the following procedures:
4.5.1 The employing board of education must attempt to locate an acceptable, certified professional staff member by advertising the coaching vacancy in the district for as many days as are required by the district's collective bargaining agreement.
4.5.2 If an acceptable, certified professional staff member is not available, an individual who is acceptable to the employing board of education may be hired as an emergency coach.
4.5.3 Any individual employed as a coach under the emergency provision must comply with the following regulations:
4.5.3.1 Emergency coaches must be officially appointed by the local board of education. The Superintendent or designee may temporarily appoint an individual if a coaching vacancy arises and the sport season begins during the interim between meetings of the local board of education.
4.5.3.2 The emergency coaches' coaching salary must be paid exclusively by the local board of education.
**History**
- *26 DE Reg. 206 (09/01/22)*
##### **14 Del. Admin. Code § 1042-5.0** Volunteer Coaches {#sec-1042-5.0 omnilex-key=us-de-regs-official--title-14--1042-5.0}
5.1 In addition to the members of the school's regular coaching staff, the local governing body may supplement a school's coaching staff with volunteer coaches. Volunteer coaches are individuals who donate their services to a school, who have been approved by that school's local governing body, and who are supervised by a certified or emergency coach. A current list of approved volunteer coaches shall be on file in the school's administrative office before any coaching duties are assumed.
5.2 Volunteer coaches at all levels of competition shall hold a current certification in adult CPR, AED, and first aid.
5.3 Volunteer coaches at all levels of competition shall complete the NFHS' "Concussion in Sports" course online through NFHSlearn.com every two years.
5.4 Volunteer coaches of Unified Sports shall complete the NFHS' "Unified Sports®" course online through NFHSlearn.com every two years.
**History**
- *26 DE Reg. 206 (09/01/22)*
##### **14 Del. Admin. Code § 1042-6.0** Football Coaches {#sec-1042-6.0 omnilex-key=us-de-regs-official--title-14--1042-6.0}
All football coaches (including certified, emergency, and volunteer coaches) at all levels of competition shall annually complete certified football training.
**History**
- *26 DE Reg. 206 (09/01/22)*
## **1100** Transportation
### **1101** Standards for School Bus Chassis and Bodies Placed in Production After March 1, 1998 (Terminology and School Bus Types are described in the National Standards for School Transportation 1995)
##### **14 Del. Admin. Code § 1101-1.0** Bus Chassis Standards {#sec-1101-1.0 omnilex-key=us-de-regs-official--title-14--1101-1.0}
1.1 Air Cleaner
1.1.1 The engine intake air cleaner system shall be furnished and properly installed by the chassis manufacturer to meet engine manufacturer’s specifications.
1.1.2 The intake air system for diesel engines shall have an air cleaner restriction indicator properly installed by the chassis manufacturer to meet engine specifications.
1.2 Axles: The front and rear axle and suspension systems shall have gross axle weight rating at ground commensurate with the respective front and rear weight loads that will be imposed by the bus.
1.3 Brakes
1.3.1 The braking system shall include the service brake, an emergency brake that is a part of the service brake system and controlled by the service brake control, and a parking brake.
1.3.2 Buses using air or vacuum in the operation of the brake system shall be equipped with warning signals, readily audible and visible to the driver, that will give a continuous warning when the air pressure available in the system for braking is 60 psi (pounds per square inch) or less or the vacuum in the system available for braking is 8 inches of mercury or less. An illuminated gauge shall be provided that will indicate to the driver the air pressure in pounds per square inch or the inches of mercury vacuum available for the operation of the brakes.
1.3.2.1 Vacuum assist brake systems shall have a reservoir used exclusively for brakes that shall adequately ensure a full stroke application that loss in vacuum shall not exceed 30 percent with the engine off. Brake systems on gas powered engines shall include suitable and convenient connections for the installation of a separate vacuum reservoir.
1.3.2.2 Any brake system with a dry reservoir shall be equipped with a check valve or equivalent device to ensure that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored dry air or vacuum shall not be depleted by the leakage or failure. All buses with an air brake system shall be equipped with an air dryer.
1.3.2.3 Buses using a hydraulic assist brake shall be equipped with warning signals, readily audible and visible to the driver, that will provide continuous warning in the event of a loss of fluid flow from primary source and in the event of discontinuity in that portion of the vehicle electrical system that supplies power to the backup system.
1.3.2.4 The brake lines and booster assist lines shall be protected from excessive heat and vibration and installed in a manner which prevents chafing.
1.3.2.5 All brake systems shall be designed to permit visual inspection of brake lining wear without removal of any chassis components.
1.3.2.6 Antilock brake systems for either air or hydraulic brakes shall include control of all axles in compliance with FMVSS 105 or 121.
1.4 Bumper Front
1.4.1 All school buses shall be equipped with a front bumper. The front bumper shall be furnished by the chassis manufacturer as part of the chassis on all types of chassis unless there is a specific arrangement between the chassis manufacturer and body manufacturer that the body manufacturer will furnish the front bumper.
1.4.2 Unless an energy absorbing bumper is used, the front bumper shall be of pressed steel channel or equivalent material at least 3/16" thick and not less than 8 inches wide (high) and shall extend beyond forward most part of the body, grille, hood, and fenders and shall extend to outer edges of the fenders at the bumper's top line.
1.4.3 Front bumper, except breakaway bumper ends, shall be of sufficient strength to permit pushing a vehicle of equal gross vehicle weight without permanent distortion to the bumper, chassis, or body.
1.4.4 The bumper shall be designed or reinforced so that it will not deform when the bus is lifted by a chain that is passed under the bumper (or through the bumper if holes are provided for this purpose) and attached to both tow eyes. For the purpose of meeting this standard, the bus shall be empty and positioned on a level, hard surface and both tow eyes shall share the load equally.
1.4.5 If an optional energy absorbing front bumper is used, it shall meet the strength requirements in the 1995 National Standards.
1.5 Certification: Chassis manufacturer will, upon request, certify to the state agency having pupil transportation jurisdiction that their product meets minimum standards on items not covered by certification issued under requirements of the National Traffic and Motor Vehicle Safety Act.
1.6 Clutch
1.6.1 Clutch torque capacity shall be equal to or greater than the engine torque output.
1.6.2 A starter interlock shall be installed to prevent actuation of the starter if the clutch is not depressed.
1.7 Color
1.7.1 Chassis, including wheels and front bumper, shall be black. Body cowl, hood, and fenders shall be in National School Bus Yellow (NSBY). The hood may be painted with nonreflective paint. (See Appendix B, 1995 National Standards)
1.7.2 Demountable rims, if used, may be, silver, gray or black as received from the wheel manufacturer.
1.8 Daytime Running Lights: Exterior head lamps and parking lamps may be provided with a switch to automatically operate said lamps when the vehicle’s ignition is engaged. This switch, if furnished, shall not engage while the starter is engaged. If this switch is designed to provide reduced illumination under normal operating conditions, a means whereby the head lamps and parking lamps can be engaged at full power shall be provided.
1.9 Drive Shaft: Drive shaft shall be protected by a metal guard or guards around the circumference of the drive shaft to reduce the possibility of its whipping through the floor or dropping to the ground if broken.
1.10 Electrical System
1.10.1 Battery
1.10.1.1 Storage battery shall have minimum cold cranking capacity rating equal to the cranking current required for 30 seconds at 0 degrees Fahrenheit (-17.80C) and a minimum reserve capacity rating of 120 minutes at 25 amps. Higher capacities may be required depending upon optional equipment and local environmental conditions.
1.10.1.2 Since all batteries are to be secured in a sliding tray in the body, chassis manufacturers shall temporarily mount the battery on the chassis frame, except that van conversion or cutaway front section chassis may be manufacturer's standard configuration. In these cases, the final location of the battery and the appropriate cable lengths shall be according to the SBMI Design Objectives Booklet, 1990 edition, or as mutually agreed upon by the chassis and body manufacturer. In all cases, however, the battery cable provided with the chassis shall have sufficient length to allow some slack.
1.10.2 Alternator
1.10.2.1 All Type A buses and Type B buses up to 15,000 lbs. GVWR shall have a minimum 60 ampere alternator.
1.10.2.2 Types A-I and Type B buses over 15,000 lbs. GVWR and all types C and D buses shall be equipped with a heavy duty truck or bus type alternator meeting SAE J 180, having a minimum output rating of 100 amperes. Alternators of 100 through 145 ampere design shall produce a minimum of 50 amperes output at engine idle speed.
1.10.2.3 All buses equipped with an electrical power lift shall have a minimum 130 ampere alternator.
1.10.2.4 Direct drive alternator is permissible in lieu of belt drive. Belt drive shall be capable of handling the rated capacity of the alternator with no detrimental effect on other driven components.
1.10.2.5 Refer to SBMI Design Objectives, 1990 edition for estimating required alternator capacity.
1.10.3 Wiring
1.10.3.1 All wiring shall conform to current applicable recommended practices of the Society of Automotive Engineers (SAE).
1.10.3.1.1 All wiring shall use a standard color and number coding and each chassis shall be delivered with a wiring diagram that illustrates the wiring of the chassis.
1.10.3.2 Chassis manufacturer shall install a readily accessible terminal strip or plug on the body side of the cowl, or in an accessible location in the engine compartment of vehicles designed without a cowl, that shall contain the following terminals for the body connections:
1.10.3.2.1 Main 100 amp body circuit
1.10.3.2.2 Tail lamps
1.10.3.2.3 Right turn signal
1.10.3.2.4 Left turn signal
1.10.3.2.5 Stop lamps
1.10.3.2.6 Back up lamps
1.10.3.2.7 Instrument panel lights (rheostat controlled by head lamp switch)
1.10.4 Circuits
1.10.4.1 An appropriate identifying diagram (color and number coded) for electrical circuits shall be provided to the body manufacturer for distribution to the end user.
1.10.4.2 Headlight system must be wired separately from the body controlled solenoid.
1.11 Exhaust System
1.11.1 Exhaust pipe, muffler and tailpipe shall be outside the bus body compartment and attached to the chassis so as not to damage any other chassis component.
1.11.2 Tailpipe shall be constructed of a corrosion resistant tubing material at least equal in strength and durability to 16 gauge steel tubing.
1.11.3 Chassis manufacturers shall furnish an exhaust system with tailpipe of sufficient length to exit the rear of the bus or at the left side of the bus body no more than 18 inches forward of the front edge of the rear wheel house opening. If designed to exit at the rear of the bus, the tailpipe shall extend at least five inches beyond the end of the chassis frame. If designed to exit to the side of the bus, the tailpipe shall extend at least 48.5 inches (51.5 inches if the body is to be 102 inches wide) outboard from the chassis centerline.
1.11.3.1 On Types C and D vehicles, the tailpipe shall not exit beneath a fuel fill or emergency door exit.
1.11.3.2 Type A and B chassis may be furnished with the manufacturer's standard tailpipe configuration.
1.11.4 Exhaust system on a chassis shall be adequately insulated from the fuel system.
1.11.5 Muffler shall be constructed of corrosion resistant material.
1.11.6 The exhaust system on vehicles equipped with a power lift unit may be routed to the left of the right frame rail to allow for the installation of a power lift unit on the right side of the vehicle.
1.12 Fenders, Front Type C Vehicles
1.12.1 Total spread of outer edges of front fenders, measured at fender line, shall exceed total spread of front tires when front wheels are in straight ahead position.
1.12.2 Front fenders shall be properly braced and free from any body attachments.
1.13 Frame
1.13.1 Frame or equivalent shall be of such design and strength characteristics as to correspond at least to standard practice for trucks of the same general load characteristics which are used for highway service.
1.13.2 Any secondary manufacturer that modifies the original chassis frame shall guarantee the performance of workmanship and materials resulting from such modification.
1.13.3 Frames shall not be modified for the purpose of extending the wheel base.
1.13.4 Holes in top or bottom flanges or side units of the frame, and welding to the frame, shall not be permitted except as provided or accepted by chassis manufacturer.
1.13.5 Frame lengths shall be provided in accordance with SBMI Design Objectives, 1990 edition, except where body and chassis manufacturer are the same or have established mutual design criteria for the vehicle.
1.14 Fuel Tank
1.14.1 Fuel tank or tanks having a 30 gallon capacity with a 25 gallon actual draw shall be provided by the chassis manufacturer. The tank shall be filled and vented to the outside of the body, in a location where accidental fuel spillage will not drip or drain on any part of the exhaust system.
1.14.2 No portion of the fuel system which is located outside the engine compartment, except the filler tube, shall extend above the top of the chassis frame rail. Fuel lines shall be mounted to obtain maximum possible protection from the chassis frame.
1.14.3 Fuel filter with replaceable element shall be installed between the fuel tank and engine.
1.14.4 Fuel tank installation shall be in accordance with SBMI Design Objectives, 1990 edition, and all Federal Motor Vehicle Safety Standards in effect on the date of manufacture of the bus.
1.14.4.1 Fuel tanks may be mounted between the chassis frame rails or outboard of the frame rails on either the left or right side of the vehicle.
1.14.5 The actual draw capacity of each fuel tank shall be 83 percent of the tank capacity.
1.14.6 Unless specific agreement has been made between the body and chassis manufacturers, fuel tanks and filler spouts shall not be located in spaces restricted by SBMI Design Objectives, 1990 edition.
1.14.7 Installation of alternative fuel systems, including fuel tanks and piping from tank to engine, shall comply with all applicable fire codes and applicable Federal Motor Vehicle Safety Standards in effect on the date of manufacture of the bus.
1.14.7.1 Installation of LPG tanks shall comply with National Fire Protection Association (NFPA) 58. Installation of other alternative fuel tanks shall comply with applicable NFPA standards.
1.14.8 Fuel gauges must be calibrated for size of tank used. If more than one tank is used, there must be a gauge for each tank.
1.15 Governor
1.15.1 An engine governor or road speed governor is permissible.
1.15.2 When engine is remotely located from driver, the governor shall be set to limit engine speed to maximum revolutions per minute recommended by engine manufacturer, and a tachometer shall be installed so the engine speed may be known to the driver.
1.16 Heating System, Provision For: The chassis engine shall have plugged openings for the purpose of supplying hot water for the bus heating system. The openings shall be suitable for attaching 3/4 inch pipe thread/hose connector. The engine shall be capable of supplying water having a temperature of at least 170 degrees Fahrenheit at a flow rate of 50 pounds per minute at the return end of 30 feet of one inch inside diameter automotive hot water heater hose. (SBMI Standard No. 001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment.)
1.17 Horn: Bus shall be equipped with horn or horns of standard make with each horn capable of producing a complex sound in bands of audio frequencies between 250 and 2000 cycles per second and tested in accordance with SAE J-377.
1.18 Instruments and Instrument Panel
1.18.1 Chassis shall be equipped with the following instruments and gauges - lights in lieu of gauges are not acceptable, except as noted:
1.18.1.1 Speedometer.
1.18.1.2 Odometer which will give accrued mileage (to seven digits), including tenths of miles.
1.18.1.3 Voltmeter: Ammeter with graduated charge and discharge, with ammeter and its wiring compatible with generating capacities, is permitted in lieu of voltmeter.
1.18.1.4 Oil pressure gauge.
1.18.1.5 Water temperature gauge.
1.18.1.6 Fuel gauge.
1.18.1.7 Upper beam headlight indicator.
1.18.1.8 Brake indicator gauge (vacuum or air): Light indicator in lieu of gauge is permitted on vehicle equipped with hydraulic over hydraulic brake system.
1.18.1.9 Turn signal indicator.
1.18.1.10 Glow plug indicator light where appropriate.
1.18.2 All instruments shall be easily accessible for maintenance and repair.
1.18.3 Instruments and gauges shall be mounted on the instrument panel so that each is clearly visible to the driver while seated in a normal driving position in accordance with SBMI Design Objectives, 1990 edition.
1.18.4 Instrument panel shall have lamps of sufficient candlepower to illuminate all instruments and gauges and shift selector indicator for automatic transmission.
1.19 Oil Filter: An oil filter with a replaceable element shall be provided and connected by flexible oil lines if not a built in or an engine-mounted design. The oil filter shall have a capacity of at least 1 quart.
1.20 Openings: All openings in the floorboard or firewall between chassis and passenger compartment, such as for gearshift selector and parking brake lever, shall be sealed.
1.21 Passenger Load
1.21.1 Actual gross vehicle weight (GVW) is the sum of the chassis weight, plus the body weight, plus the driver's weight, plus total seated pupil weight. (For purposes of calculation, the driver’s weight is 150 pounds and the pupil weight is 120 pounds per pupil.)
1.21.2 Actual gross vehicle weight (GVW) shall not exceed the chassis manufacturer's GVWR for the chassis nor shall the actual weight carried on any axle exceed the chassis manufacturer's GVWR.
1.21.3 Manufacturer's GVWR shall be furnished in duplicate (unless more are requested) by manufacturers to the Delaware Department of Education. The Department of Education shall, in turn, transmit such ratings to other state agencies responsible for development or enforcement of state standards for school buses.
1.22 Power and Grade Ability: GVWR shall not exceed 185 pounds per published net horsepower of the engine at the manufacturer's recommended maximum number of revolutions per minute.
1.23 Shock Absorbers: The bus shall be equipped with double action shock absorbers compatible with manufacturer's rated axle capacity at each wheel location.
1.24 Springs
1.24.1 The capacity of springs or suspension assemblies shall be commensurate with the chassis manufacturer's GVWR.
1.24.2 Steel leaf rear springs shall be a progressive rate or multi stage design. Front leaf springs shall have a stationary eye at one end and shall be protected by a wrapped leaf in addition to the main leaf.
1.25 Steering Gear
1.25.1 The steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when the vehicle is operated with maximum load and at maximum speed.
1.25.2 If external adjustments are required, steering mechanism shall be accessible to accomplish same.
1.25.3 No changes shall be made in the steering apparatus which are not approved by the chassis manufacturer.
1.25.4 There shall be a clearance of at least 2 inches between the steering wheel and cowl, instrument panel, windshield, or any other surface.
1.25.5 Power steering is required and shall be of the integral type with integral valves.
1.25.6 The steering system shall be designed to provide a means for lubrication of all wear points, if wear points are not permanently lubricated.
1.26 Throttle: The force required to operate the throttle shall not exceed 16 pounds throughout the full range of accelerator pedal travel.
1.27 Tires and Rims
1.27.1 Tires and rims of the proper size and tires with a load rating commensurate with chassis manufacturer's gross vehicle weight rating shall be provided. The use of multipiece rims and tube type tires shall not be permitted.
1.27.2 Dual rear tires shall be provided on Type A-I, Type B, Type C, and Type D buses.
1.27.3 All tires on a vehicle shall be of the same size, and the load range of the tires shall meet or exceed the GVWR as required by FMVSS 120.
1.27.4 If the vehicle is equipped with a spare tire and rim assembly, it shall be the same size as those mounted on the vehicle.
1.27.5 If a tire carrier is required, it shall be suitably mounted in an accessible location outside the passenger compartment.
1.28 Tow Eyes or Hooks: Tow eyes or hooks shall be furnished and attached so as not to project beyond the front bumper. Tow eyes or hooks attached to the frame chassis shall be furnished by the chassis manufacturer. This installation shall be in accordance with the chassis manufacturer's standards.
1.29 Transmission
1.29.1 Automatic transmissions shall have no fewer than three forward speeds and one reverse speed. The shift selector shall provide a detent between each gear position when the gear selector quadrant and shift selector are not steering column mounted.
1.29.2 In manual transmissions, second gear and higher shall be synchronized except when incompatible with engine power. A minimum of three forward speeds and one reverse speed shall be provided.
1.30 Turning Radius
1.30.1 A chassis with a wheelbase of 264 inches or less shall have a right and left turning radius of not more than 42 1/2 feet, curb to curb measurement.
1.30.2 A chassis with a wheelbase of 265 inches or more shall have a right and left turning radius of not more than 44 1/2 feet, curb to curb measurement.
1.31 Undercoating: The chassis manufacturers or their agent shall coat the undersides of steel or metallic constructed front fenders with a rust proofing compound for which compound manufacturers have issued notarized certification of compliance to chassis builder that the compound meets or exceeds all performance and qualitative requirements of paragraph 3.4 of Federal Specification TT-C-520B, using modified tests.
**History**
- *25 DE Reg. 1136 (06/01/22)*
- *4 DE Reg. 995 (12/01/00)*
- *11 DE Reg. 1229 (03/01/08)*
- *25 DE Reg. 1136 (06/01/22)*
- *1 DE Reg. 473 (11/01/97)*
- *7 DE Reg. 1545 (05/01/04)*
- *16 DE Reg. 415 (10/01/12)*
- *25 DE Reg. 1136 (06/01/22)*
##### **14 Del. Admin. Code § 1101-2.0** Bus Body Standards {#sec-1101-2.0 omnilex-key=us-de-regs-official--title-14--1101-2.0}
2.1 Aisle
2.1.1 All emergency doors shall be accessible by a 12-inch minimum aisle. Aisle shall be unobstructed at all times by any type of barrier, seat, wheelchair or tiedown.
2.1.2 A 2-inch white line shall separate the driver compartment from the passenger compartment.
2.1.3 The seat backs shall be slanted sufficiently to give aisle clearance of 15 inches at tops of seat backs.
2.2 Back Up Warning Alarm: An automatic audible alarm shall be installed behind the rear axle and shall comply with the published Backup Alarm Standards (SAE 994), providing a minimum of 112 dBA for rubber tired vehicles.
2.3 Battery Compartment
2.3.1 When the battery is mounted as described in the chassis section, the body manufacturer shall securely attach the battery on a slide out or swing out tray in a closed, vented compartment in the body skirt, so that the battery is accessible for convenient servicing from the outside. Battery compartment door or cover shall be hinged at front or top, and secured by an adequate and conveniently operated latch or other type fastener. On all Type A buses, one or both batteries may be mounted in the engine compartment in an accessible location.
2.3.2 Buses may be equipped with a battery shut off switch. The switch is to be placed in a location not readily accessible to the driver or passengers.
2.4 Bumper (Front)
2.4.1 On a Type "D" school bus, if the chassis manufacturer does not provide a bumper, it shall be provided by the body manufacturer. The bumper will conform to the standards in the chassis section.
2.4.2 If an optional energy absorbing front bumper is used, it shall meet the strength requirements in the 1995 National Standards.
2.5 Bumper (Rear)
2.5.1 Bumper shall be pressed steel channel or equivalent material, at least 3/16 inch thick, and shall be a minimum of 8 inches wide (high) on Type A-II and a minimum of 9½ inches (high) on Types A-I, B, C, and D buses and of sufficient strength to permit being pushed by another vehicle without permanent distortion.
2.5.2 Bumper shall be wrapped around back corners of the bus. It shall extend forward at least 12 inches, measured from the rear most point of the body at the floor line and shall be flush mounted to body side or protected with an end panel.
2.5.3 Bumper shall be attached to the chassis frame in such a manner that it may be easily removed. It shall be so braced as to withstand impact from a rear or side impact. It shall be so attached as to discourage hitching of rides.
2.5.4 Bumper shall extend at least 1 inch beyond rear most part of body surface measured at the floor line.
2.5.5 If an optional energy absorbing rear bumper is used, it shall meet the strength requirements of the 1995 National Standards.
2.6 Ceiling: See Insulation and Interior, Body section.
2.7 Certification: Body manufacturer shall, upon request, certify to the Delaware Department of Education, that their product meets state standards on items not covered by certification issued under requirements of the National Traffic and Motor Vehicle Safety Act.
2.8 Chains (Tire): See Wheelhousing, Body section.
2.9 Color
2.9.1 The school bus body shall be painted National School Bus Yellow (NSBY).
2.9.2 The body exterior paint trim, bumper, lamp hoods, emergency door arrow, and lettering shall be black.
2.10 Communications: Buses shall be equipped with a radio or telephonic communication device. It will be added by the school district, school, or contractor.
2.11 Construction
2.11.1 Construction shall be of prime commercial quality steel or other metal or material with strength at least equivalent to all steel, as certified by the bus body manufacturer.
2.11.2 Construction shall be reasonably dust proof and watertight.
2.11.3 Body joints present in that portion of the Type A-II school bus body furnished exclusively by the body manufacturer shall conform to the performance requirements of FMVSS 221. This does not include the body joints created when body components are attached to components furnished by the chassis manufacturer.
2.12 Crossing Control Arm
2.12.1 Buses shall be equipped with a crossing control arm mounted on the right side of the front bumper, which shall not open more than 90°.
2.12.2 All components of the crossing control arm and all connections shall be weatherproofed.
2.12.3 The crossing control arm shall incorporate system connectors (electrical, vacuum, or air) at the gate and shall be easily removable to allow for towing of the bus.
2.12.4 The crossing control arm shall meet or exceed SAE Standard J1133.
2.12.5 The crossing control arm shall be constructed of noncorrosive or nonferrous material or treated in accordance with the body sheet metal standard (see METAL TREATMENT).
2.12.6 There shall be no sharp edges or projections that could cause hazard or injury to students.
2.12.7 The crossing control arm shall extend approximately 72 inches from the front bumper when in the extended position.
2.12.8 The crossing control arms shall extend simultaneously with the stop arm by means of the stop arm controls.
2.13 Defrosters
2.13.1 Defrosting and defogging equipment shall direct a sufficient flow of heated air onto the windshield, the window to the left of the driver, and the glass in the viewing area directly to the right of the driver to eliminate frost, fog and snow.
2.13.2 The defrosting system shall conform to SAE Standards J381 and J382.
2.13.3 The defroster and defogging system shall be capable of furnishing heated outside ambient air, except the part of the system furnishing additional air to the windshield, entrance door and stepwell may be of the recirculating air type.
2.13.4 Auxiliary fans are not considered defrosting or defogging systems and are described under “Ventilation.”
2.13.5 Portable heaters shall not be used.
2.14 Doors
2.14.1 Service door shall be in the driver's control, and designed to afford easy release and provide a positive latching device on manual operating doors to prevent accidental opening. When a hand lever is used, no part shall come together that will shear or crush fingers. Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation. If a power assisted door is used, the actuation switch shall be to the right of the steering wheel (in the same position as the manual handles).
2.14.2 Service door shall be located on the right side of the bus, opposite and within direct view of driver.
2.14.3 Service door shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches. Type A-II vehicles shall have a minimum opening area of 1200 square inches.
2.14.4 Service door shall be a split type, sedan type, or jack knife type. (Split type door includes any sectioned door which divides and opens inward or outward.) If one section of a split type door opens inward and the other opens outward, the front section shall open outward.
2.14.5 Lower as well as upper door panels shall be of approved safety glass. Bottom of each lower glass panel shall not be more than 10 inches from the top surface of bottom step. Top of each upper glass panel shall not be more than 3 inches from the top of the door. Type A vehicles shall have an upper panel (windows) of safety glass with an area of at least 350 square inches.
2.14.6 Vertical closing edges on split type or folding type entrance doors shall be equipped with flexible material to protect children's fingers. Type A-II vehicles may be equipped with chassis manufacturer's standard entrance door.
2.14.7 There shall be no door to left of driver on Type B, C or D vehicles. All Type A vehicles may be equipped with chassis manufacturer's standard door.
2.14.8 All doors shall be equipped with padding at the top edge of each door opening. Padding shall be at least 3 inches wide and 1 inch thick and extend the full width of the door opening.
2.15 Driver Compartment
2.15.1 Driver's seat supplied by the body company shall be a high back seat with a minimum seat back adjustment of 15 degrees, not requiring the use of tools, and with a head restraint to accommodate a 95th percentile adult male, as defined in FMVSS 208. The driver's seat shall be secured with nuts, bolts, and washers or flanged headed nuts.
2.15.2 Driver seat positioning and range of adjustments shall be designed to accommodate comfortable actuation of the foot control pedals by 95 percent of the male and female adult population.
2.16 Emergency Exits
2.16.1 Emergency doors and other emergency exits shall comply with the requirements of FMVSS 217 and any of the requirements of these standards that exceed FMVSS 217.
2.16.2 Emergency door requirements
2.16.2.1 Upper portion of the emergency door shall be equipped with approved safety glazing, exposed area of which shall be at least 400 square inches. The lower portion of the rear emergency doors on Types A-I, B, C, and D vehicles shall be equipped with a minimum of 350 square inches of approved safety glazing.
2.16.2.2 There shall be no steps leading to an emergency door.
2.16.2.3 The words "EMERGENCY DOOR," in letters at least 2 inches high, shall be placed at the top of or directly above the emergency door, or on the door in the metal panel above the top glass, both inside and outside the bus.
2.16.2.4 The emergency doors shall be equipped with padding at top edge of each door opening. Padding shall be at least 3 inches wide and 1 inch thick and extend the full width of the door opening.
2.16.2.5 The side emergency door, if installed, must meet the requirements as set forth in FMVSS 217, regardless of its use with any other combination of emergency exits. There shall be a clear aisle leading to it i.e., flip seats shall not be used.
2.16.2.6 There shall be no obstruction higher than 1/4 inch across the bottom of any emergency door opening.
2.16.3 Emergency exit requirements: Types A, B, C, and D vehicles shall be equipped with a total number of emergency exits as follows for the indicated standard seating capacities of vehicles (See below). Exits required by FMVSS 217 may be included to comprise the total number of exits specified.
0 to 42 Passenger = 1 emergency exit per side and 1 roof hatch.
43 to 78 Passenger = 2 emergency exits per side and 2 roof hatches.
79 to 90 Passenger = 3 emergency exits per side and 2 roof hatches.
2.16.4 Each emergency exit above shall comply with FMVSS 217. These emergency exits are in addition to the rear emergency door or exit.
2.16.5 In addition to the audible warning required on emergency doors by FMVSS 217, additional emergency exits shall also be equipped with an audible warning device.
2.17 Emergency Equipment
2.17.1 Fire Extinguisher
2.17.1.1 The bus shall be equipped with at least one UL approved pressurized, dry chemical fire extinguisher complete with hose. Extinguisher shall be mounted in a bracket, located in the driver's compartment and readily accessible to the driver and passengers. A pressure gauge shall be mounted on the extinguisher and be easily read without moving the extinguisher from its mounted position.
2.17.1.2 The fire extinguisher shall have a total rating of 2A10BC or greater. The operating mechanism shall be sealed with a type of seal which will not interfere with the use of the fire extinguisher.
2.17.2 First Aid Kit
2.17.2.1 The bus shall have a removable moisture proof and dust proof first aid kit in an accessible place in the driver's compartment. It shall be properly mounted and identified as a first aid kit. The location for the first aid kit shall be marked.
2.17.2.2 Minimum contents include
1 - non-sterile triangular bandage approximately 40 inches by 36 inches by 54 inches with 2 safety pins
2.17.3 Body fluid clean up kit: Each bus shall have a removable and moisture proof body fluid clean up kit accessible to the driver. It shall be properly mounted and identified as a body fluid clean up kit. Contents of body fluid clean up kit shall include the following:
2.17.3.1 1- 16 oz. bottle of 70 percent rubbing alcohol or 10 percent solution of bleach.
2.17.3.2 1- plastic trash bag with tie, minimum of 12 inches by 12 inches.
2.17.3.3 2- pairs of medical examination gloves.
2.17.3.4 10- paper towels, approximately 10 ½ inches by 12½ inches.
2.17.4 Warning devices: Each school bus shall contain at least 3 reflectorized triangle road warning devices mounted in an accessible place. These devices must meet requirements in FMVSS 125.
2.17.5 If any emergency equipment is mounted in an enclosed compartment, refer to the 1995 National Standards.
2.18 Floor
2.18.1 Floor in under seat area, including tops of wheelhousing, driver's compartment and toeboard, shall be covered with rubber floor covering or equivalent, having a minimum overall thickness of 1/8 inch. The driver's area on all Type A buses may be manufacturer's standard flooring and floor covering.
2.18.2 Floor covering in aisles shall be of aisle type rubber or equivalent, wear resistant and ribbed. Minimum overall thickness shall be 7/8 inch measured from tops of ribs.
2.18.3 Floor covering must be permanently bonded to floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be a type recommended by the manufacturer of floor covering material. All seams must be sealed with waterproof sealer.
2.18.4 On Types A-I, B, C and D buses a screw down plate that is secured and insulated shall be provided to access the fuel tank sending unit.
2.19 Heaters
2.19.1 Heater shall be a hot water type.
2.19.2 Every bus with a capacity of 36 or more shall have 2 heaters at the front: 1 to the left of the driver, and 1 to the right of the driver near the entrance door, and 1 heater in the rear portion of the bus.
2.19.3 If only one heater is used, it shall be fresh air or combination fresh air and recirculation type.
2.19.4 If more than one heater is used, additional heaters may be recirculating air type.
2.19.5 The heating system shall be capable of maintaining bus interior temperatures as specified in SAE test procedure J2233.
2.19.6 All heaters installed by body manufacturers shall bear a name plate that indicates the heater rating in accordance with SBMI Standard No. 001. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate.
2.19.7 Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE Standard J20c. Heater lines on the interior of bus shall be shielded to prevent scalding of the driver or passengers.
2.19.8 Each hot water system installed by a body manufacturer shall include one shut off valve in the pressure line and one shut off valve in the return line with both valves at the engine in an accessible location, except that on all Types A and B buses, the valves may be installed in another accessible location.
2.19.9 There shall be a water flow regulating valve installed in the pressure line for convenient operation by the driver while seated.
2.19.10 Accessible bleeder valves shall be installed in an appropriate place in the return lines of body company installed heaters to remove air from the heater lines.
2.19.11 Access panels shall be provided to make heater motors, cores, and fans readily accessible for service. Outside access panel may be provided for the driver’s heater.
2.20 Hinges: All exposed metal door hinges subject to corrosion shall be designed to allow lubrication to be channeled to the center 75 percent of each hinge loop.
2.21 Identification
2.21.1 Body shall bear words "SCHOOL BUS" in black letters at least eight inches high on both front and rear of body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to "Series B" of Standard Alphabets for highway signs. "SCHOOL BUS" lettering shall have a reflective background, or as an option, may be illuminated by backlighting. All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white.
2.21.2 Bus identification number shall be displayed on the sides, on the rear, and on the front.
2.21.3 Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to:
2.21.3.1 District or company name or owner of the bus may be displayed.
2.21.3.2 Bus identification number on the top of the bus, in addition to required numbering on sides, rear, and front.
2.21.3.3 The location of the batteries identified by the word “BATTERY” or “BATTERIES” on the battery compartment door in 2-inch lettering.
2.21.3.4 Lettering to identify the fuel type at the fuel filler location (2-inch letters maximum).
2.21.3.5 Symbols or letters near the service door displaying information for identification by the students of the bus or route served. Such symbols or lettering, if used, shall not exceed 36 square inches in size.
2.21.3.6 Symbols identifying the bus as equipped for or transporting students with special needs (see Specially Equipped School Bus section).
2.21.3.7 Manufacturer, company name, dealer, or school logo, or U.S. Flag (with no other wording or artwork) decal or plate not to exceed 6 inches x 12 inches may be displayed in the right side plate location on the rear of the bus.
2.22 Inside Height: Inside body height shall be 72 inches or more, measured metal to metal, at any point on longitudinal center line from front vertical bow to rear vertical bow. Inside body height of Type A buses shall be 62 inches or more.
2.23 Insulation
2.23.1 Thermal insulation shall be fire resistant, UL approved, and approximately 1½ inches thick with minimum R value of 5.5. Insulation shall be installed to prevent sagging.
2.23.2 If floor insulation is required, it shall be either 5 ply nominal 5/8 inch thick plywood, or a material of equal or greater strength and insulation R value, and it shall equal or exceed properties of the exterior type softwood plywood, C-D Grade as specified in standard issued by U.S. Department of Commerce. When plywood is used, all exposed edges shall be sealed. Type A-II buses may be equipped with nominal ½ inch thick plywood meeting above requirements.
2.24 Interior
2.24.1 Interior of bus shall be free of all unnecessary projections, which include luggage racks and attendant hand rails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If ceiling is constructed to contain lapped joints, forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and tow chains. (See Storage Compartment, Body section)
2.24.2 The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment.
2.24.3 Every school bus shall be constructed so that the noise level taken at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in the 1995 National Standards.
2.25 Lamps and Signals
2.25.1 Interior lamps shall be provided which adequately illuminate aisle and stepwell. Stepwell light shall be illuminated by a service door operated switch, to illuminate only when headlights and clearance lights are on and service door is open.
2.25.2 Body instrument panel lights shall be controlled by an independent rheostat switch.
2.25.3 School bus alternately flashing signal lamps:
2.25.3.1 Bus shall be equipped with two red lamps at the rear of vehicle and two red lamps at the front of the vehicle. Lamps may be the sealed beam or halogen type.
2.25.3.2 In addition to the four red lamps described above, four amber lamps shall be installed so that one amber lamp is located near each red signal lamp, at same level, but closer to vertical centerline of bus. The system of red and amber signal lamps shall be wired so that amber lamps are energized manually, and red lamps are automatically energized (with amber lamps being automatically deenergized) when stop signal arm is extended or when bus service door is opened. An amber pilot light and a red pilot light shall be installed adjacent to the driver controls for the flashing signal lamp to indicate to the driver which lamp system is activated.
2.25.3.3 Area around lens of each alternately flashing signal lamp and extending outward approximately 3 inches shall be black in color. In installations where there is no flat vertical portion of body immediately surrounding entire lens of lamp, a circular or square band of black approximately 3 inches wide, immediately below and to both sides of the lens, shall be black in color on body or roof area against which signal lamp is seen (from distance of 500 feet along axis of vehicle). Visors or hoods with an appropriate black background to fit the shape of the lights and roofcap are required and shall have a minimum depth of 4 inches.
2.25.3.4 Red lamps shall flash at any time the stop signal arm is extended.
2.25.3.5 All flashers for alternately flashing red and amber signal lamps shall be enclosed in the body in a readily accessible location.
2.25.4 Turn signal and stop and tail lamps:
2.25.4.1 Bus body shall be equipped with amber rear turn signal lamps that are at least 7 inches in diameter and meet SAE specifications. These signal lamps must be connected to the chassis hazard warning switch to cause simultaneous flashing of turn signal lamps when needed as vehicular traffic hazard warning. Turn signal lamps are to be placed as wide apart as practical and their centerline shall be approximately 8 inches below the rear windows. Type A-II conversion vehicle lamps must be at least 21 square inches in lens area. All turn signal lens shall be amber in color.
2.25.4.2 Buses shall be equipped with amber sidemounted turn signal lights. The turn signal lamp on the left side shall be mounted rearward of the stop signal arm and the turn signal lamp on the right side shall be mounted rearward of the service door.
2.25.4.3 Buses shall be equipped with four combination red stop and tail lamps:
2.25.4.3.1 Two combination lamps with a minimum diameter of 7 inches, or if a shape other than round, a minimum 38 square inches of illuminated area shall be mounted on the rear of the bus just inside the turn signal lamps.
2.25.4.3.2 Two combination lamps with a minimum diameter of 4 inches, or if a shape other than round, a minimum 12 square inches of illuminated area shall be placed on the rear of the body between the beltline and the floor line. Rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a steady light when illuminated. Type A-II buses with bodies supplied by chassis manufacturer may have manufacturer's standard stop and tail lamps.
2.25.4.4 All buses shall be equipped with a transistorized monitor which monitors the front and rear lamps of the school bus. The monitor shall be mounted in full view of the driver. If the full circuit current passes through the monitor, each circuit shall be protected by a fuse or circuit breaker against any short circuit or intermittent shorts.
2.25.4.5 Body markers shall be the armored type.
2.25.4.6 Backup lamps: Bus body shall be equipped with two white rear backup lamp signals that are at least 4 inches in diameter or, if a shape other than round, a minimum of 13 square inches of illuminated area, meeting SAE specifications. If backup lamps are placed on the same line as the brake lamps and turn signal lamps, they shall be to the inside.
2.26 Metal Treatment
2.26.1 All metal used in construction of bus body shall be zinc coated or aluminum coated or treated by equivalent process before bus is constructed. Included are such items as structural members, inside and outside panels, door panels and floor sills. Excluded are such items as door handles, grab handles, interior decorative parts and other interior plated parts.
2.26.2 All metal parts that will be painted shall be, in addition to above requirements, chemically cleaned, etched, zinc phosphate coated and zinc chromate or epoxy primed or conditioned by equivalent process.
2.26.3 In providing for these requirements, particular attention shall be given lapped surfaces, welded connections of structural members, cut edges punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas and surfaces subjected to abrasion during vehicle operation.
2.26.4 As evidence that above requirements have been met, samples of materials and sections used in construction of the bus body subjected to 1000 hour salt spray test as provided for in latest revision of ASTM Standard B-117 shall not lose more than 10 percent of material by weight.
2.27 Mirrors
2.27.1 Interior mirror shall be either clear view laminated glass or clear view glass bonded to a backing which retains the glass in the event of breakage. Mirror shall have rounded corners and protected edges. All Type A buses shall have a minimum of a 6 inches x 16 inches mirror and Types B, C, and D buses shall have a minimum of a 6 inches x 30 inches mirror.
2.27.2 Each school bus shall be equipped with exterior mirrors meeting the requirements of FMVSS 111. Mirrors shall be easily adjustable but shall be rigidly braced so as to reduce vibration.
2.28 Mounting
2.28.1 Chassis frame shall support rear body cross member. Bus body shall be attached to chassis frame at each main floor sill, except where chassis components interfere, in such manner as to prevent shifting or separation of the body from the chassis under severe operating conditions.
2.28.2 Insulation material shall be placed at all contact points between body and chassis frame on Types A-I, B, C, and D buses, and shall be so attached to the chassis frame or body that it will not move under severe operating conditions.
2.29 Overall Length: Overall length of bus shall not exceed 40 feet, excluding accessories.
2.30 Overall Width: Overall width of bus shall not exceed 96 inches, excluding accessories. Delaware Law (21 Del.C., §4363b) states that the body, excluding mirrors, shall have a minimum width of 75 inches and a minimum height of 79 inches from road surface to top of roof.
2.31 Public Address System: There shall be installed a public address amplifier specifically designed for vehicular applications with a minimum power output of not less than 5 watts sine wave power. Such system shall consist of an on off switch, volume control, and an inside outside speaker selector switch. Additionally, it shall have an outside speaker completely weather proofed a minimum 7-watt power capability and two interior dynamic speakers with a minimum diameter of 4 inches. These speakers shall be located above the window line, to the rear of the driver, and shall not project more than 1/2 inch from the interlining of the bus. There shall be no sharp edges or corners which could cause injury to a passenger. The front speaker shall be approximately 5 feet to the rear of the driver, and the rear speaker shall be in the back portion of the bus. The outside speaker shall be located on the front of the cowl under the hood or other suitable location under the hood.
2.32 Reflective Material (see Appendix B of the 1995 National Standards)
2.32.1 Front and rear bumper may be marked diagonally 45 degrees down to centerline of pavement with 2-inch, plus or minus 1/4 inch, wide strips of non-contrasting reflective material.
2.32.2 Rear of bus body shall be marked with strips of reflective NSBY material to outline the perimeter of the back of the bus using material which conforms with the requirements of FMVSS 571.131 Table 1. The perimeter marking of rear emergency exits per FMVSS 217 and the use of reflective “SCHOOL BUS” signs partially accomplish the objective of this requirement. To complete the perimeter marking of the back of the bus, strips of at least 1 3/4 inch reflective NSBY material shall be applied horizontally above the rear windows and above the rear bumper extending from the rear emergency exit perimeter marking outward to the left and right rear corners of the bus; and vertical strips shall be applied at the corners connecting these horizontal strips.
2.32.3 "SCHOOL BUS" signs, if not of lighted design, shall be marked with reflective NSBY material comprising background for lettering of the front and rear "SCHOOL BUS" signs.
2.32.4 Sides of bus body shall be marked with reflective NSBY material at least 1¾ inches in width, extending the length of the bus body and located vertically between the floor line and the beltline.
2.33 Rub Rails
2.33.1 There shall be one rub rail located on each side of bus approximately at seat level which shall extend from rear side of entrance door completely around bus body (except emergency door or any maintenance access door) to point of curvature near outside cowl on left side.
2.33.2 There shall be one rub rail located approximately at floor line which shall cover the same longitudinal area as upper rub rail, except at wheelhousing, and shall extend only to radii of right and left rear corners.
2.33.3 Both rub rails shall be attached at each body post and all other upright structural members.
2.33.4 Both rub rails shall be 4 inches or more in width in their finished form, shall be of 16 gauge steel or suitable material of equivalent strength, and shall be constructed in corrugated or ribbed fashion.
2.33.5 Both rub rails shall be applied outside body or outside body posts. Pressed in or snap on rub rails do not satisfy this requirement. For Type A-II vehicles using chassis manufacturer's body, or for Types A-I, B, C and D buses using rear luggage or rear engine compartment, rub rails need not extend around rear corners.
2.33.6 There shall be a rub rail or equivalent bracing located horizontally at the bottom edge of the body side skirts.
2.34 Seat Belt for Driver: A Type 2 lap belt shoulder harness seat belt shall be provided for the driver. The assembly shall be equipped with an emergency locking retractor (ELR) for the continuous belt system. On all buses except Type A equipped with standard chassis manufacturer's driver's seat, the lap portion of the belt shall be guided or anchored to prevent the driver from sliding sideways under it. The lap belt and shoulder harness shall be designed to allow for easy adjustment in order to fit properly and effectively protect drivers varying from 5th percentile female to 95th percentile male.
2.35 Seat and Crash Barriers
2.35.1 All seats shall have a minimum depth of 15 inches. All seat backs shall be a minimum of 24 inches high and a minimum 20 inches from seating reference point. There shall be a minimum of 8 inches clearance between the last seat and the rear of the bus.
2.35.2 In determining seating capacity of bus, allowable average rump width shall be:
2.35.2.1 13 inches where 3-3 seating plan is used.
2.35.2.2 15 inches where 3-2 seating plan is used.
2.35.3 All restraining barriers and passenger seats shall be constructed with materials that enable them to meet the criteria contained in the School Bus Seats Upholstery Fire Block Test (See Appendix B of the 1995 National Standards).
2.35.4 Each seat leg shall be secured to the floor by a minimum of 2 bolts, washers, and nuts. Flange head nuts may be used in lieu of nuts and washers, or seats may be track mounted in conformance with FMVSS 222. If track seating is installed, the manufacturer shall supply minimum and maximum seat spacing dimensions applicable to the bus, which comply with FMVSS 222. This information shall be on a label permanently affixed to the bus.
2.35.5 All seat frames attached to the seat rail shall be fastened with 2 bolts, washers and nuts or flange headed nuts.
2.35.6 Type A-II school bus bodies shall be equipped with restraining barriers conforming to FMVSS 222.
2.36 Steps
2.36.1 First step at service door shall be not less than 10 inches and not more than 14 inches from the ground when measured from top surface of the step to the ground, based on standard chassis specifications, except that on Type D vehicles, the first step at the service door shall be 12 inches to 16 inches from the ground.
2.36.2 Step risers shall not exceed a height of 10 inches. When plywood is used on a steel floor or step, the riser height may be increased by the thickness of the plywood.
2.36.3 Steps shall be enclosed to prevent accumulation of ice and snow.
2.36.4 Steps shall not protrude beyond the side body line.
2.36.5 A suitable device (or devices) shall be designed and installed to prevent injury or fatality to passengers from being dragged. At least one such device shall assist passengers during entry or egress and be of such design to eliminate entanglement.
2.37 Step Treads
2.37.1 All steps, including floor line platform area, shall be covered with 3/16 inch rubber floor covering or other materials equal in wear and abrasion resistance to top grade rubber.
2.37.2 Metal back of tread, minimum 24 gauge cold roll steel, shall be permanently bonded to ribbed rubber; grooved design shall be such that said grooves run at 90 degree angles to long dimension of step tread.
2.37.3 3/16 inch ribbed step tread shall have a 1½ inches white nosing as an integral piece without any joint.
2.37.4 Rubber portion of step treads shall have the following characteristics:
2.37.4.1 Special compounding for good abrasion resistance and high coefficient of friction.
2.37.4.2 Flexibility so that it can be bent around a ½ inch mandrel both at 130 degrees Fahrenheit and 20 degrees Fahrenheit without breaking, cracking, or crazing.
2.37.4.3 Show a durometer hardness 85 to 95.
2.38 Stirrup Steps: There shall be at least one folding stirrup step or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning the windshield and lamps except when the windshield and lamps are easily accessible from the ground. Steps are permitted in or on the front bumper, in lieu of the stirrup steps, if the windshield and lamps are easily accessible for cleaning from that position.
2.39 Stop Signal Arm: The stop signal arm(s) shall comply with the requirements of FMVSS 131.
2.40 Storage Compartment: A storage container for tools, tire chains, and tow chains may be located either inside or outside the passenger compartment but, if inside, it shall have a cover (seat cushion may not serve this purpose) capable of being securely latched and fastened to the floor, convenient to either the service or emergency door.
2.41 Strobe Light
2.41.1 A white flashing strobe light shall be installed on the roof of all school buses manufactured after January 1, 2001. It shall be located from 4 to 6 feet from the rear of the roof edge (except air conditioned buses with roof top evaporators), within 1 foot of centerline, and behind all other roof equipment. The strobe shall extend above the roof between 4 ½ to 6 3/4 inches, and the light shall be 12 to 16 joules with a clear lens emitting light 360 degrees around its vertical axis.
2.41.2 The light shall be wired to activate when the amber alternately flashing signal lamps are activated, continuing through the full loading or unloading cycle, with an override switch to allow activation of the strobe light during inclement weather.
2.41.3 A pilot light shall be included to indicate when the light is in operation.
2.42 Sun Shield
2.42.1 Interior adjustable transparent sun shield not less than 6 inches x 30 inches for Types B, C, and D vehicles, with a finished edge, shall be installed in a position convenient for use by driver.
2.42.2 On all Type A buses the sun shield shall be manufacturer's standard.
2.43 Traction Assisting Devices
2.43.1 If traction assisting devices are used, sanders shall:
2.43.1.1 Be of hopper cartridge valve type.
2.43.1.2 Have metal hopper with all interior surfaces treated to prevent condensation of moisture.
2.43.1.3 Be of at least 100 pound (grit) capacity.
2.43.1.4 Have cover on filler opening of hopper, which screws into place, sealing unit airtight.
2.43.1.5 Have discharge tubes extending to front of each rear wheel under fender.
2.43.1.6 Have no clogging discharge tubes with slush proof, nonfreezing rubber nozzles.
2.43.1.7 Be operated by an electric switch with telltale pilot light mounted on the instrument panel.
2.43.1.8 Be exclusively driver controlled.
2.43.1.9 Have gauge to indicate that hopper needs refilling when it is down to 1/4 full.
2.43.2 Automatic traction chains may be installed.
2.44 Undercoating
2.44.1 Entire underside of bus body, including floor sections, cross member and below floor line side panels, shall be coated with rust proofing compound for which compound manufacturer has issued notarized certification of compliance to the bus body builder that compound meets or exceeds all performance and qualitative requirements of paragraph 3.4 of Federal Specification TT-C-520b using modified test procedures* for following requirements:
2.44.1.1 Salt spray resistance pass test modified to 5 percent salt and 1000 hours.
2.44.1.2 Abrasion resistance pass.
2.44.1.3 Fire resistance pass.
*Test panels to be prepared in accordance with paragraph 4.6.12 of TT-C-520b with modified procedure requiring that test be made on a 48 hour air cured film at thickness recommended by compound manufacturer.
2.44.2 Undercoating compound shall be applied with suitable airless or conventional spray equipment to recommended film thickness and shall show no evidence of voids in cured film.
2.45 Ventilation
2.45.1 Auxiliary fans shall meet the following requirements:
2.45.1.1 Fans for left and right sides shall be placed in a location where they can be adjusted for maximum effectiveness and do not obstruct vision to any mirror, the roadway, or students outside the bus. Note: All Type A buses may be equipped with one fan.
2.45.1.2 Fans shall be a nominal 6 inches diameter.
2.45.1.3 Fan blades shall be covered with a protective cage. Each fan shall be controlled by a separate switch.
2.45.2 Body shall be equipped with a suitably controlled ventilating system of sufficient capacity to maintain proper quantity of air under operating conditions, without having to open windows except in extremely warm weather.
2.45.3 Static type non-closeable exhaust ventilation shall be installed in low pressure area of roof.
2.45.4 Roof hatches designed to provide ventilation, regardless of the exterior weather conditions, may be provided.
2.46 Wheelhousing
2.46.1 The wheelhousing opening shall allow for easy tire removal and service.
2.46.2 The wheelhousing shall be attached to floor sheets in such a manner as to prevent any dust, water or fumes from entering the body. Wheelhousing shall be constructed of at least 16 gauge steel.
2.46.3 The inside height of the wheelhousing above the floor line shall not exceed 12 inches.
2.46.4 The wheelhousing shall provide clearance for installation and use of tire chains on single and dual (if so equipped) power driving wheels.
2.46.5 No part of a raised wheelhousing shall extend into the emergency door opening.
2.47 Windows
2.47.1 Each full side window, other than emergency exits designated to comply with FMVSS 217, shall provide an unobstructed emergency opening of at least 9 inches but not more than 13 inches high and 22 inches wide, obtained by lowering window. One side window on each side of the bus may be less than 22 inches wide.
2.47.2 Optional tinted or frost free glazing may be installed in all doors, windows, and windshields consistent with federal, state, and local regulations.
2.48 Windshield Washers: A windshield washer system shall be provided.
2.49 Windshield Wipers
2.49.1 A windshield wiping system, two speed or variable speed, with an intermittent feature, shall be provided.
2.49.2 The wipers shall be operated by one or more air or electric motors of sufficient power to operate wipers. If one motor is used, the wipers shall work in tandem to give full sweep of windshield.
2.50 Wiring
2.50.1 All wiring shall conform to current SAE standards.
2.50.2 Circuits:
2.50.2.1 Wiring shall be arranged in circuits, as required, with each circuit protected by a fuse or circuit breaker. A system of color and number coding shall be used and an appropriate identifying diagram shall be provided to the end user along with the wiring diagram provided by the chassis manufacturer. The wiring diagrams shall be specific to the bus model supplied and include any changes to wiring made by the body manufacturer. Chassis wiring diagrams shall also be supplied to the end user. A system of color and number coding shall be used on buses. The following body interconnecting circuits shall be color coded as noted:
2.50.2.2 Wiring shall be arranged in at least six regular circuits as follows:
2.50.2.2.1 Head, tail, stop (brake) and instrument panel lamps.
2.50.2.2.2 Clearance and stepwell lamps (stepwell lamp shall be actuated when service door is opened).
2.50.2.2.3 Dome lamp.
2.50.2.2.4 Ignition and emergency door signal.
2.50.2.2.5 Turn signal lamps.
2.50.2.2.6 Alternately flashing signal lamps.
2.50.2.3 Any of the above combination circuits may be subdivided into additional independent circuits.
2.50.2.4 Whenever heaters and defrosters are used, at least one additional circuit shall be installed.
2.50.2.5 Whenever possible, all other electrical functions (such as sanders and electric type windshield wipers) shall be provided with independent and properly protected circuits.
2.50.2.6 Each body circuit shall be coded by number or letter on a diagram of circuits and shall be attached to the body in a readily accessible location.
2.50.3 The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted.
2.50.4 All wiring shall have an amperage capacity exceeding the design load by at least 25 percent. All wiring splices are to be done at an accessible location and noted as splices on wiring diagram.
2.50.5 A body wiring diagram, of a size which can be easily read, shall be furnished with each bus body or affixed in an area convenient to the electrical accessory control panel.
2.50.6 The body power wire shall be attached to a special terminal on the chassis.
2.50.7 All wires passing through metal openings shall be protected by a grommet.
2.50.8 Wires not enclosed within body shall be fastened securely at intervals of not more than 18 inches. All joints shall be soldered or joined by equally effective connectors, which shall be water resistant and corrosion resistant.
**History**
- *25 DE Reg. 1136 (06/01/22)*
- *4 DE Reg. 995 (12/01/00)*
- *11 DE Reg. 1229 (03/01/08)*
- *25 DE Reg. 1136 (06/01/22)*
- *1 DE Reg. 473 (11/01/97)*
- *7 DE Reg. 1545 (05/01/04)*
- *16 DE Reg. 415 (10/01/12)*
- *25 DE Reg. 1136 (06/01/22)*
##### **14 Del. Admin. Code § 1101-3.0** Standards for Specially Equipped School Buses {#sec-1101-3.0 omnilex-key=us-de-regs-official--title-14--1101-3.0}
3.1 General Requirements
3.1.1 School buses designed for transporting students with special transportation needs shall comply with the 1995 National Standards and with Federal Motor Vehicle Safety Standards applicable to their GVWR category.
3.1.2 Any school bus to be used for the transportation of children who are confined to a wheelchair or other mobile positioning device, or who require life support equipment which prohibits use of the regular service entrance, shall be equipped with a power lift, unless a ramp is needed for unusual circumstances related to passenger needs.
3.2 Aisles: All school buses equipped with a power lift shall provide a 30 inch aisle leading from any wheelchair or mobility aid position to at least one emergency door and the lift area.
3.3 Glazing: Tinted glazing may be installed in all doors, windows, and windshields consistent with federal, state, and local regulations.
3.4 Identification: Buses with power lifts used for transporting individuals with disabilities shall display below the window line the International Symbol of Accessibility. Such emblems shall be white on blue background, shall not exceed 12 inches in size, and shall be of a high intensity reflectorized material meeting U.S. Department of Transportation’s Federal Highway Administration (FHWA) FP-85 Standards.
3.5 Passenger Capacity Rating: The passenger capacity of a school bus is defined as the maximum standard seating capacity of that bus.
3.6 Power Lifts and Ramps
3.6.1 Power lift shall be located on the right side of the bus body when not extended.
3.6.1.1 A ramp device may be used in lieu of a mechanical lift if the ramp meets all the requirements of the Americans with Disability Act (ADA) as found in 36 CFR §1192.23 Vehicle ramp. (See Appendix D, 1995 National Standards).
3.6.1.2 A ramp device which does not meet the specifications of ADA but does meet the specifications of subsection 3.6.1.1 may be installed and used only when a power lift system is not adequate to load and unload students having special and unique needs. A readily accessible ramp may also be installed for emergency exit use. If stowed in the passenger compartment, the ramp must be properly secured and located away from general passenger contact. It must not obstruct or restrict any aisle or exit while in its stowed or deployed position.
3.6.1.3 All vehicles covered by this specification shall provide a level change mechanism or boarding device (e.g., lift or ramp) and sufficient clearances to permit a wheelchair or other mobility aid user to reach a securement location.
3.6.2 Vehicle lift
3.6.2.1 Design load. The design load of the lift shall be at least 600 pounds. Working parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon which the lift depends for support of the load, shall have a safety factor of at least 6, based on the ultimate strength of the material. Nonworking parts, such as platform, frame, and attachment hardware which would not be expected to wear, shall have a safety factor of at least 3, based on the ultimate strength of the material.
Lift capacity. The lifting mechanism and platform shall be able to lift a minimum 800 pounds.
3.6.2.2 Controls: Controls shall be provided that enable the operator to activate the lift mechanism from either inside or outside the bus. The controls should be interlocked with the vehicle brakes, transmission, or door, or shall provide other appropriate mechanisms or systems to ensure the vehicle cannot be moved when the lift is not stowed and so the lift cannot be deployed unless the interlocks or systems are engaged. The lift shall deploy to all levels (i.e., ground, curb, and intermediate positions) normally encountered in the operating environment. Where provided, each control for deploying, lowering, raising, and stowing the lift and lowering the roll off barrier shall be of a momentary contact type requiring continuous manual pressure by the operator and shall not allow improper lift sequencing when the lift platform is occupied. The controls shall allow reversal of the lift operation sequence, such as raising or lowering a platform that is part way down, without allowing an occupied platform to fold or retract into the stowed position.
3.6.2.2.1 Exception: Where the lift is designed to deploy with its long dimension parallel to the vehicle axis and which pivots into or out of the vehicle while occupied (i.e., "rotary lift"), the requirements of subsection 3.6.2.2 prohibiting the lift from being stowed while occupied shall not apply if the stowed position is within the passenger compartment and the lift is intended to be stowed while occupied.
3.6.2.3 Emergency operation: The lift shall incorporate an emergency method of deploying, lowering to ground level with a lift occupant, and raising and stowing the empty lift if the power to the lift fails. No emergency method, manual or otherwise, shall be capable of being operated in a manner that could be hazardous to the lift occupant or to the operator when operated according to manufacturer's instructions, and shall not permit the platform to be stowed or folded when occupied, unless the lift is a rotary lift and is intended to be stowed while occupied. No manual emergency operation shall require more than 2 minutes to lower an occupied wheelchair to ground level.
3.6.2.4 Power or equipment failure: Platforms stowed in a vertical position, and deployed platforms when occupied, shall have provisions to prevent their deploying, falling, or folding any faster than 12 inches per second or their dropping of an occupant in the event of a single failure of any load carrying component.
3.6.2.5 Platform barriers: The lift platform shall be equipped with barriers to prevent any of the wheels of a wheelchair or mobility aid from rolling off the platform during its operation. A movable barrier or inherent design feature shall prevent a wheelchair or mobility aid from rolling off the edge closest to the vehicle until the platform is in its fully raised position. Each side of the lift platform which extends beyond the vehicle in its raised position shall have a barrier a minimum 1 ½ inch high. Such barriers shall not interfere with maneuvering into or out of the aisle. The loading edge barrier (outer barrier), which functions as a loading ramp when the lift is at ground level, shall be sufficient when raised or closed, or a supplementary system shall be provided, to prevent a power wheelchair or mobility aid from riding over or defeating it. The outer barrier of the lift shall automatically raise or close, or a supplementary system shall automatically engage, and remain raised, closed, or engaged at all times that the platform is more than 3 inches above the roadway or sidewalk and the platform is occupied. Alternatively, a barrier or system may be raised, lowered, opened, closed, engaged, or disengaged by the lift operator, provided an interlock or inherent design feature prevents the lift from rising unless the barrier is raised or closed or the supplementary system is engaged.
3.6.2.6 Platform surface: The platform surface shall be free of any protrusions over ¼ inch high and shall be slip resistant. The platform shall have a minimum clear width of 32 inches from the platform to 30 inches above it, and a minimum clear length of 48 inches measured from 2 inches above the surface of the platform to 30 inches above the surface of the platform.
3.6.2.7 Platform gaps: Any openings between the platform surface and the raised barriers shall not exceed 5/8 inch in width. When the platform is at vehicle floor height with the inner barrier (if applicable) down or retracted, gaps between the forward lift platform edge and the vehicle floor shall not exceed ½ inch horizontally and 5/8 inch vertically. Platforms on semiautomatic lifts may have a hand hold not exceeding 1 ½ inches by 4 ½ inches located between the edge barriers.
3.6.2.8 Platform entrance ramp: The outboard entrance ramp or loading edge barrier used as a ramp and the transition plate from the inboard edge of the platform to the vehicle floor shall not exceed a slope of 1:8, measured on level ground, for a maximum rise of 3 inches, and the transition from roadway or sidewalk to ramp may be vertical without edge treatment up to 1/4 inch. Thresholds between 1/4 inch and 1/2 inch high shall be beveled with a slope no greater than 1:2.
3.6.2.9 Platform deflection: The lift platform (not including the entrance ramp) shall not deflect more than 3 degrees (exclusive of vehicle roll or pitch) in any direction between its unloaded position and its position when loaded with 600 pounds applied through a 26 inches by 26 inches test pallet at the centroid of the platform.
3.6.2.10 Platform movement: No part of the platform shall move at a rate exceeding 6 inches per second during lowering and lifting an occupant and shall not exceed 12 inches per second during deploying or stowing. This requirement does not apply to the deployment or stowage cycles of lifts that are manually deployed or stowed. The maximum platform horizontal and vertical acceleration when occupied shall be 0.3 g.
3.6.2.11 Boarding direction: The lift shall permit both inboard and outboard facing of wheelchair and mobility aid users.
3.6.2.12 Use by standees: Lifts shall accommodate persons using walkers, crutches, canes or braces, or who otherwise have difficulty using steps. The platform may be marked to indicate a preferred standing position.
3.6.2.13 Handrails: Platforms on lifts shall be equipped with handrails on two sides, which move in tandem with the lift, and which shall be graspable and provide support to standees throughout the entire lift operation. Handrails shall have a usable component at least 8 inches long with the lowest portion a minimum 30 inches above the platform and the highest portion a maximum 38 inches above the platform. The handrails shall be capable of withstanding a force of 100 pounds concentrated at any point on the handrail without permanent deformation of the rail or its supporting structure. The handrail shall have a cross sectional diameter between 1¼ inches and 1½ inches or shall provide an equivalent grasping surface and have eased edges with corner radii of not less than 1/8 inch. Handrails shall be placed to provide a minimum 1½ inch knuckle clearance from the nearest adjacent surface. Handrails shall not interfere with wheelchair or mobility aid maneuverability when entering or leaving the vehicle.
3.6.2.14 Circuit breaker: A resetable circuit breaker shall be installed between power source and lift motor if electrical power is used. It shall be located as close to the power source as possible, but not within the passenger and driver compartment.
3.6.2.15 Excessive pressure: Lift design shall prevent excessive pressure that could damage the lift system when the platform is fully lowered or raised, or that could jack the vehicle.
3.6.2.16 Documentation: The following information shall be provided with each vehicle equipped with a lift:
3.6.2.16.1 A phone number where information can be obtained about installation, repair, and parts. (Detailed written instructions and a parts list shall be available upon request.)
3.6.2.16.2 Detailed instructions regarding use of the lift and readily visible when the lift door is open, including a diagram showing the proper placement and positioning of wheelchair or mobility aids on lift.
3.6.2.17 Training materials: The lift manufacturer shall make available training materials to ensure the proper use and maintenance of the lift. These may include instructional videos, classroom curriculum, system test results, or other related materials.
3.6.2.18 Identification and certification: Each lift shall be permanently and legibly marked or incorporate a nonremovable label or tag which states that it conforms to all applicable requirements of the current National Standards for School Buses. In addition, the lift manufacturer, or an authorized representative, upon request of the original titled purchaser, shall provide a notarized Certificate of Conformance, either original or photocopied, which states that the lift system meets all the applicable requirements of the 1995 National Standards.
3.6.3 Vehicle ramp
3.6.3.1 If a ramp is used, it shall be of sufficient strength and rigidity to support the special device, occupant, and attendants. It shall be equipped with a protective flange on each longitudinal side to keep special device on the ramp.
3.6.3.2 Floor of ramp shall be constructed of nonskid material.
3.6.3.3 Ramp shall be equipped with handles and be of weight and design to permit one person to put ramp in place and return it to its storage place.
3.6.3.4 Ramps installed in raised floor buses by manufacturers may be used for emergency evacuation purposes. They shall not be used as a substitute for a lift when a lift is capable of servicing the need.
3.7 Regular Service Entrance
3.7.1 On power lift equipped vehicles, step shall be the full width of the stepwell, excluding the thickness of doors in open position.
3.7.2 A suitable device at the front and rear of the step well shall be provided to assist passengers during entry or egress. This device shall allow for easy grasping or holding and shall have no openings or pinch points which might entangle clothing, accessories or limbs.
3.8 Restraining Devices
3.8.1 On power lift equipped vehicles, seat frames may be equipped with attachments or devices to which belts, restraining harnesses or other devices may be attached. Attachment framework or anchorage devices, if installed, shall conform to FMVSS 210.
3.8.2 Seat belt assemblies, if installed, shall conform to FMVSS 209.
3.8.3 Child restraint systems, which are used to facilitate the transportation of children who in other modes of transportation would be required to use a child, infant, or booster seat, shall conform to FMVSS 213 and 222.
3.9 Seating Arrangements: Flexibility in seat spacing to accommodate special devices shall be permitted to meet passenger requirements. All seating shall be forward facing.
3.10 Securement and Restraint System for Wheelchair or Mobility Aid and Occupant: For purposes of better understanding the various aspects and components of this section, the term "securement" or phrase "securement system" is used exclusively in reference to the devices which secure the wheelchair or mobility aid. The term "restraint" or phrase "restraint system" is used exclusively in reference to the devices used to restrain the occupant of the wheelchair or mobility aid. The phrase "securement and restraint system" is used to refer to the total system which secures and restrains both the wheelchair or mobility aid and the occupant.
3.10.1 Securement and restraint system, general
3.10.1.1 The Wheelchair or Mobility Aid Securement and Occupant Restraint System shall be designed, installed, and operated to accommodate passengers in a forward facing orientation within the bus and shall comply with all applicable requirements of FMVSS 222. Gurney type devices shall be secured parallel to the side of each bus.
3.10.1.2 The securement and restraint system, including the system track, floor plates, pockets, or other anchorages shall be provided by the same manufacturer, or be certified to be compatible by manufacturers of all equipment or systems used.
3.10.1.3 When a wheelchair or mobility aid securement device and an occupant restraint share a common anchorage, including occupant restraint designs that attach the occupant restraint to the securement device or the wheelchair or mobility aid, the anchorage shall be capable of withstanding the loads of both the securement device and occupant restraint applied simultaneously, in accordance with FMVSS 222.
3.10.1.4 When a wheelchair or mobility aid securement device (webbing or strap assembly) is shared with an occupant restraint, the wheelchair or mobility aid securement device (webbing or strap assembly) shall be capable of withstanding a force twice the amount as specified in Section 4.4(a) of FMVSS 209.
3.10.1.5 The bus body floor and sidewall structures where the securement and restraint system anchorages are attached shall have equal or greater strength than the load requirements of the systems being installed.
3.10.1.6 The occupant restraint system shall be designed to be attached to the bus body either directly or in combination with the wheelchair or mobility aid securement system, by a method which prohibits the transfer of weight or force from the wheelchair or mobility aid to the occupant in the event of an impact.
3.10.1.7 When an occupied wheelchair or mobility aid is secured in accordance with the manufacturer's instructions, the securement and restraint system shall limit the movement of the occupied wheelchair or mobility aid to no more than 2 inches in any direction under normal driving conditions.
3.10.1.8 The securement and restraint system shall incorporate an identification scheme which will allow for the easy identification of the various components and their functions. It shall consist of one of the following, or combination thereof:
3.10.1.8.1 The wheelchair or mobility aid securement (webbing or strap assemblies) and the occupant restraint belt assemblies shall be of contrasting color or color shade.
3.10.1.8.2 The wheelchair or mobility aid securement device (webbing or strap assemblies) and occupant restraint belt assemblies shall be clearly marked to indicate the proper wheelchair orientation in the vehicle, and the name and location for each device or belt assembly, i.e., front, rear, lap belt, shoulder belt, etc.
3.10.1.9 All attachment or coupling devices designed to be connected or disconnected frequently shall be accessible and operable without the use of tools or other mechanical assistance.
3.10.1.10 All securement and restraint system hardware and components shall be free of sharp or jagged areas and shall be of a noncorrosive material or treated to resist corrosion in accordance with Section 4.3(a) of FMVSS 209.
3.10.1.11 The securement and restraint system shall be located and installed such that when an occupied wheelchair or mobility aid is secured, it does not block access to the lift door.
3.10.1.12 A device for storage of the securement and restraint system shall be provided. When the system is not in use, the storage device shall allow for clean storage of the system, shall keep the system securely contained within the passenger compartment, shall provide reasonable protection from vandalism, and shall enable the system to be readily accessed for use.
3.10.1.13 The entire securement and restraint system, including the storage device, shall meet the flammability standards established in FMVSS 302.
3.10.1.14 Each securement device (webbing or strap assembly) and restraint belt assembly shall be permanently and legibly marked or incorporate a nonremovable label or tag which states that it conforms to all applicable FMVSS requirements, as well as, the 1995 National Standards. In addition, the system manufacturer, or an authorized representative, upon request by the original titled purchaser, shall provide a notarized Certificate of Conformance, either original or photocopied, which states that the wheelchair or mobility aid securement and occupant restraint system meets all of the requirements as specified in FMVSS 222 and the 1995 National Standards.
3.10.1.15 The following information shall be provided with each vehicle equipped with a securement and restraint system:
3.10.1.15.1 A phone number where information can be obtained about installation, repair, and parts. (Detailed written instructions and a parts list shall be available upon request).
3.10.1.15.2 Detailed instructions regarding use, including a diagram showing the proper placement of the wheelchair or mobility aids and positioning of securement devices and occupant restraints, including correct belt angles.
3.10.1.16 The system manufacturer shall make available training materials to ensure the proper use and maintenance of the wheelchair or mobility aid securement and occupant restraint system. These may include instructional videos, classroom curriculum, system test results, or other related materials.
3.10.2 Wheelchair or mobility aid securement system
3.10.2.1 Each securement system location shall consist of a minimum of four anchorage points. A minimum of two anchorage points shall be located in front of the wheelchair or mobility aid and a minimum of two anchorage points shall be located in the rear. The securement anchorages shall be attached to the floor of the vehicle and shall not interfere with passenger movement or present any hazardous condition.
3.10.2.2 Each securement system location shall have a minimum clear floor area of 30 inches by 48 inches. Additional floor area may be required for some applications. Consultation between the user and the manufacturer is recommended to ensure adequate area is provided.
3.10.2.3 The securement system shall secure common wheelchair or mobility aids and shall be able to be attached easily by a person having average dexterity and who is familiar with the system and wheelchair or mobility aid.
3.10.2.4 As installed, each securement anchorage shall be capable of withstanding a minimum force of 3,000 pounds (13,344 Newtons) when applied as specified in FMVSS 222. When more than one securement device share a common anchorage, the anchorage shall be capable of withstanding the force indicated above, multiplied by the number of securement devices sharing that anchorage.
3.10.2.5 Each securement device, if incorporating webbing or a strap assembly, shall comply with the requirements for Type 1 safety belt systems, in accordance with Sections 4.2, 4.3 and 4.4(a) of FMVSS 209.
3.10.2.6 The securement system shall secure the wheelchair or mobility aid in such a manner that the attachments or coupling hardware will not become detached when any wheelchair or mobility aid component deforms, when one or more tires deflate, and without intentional operation of a release mechanism (e.g., a spring clip on a securement hook).
3.10.2.7 Each securement device (webbing or strap assembly) shall be capable of withstanding a minimum force of 2,500 pounds when tested in accordance with FMVSS 209.
3.10.2.8 Each securement device (webbing or strap assembly) shall provide a means of adjustment, of manufacturer's design, to remove slack from the device or assembly.
3.10.3 Occupant Restraint System
3.10.3.1 A Type 2A occupant restraint system which meets all applicable requirements of FMVSS 209 and 210 shall provide for restraint of the occupant.
3.10.3.2 The occupant restraint system shall be made of materials which do not stain, soil, or tear an occupant's clothing, and which are resistant to water damage and fraying.
3.10.3.3 Each restraint system location shall have not less than one anchorage, of manufacturer's design, for the upper end of the upper torso restraint.
3.10.3.3.1 The anchorage for each occupant's upper torso restraint shall be capable of withstanding a minimum force of 1,500 pounds (6,672 Newtons) when applied as specified in FMVSS 222.
3.10.3.4 Each wheelchair or mobility aid location shall have not less than two floor anchorages for the occupant pelvic and the connected upper torso restraint.
3.10.3.4.1 Each floor anchorage shall be capable of withstanding a minimum force of 3,000 pounds (13,344 Newtons) when applied as specified in FMVSS 222.
3.10.3.4.2 When more than one occupant restraint share a common anchorage, the anchorage shall be capable of withstanding a minimum force of 3,000 pounds (13,344 Newtons) multiplied by the number of occupant restraints sharing the common anchorage in accordance with FMVSS 222.
3.10.3.5 Each floor and wall anchorage which secures the occupant restraint to the vehicle and which is not permanently attached, shall be of a "positive latch" design, and shall not allow for any accidental disconnection.
3.10.4 Dynamic Testing
3.10.4.1 The wheelchair or mobility aid securement and occupant restraint system shall be subjected to, and successfully pass, a dynamic sled test at a minimum impact speed and deceleration of 30 mph/20g's.
3.10.4.2 The dynamic test shall be performed by experienced personnel using an impact simulator with proven ability to provide reliable, accurate, and test results which can be replicated.
3.10.4.3 The dynamic test shall be performed in accordance with the procedures set forth in Appendix A of SAE J2249 "Test for Frontal Impact Crash Worthiness."
3.10.4.4 The wheelchair or mobility aid used for testing purposes shall be a rigid, reusable surrogate wheelchair that complies with the requirements of Appendix D of SAE J2249 "Specification for Surrogate Wheelchair."
3.10.4.5 The dynamic test shall be performed using system assemblies, components and attaching hardware which are identical to the final installation in type, configuration and positioning. The body structure at the anchorage points may be simulated for the purpose of the sled test.
3.10.4.6 When tested, the wheelchair or mobility aid securement and occupant restraint system shall pass the criteria specified in Section 6.2 of SAE J2249 "Performance Requirements of Frontal Sled Impact Test." Following is an abridged summary of the criteria. (See Appendix D, 1995 National Standards)
3.10.4.6.1 Retain the test dummy in the test wheelchair and on the test sled with the test wheelchair in an upright position.
3.10.4.6.2 Not show any fragmentation or complete separation of any load carrying part.
3.10.4.6.3 Not allow the horizontal excursions of the test dummy and the test wheelchair to exceed specified limits.
3.10.4.6.4 Prevent the test wheelchair from imposing forward loads on the test dummy.
3.10.4.6.5 Allow removal of the test dummy and the test wheelchair, subsequent to the test, without the use of tools.
3.11 Special Light: Doorways in which lifts are installed, shall have, when lift is to be used, at least 2 foot candles of illumination measured on the floor of the bus immediately adjacent to the lift, and on the lift, when deployed at the vehicle floor level.
3.12 Special Service Entrance
3.12.1 Power lift equipped bodies shall have a special service entrance to accommodate the power lift.
Exception: If the lift is designed to operate within the regular service entrance and is capable of stowing such that the regular service entrance is not blocked in any way, and that persons entering or exiting the bus are not impeded in any way, a special service entrance shall not be required.
3.12.2 The special service entrance and door shall be located on the right side of the bus and shall be designed so as not to obstruct the regular service entrance.
3.12.3 The opening may extend below the floor through the bottom of the body skirt. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings.
3.12.4 A drip molding shall be installed above the opening to effectively divert water from entrance.
3.12.5 Door posts and headers from entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for special service entrance.
3.13 Special Service Entrance Doors
3.13.1 A single door or double doors may be used for the special service entrance. They shall have rub rails.
3.13.2 A single door shall be hinged to the forward side of the entrance unless doing so would obstruct the regular service entrance. If, due to the above condition, the door is hinged to the rearward side of the doorway, the door shall utilize a safety mechanism which will prevent the door from swinging open should the primary door latch fail. If double doors are used, the system shall be designed to prevent the doors from being blown open by the wind resistance created by the forward motion of the bus, and shall incorporate a safety mechanism to provide secondary protection should the primary latching mechanisms fail.
3.13.3 All doors shall have positive fastening devices to hold doors in the open position.
3.13.4 All doors shall be weather sealed.
3.13.5 When manually operated dual doors are provided, the rear door shall have at least a 1 point fastening device to the header. The forward mounted door shall have at least 3 point fastening devices. One shall be to the header, one to the floor line of the body, and the other shall be into the rear door. The door and hinge mechanism shall be of a strength that is greater than or equivalent to the emergency exit door.
3.13.6 Door materials, panels and structural strength shall be equivalent to the conventional service and emergency doors. Color, rub rail extensions, lettering and other exterior features shall match adjacent sections of the body.
3.13.7 Each door shall have windows set in rubber which are visually similar in size and location to adjacent non-door windows. Glazing shall be of same type and tinting (if applicable) as standard fixed glass in other body locations.
3.13.8 Doors shall be equipped with a device that will actuate an audible or flashing signal located in the driver's compartment when doors is not securely closed and ignition is in "on" position.
3.13.9 A switch shall be installed so that the lifting mechanism will not operate when the lift platform doors is closed.
3.13.10 Special service entrance doors shall be equipped with padding at the top edge of the door opening. Padding shall be at least 3 inches wide and 1 inch thick and extend the full width of the door opening.
**History**
- *25 DE Reg. 1136 (06/01/22)*
- *4 DE Reg. 995 (12/01/00)*
- *11 DE Reg. 1229 (03/01/08)*
- *25 DE Reg. 1136 (06/01/22)*
- *1 DE Reg. 473 (11/01/97)*
- *7 DE Reg. 1545 (05/01/04)*
- *16 DE Reg. 415 (10/01/12)*
- *25 DE Reg. 1136 (06/01/22)*
### **1102** Standards for School Bus Chassis and Bodies Placed in Production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 (Terminology and School Bus Types are those described in the National School Transportation Specifications and Procedures (NSTSP), May 2000
##### **14 Del. Admin. Code § 1102** Standards for School Bus Chassis and Bodies Placed in Production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 (Terminology and School Bus Types are those described in the National School Transportation Specifications and Procedures (NSTSP), May 2000 {#sec-1102 omnilex-key=us-de-regs-official--title-14--1102}
Transportation
1102 Standards for School Bus Chassis and Bodies Placed in Production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 (Terminology and School Bus Types are those described in the National School Transportation Specifications and Procedures (NSTSP), May 2000
1.0 Bus Chassis Standards
1.1 Air Cleaner
1.1.1 A dry element type air cleaner shall be provided.
1.1.2 All diesel engine air filters shall include a latch type restriction indicator that retains the maximum restriction developed during operation of the engine. The indicator should include a reset control so the indicator can be returned to zero when desired.
1.2 Axles: The front and rear axle and suspension systems shall have a Gross Axle Weight Rating (GVWR) at ground commensurate with the respective front and rear weight loads that will be imposed by the bus.
1.2.1 For bus chassis and bodies produced after March 1, 2003, all buses with a capacity of 66 passengers or greater shall have a 9,000 pound front axle minimum.
1.3 Brakes, General
1.3.1 The chassis brake system shall conform to the provisions of Federal Motor Vehicle Safety Standards (FMVSS) 105, 106 and 121 as applicable.
1.3.2 The anti lock brake system (ABS), provided in accordance with FMVSS 105 and 121, shall provide wheel speed sensors for each front wheel and for each wheel on at least one rear axle. The system shall provide anti lock braking performance for each wheel equipped with sensors. (Four Channel System).
1.3.3 All brake systems shall be designed to permit visual inspection of brake lining wear without removal of any chassis component(s).
1.3.4 The brake lines, booster assist lines, and control cables shall be protected from excessive heat, vibration, and corrosion and installed in a manner which prevents chafing.
1.3.5 The parking brake system for either air or hydraulic service brake systems may be of a power assisted design. The power parking brake actuator should be a push pull device located on the instrument panel within a seated reach of a 5th percentile female driver. As an option, the parking brake may be set by placing the automatic transmission shift control mechanism in the “park” position.
1.3.6 The power operated parking brake system may be interlocked to the engine key switch. Once the parking brake has been set and the ignition switch turned to the “off” position, the parking brake cannot be released until the key switch is turned back to the “on” position.
1.4 Brakes, Hydraulic: Buses using a hydraulic assist brake shall be equipped with audible and visible warning signals that provide a continuous warning to the driver of a loss of fluid flow from the primary source and of a failure of the back up pump system.
1.5 Brakes, Air
1.5.1 The air pressure supply system shall include a desiccant type air dryer installed according to the manufacturers’ recommendations. The air pressure storage tank system may incorporate an automatic drain valve.
1.5.2 The chassis manufacturer shall provide an accessory outlet for air operated systems installed by the body manufacturer. This outlet shall include a pressure protection valve.
1.5.3 For air brake systems, an air pressure gauge shall be provided in the instrument panel capable of complying with CDL pre trip inspection requirements.
1.5.4 All air brake equipped buses may be equipped with a service brake interlock. The parking brake cannot be released until the brake pedal is depressed.
1.5.5 Air brake systems may include a system for anti compounding of the service brakes and parking brakes.
1.5.6 Air brakes shall have both a visible and audible warning device whenever the air pressure falls below the level where warnings are required under FMVSS 121.
1.6 Bumper Front
1.6.1 School buses shall be equipped with a heavy duty front bumper. The front bumper shall be furnished by the chassis manufacturer for all school bus types unless there is a specific agreement between the chassis manufacturer and body manufacturer.
1.6.2 The front bumper shall be of pressed steel channel or equivalent material (except Type A buses having a GVWR of 14,500 pounds or less which may be Original Equipment Manufacturer supplied) at least 3/16" thick and not less than 8" wide (high). It shall extend beyond forward most part of the body, grille, hood, and fenders and shall extend to outer edges of the fenders at the bumper's top line.
1.6.3 The front bumper, except breakaway bumper ends, shall be of sufficient strength to permit pushing a vehicle of equal gross vehicle weight without permanent distortion to the bumper, chassis, or body.
1.6.4 The bumper shall be designed or reinforced so that it will not deform when the bus is lifted by a chain that is passed under the bumper (or through the bumper if holes are provided for this purpose) and attached to both tow eyes. For the purpose of meeting this standard, the bus shall be empty and positioned on a level, hard surface and both tow eyes shall share the load equally.
1.7 Certification: The chassis manufacturer, upon request of the Delaware Department of Education, shall certify that its product meets the state’s minimum standards on items not covered by the FMVSS certification requirements of 49 CFR, Part 567.
1.8 Clutch
1.8.1 Clutch torque capacity shall be equal to or greater than the engine torque output.
1.8.2 A starter interlock shall be installed to prevent actuation of the starter if the clutch pedal is not depressed.
1.9 Color
1.9.1 The chassis, including wheels and front bumper, shall be black. Body cowl, hood, and fenders shall be in National School Bus Yellow (NSBY). The flat top surface of the hood may be painted with non reflective NSBY. (See appendix B, 2000 National School Transportation Specifications and Procedures).
1.9.2 Demountable rims, if used, may be, silver, gray or black as received from the wheel manufacturer.
1.9.3 Wheel covers shall not be permitted.
1.9.4 Mud flaps if used shall be completely black.
1.9.4.1 For bus chassis and bodies produced after January 1, 2004, the buses shall be equipped with mud flaps. They shall be black except they may have manufacturer’s logo or name in white or yellow.
1.10 Daytime Running Lamps: Head lamps shall be provided with a switch to automatically operate the lamps when the vehicle is placed in gear or the parking brake is released. If this switch is designed to provide reduced illumination under normal operating conditions, a means whereby the head lamps can be engaged at full power shall be provided.
1.11 Drive Shaft: The drive shaft shall be protected by a metal guard or guards around the circumference of the drive shaft to reduce the possibility of its whipping through the floor or dropping to the ground, if broken.
1.12 Electrical System
1.12.1 Battery
1.12.1.1 The storage batteries shall have minimum cold cranking capacity rating (cold cranking amps) equal to the cranking current required for 30 seconds at 0 degrees Fahrenheit and a minimum reserve capacity rating of 120 minutes at 25 amps. Higher capacities may be required, depending upon optional equipment and local environmental conditions.
1.12.1.2 Since all batteries are to be secured in a sliding tray in the body, chassis manufacturers shall mount the battery temporarily on the chassis frame, except that van conversion or cutaway front section chassis may be secured in accordance with manufacturer's standard configuration. In these cases, the final location of the battery and the appropriate cable lengths shall be agreed upon mutually by the chassis and body manufacturer. However, in all cases the battery cable provided with the chassis shall have sufficient length to allow some slack.
1.12.2 Alternator
1.12.2.1 All Type A-2 buses and Type B buses with a GVWR of 15,000 lbs. or less shall have a minimum 60 ampere alternator
1.12.2.2 Types A-2 and Type B buses over 15,000 lbs. GVWR and all Type C and Type D buses shall be equipped with a heavy duty truck or bus type alternator meeting SAE J 180, having a minimum output rating of 100 amperes or higher which produce a minimum current output of 50 percent of the rating at engine idle speed.
1.12.2.3 Buses equipped with an electrically powered wheelchair lift shall have a minimum 130 ampere alternator
1 12.2.4 A belt alternator drive shall be capable of handling the rated capacity of the alternator with no detrimental effect on any other driven components. (See School Bus Manufacturers Technical Council (SBMTC), “School Bus Technical Reference,” for estimating required alternator capacity.)
1.12.2.5 A direct drive alternator is permissible in lieu of a belt driven alternator.
1.12.3 Wiring
1.12.3.1 All wiring shall conform to current applicable recommended practices of the Society of Automotive Engineers (SAE).
1.12.3.1.1 All wiring shall use color and at least one other method of identification. The other method shall be either a number code or name code, and each chassis shall be delivered with a wiring diagram that illustrates the wiring of the chassis.
1.12.3.1.2 Body accessories shall be wired through the ignition switch and the clearance lights through a separate switch wired through the body controlled electronic control module.
1.12.3.2 The chassis manufacturer shall install a readily accessible terminal strip or plug on the body side of the cowl, or in an accessible location in the engine compartment of vehicles designed without a cowl. The strip or plug shall contain the following terminals for the body connections:
1.12.3.2.1 Main 100 amp body circuit;
1.12.3.2.2 Tail lamps;
1.12.3.2.3 Right turn signal;
1.12.3.2.4 Left turn signal;
1.12.3.2.5 Stop lamps;
1.12.3.2.6 Back up lamps; and
1.12.3.2.7 Instrument panel lights (rheostat controlled by headlamp switch)
1.12.4 Circuits
1.12.4.1 An appropriate identifying diagram (color plus a name or number code) for all chassis electrical circuits shall be provided to the body manufacturer for distribution to the end user.
1.12.4.1.1 The headlight system must be wired separately from the body controlled electronic control module.
1.13 Engine: All engines shall have an engine block heater.
1.14 Engine Fire Extinguisher: The chassis manufacturer may provide an automatic fire extinguisher system in the engine compartment.
1.15 Exhaust System
1.15.1 The exhaust pipe, muffler and tailpipe shall be outside the bus body compartment and attached to the chassis so as not to damage any other chassis component.
1.15.2 The tailpipe shall be constructed of a corrosion resistant tubing material at least equal in strength and durability to 16 gauge steel tubing of equal diameter.
1.15.3 Chassis manufacturers shall furnish an exhaust system with tailpipe of sufficient length to exit the rear of the bus or at the left side of the bus body no more than 18" forward of the front edge of the rear wheel house opening. If designed to exit at the rear of the bus, the tailpipe shall extend at least five inches beyond the end of the chassis frame. If designed to exit to the side of the bus, the tailpipe shall extend at least 48.5 inches (51.5 inches if the body is to be 102 inches wide) outboard from the chassis centerline.
1.15.3.1 On Types C and D vehicles, the tailpipe shall not exit beneath a fuel fill or emergency door exit.
1.15.3.2 Types A and B chassis may be furnished with the manufacturer's standard tailpipe configuration.
1.15.3.3 Chassis manufacturers may furnish a tailpipe that exits through the rear bumper.
1.15.4 The exhaust system on a chassis shall be adequately insulated from the fuel system.
1.15.5 The muffler shall be constructed of corrosion resistant material.
1.15.6 The exhaust system on the chassis may be routed to the left of the right frame rail to allow for the installation of a power lift unit on the right side of the vehicle.
1.15.7 The tailpipe may be flush with, but shall not extend out more than two inches beyond, the perimeter of the body for side exit pipe or the bumper for rear exit pipe.
1.15.8 The tailpipe shall exit to the left of the emergency exit door in the rear of the vehicle or to the left side of the bus in front or behind the rear drive axle. The tailpipe exit location on all Types A-1 or B-1 buses may be according to the manufacturer’s standard. The tailpipe shall not exit beneath any fuel filler location or beneath any emergency door.
1.15.8.1 For bus chassis and bodies produced after January 1, 2004, the tailpipe shall exit to the left or right of the emergency exit door in the rear of the vehicle. The tailpipe exit location on all Types A-1 or B01 buses may be according to the manufacturers standard. The tailpipe shall not exit beneath any fuel filler location or beneath any emergency door.
1.16 Fenders, Front Type C Vehicles
1.16.1 Total spread of outer edges of front fenders, measured at fender line, shall exceed total spread of front tires when front wheels are in a straight ahead position.
1.16.2 Front fenders shall be properly braced and shall not require attachment to any part of the body.
1.17 Frame
1.17.1 The frame (or equivalent) shall be of such design and strength characteristics as to correspond at least to standard practices for trucks of the same general load characteristics, which are used for highway service.
1.17.2 Any secondary manufacturer that modifies the original chassis frame shall guarantee the performance of workmanship and materials resulting from such modification.
1.17.3 Frames shall not be modified for the purpose of extending the wheel base.
1.17.4 Holes in top or bottom flanges or side units of the frame, and welding to the frame, shall not be permitted except as provided or accepted by chassis manufacturer.
1.17.5 Frame lengths shall be established in accordance with the design criteria for the complete vehicle.
1.18 Fuel Tank
1.18.1 The fuel tank (or tanks) provided by the chassis manufacturer shall have a minimum 60 gallon capacity for school buses with a capacity of 36 passengers and above. School buses less than a capacity of 36 shall have a manufacturer’s standard fuel tank. The tank shall be filled and vented to the outside of the body and the fuel filler shall be placed in a location where accidental fuel spillage will not drip or drain on any part of the exhaust system.
1.18.2 Fuel lines shall be mounted to the chassis frame in such a manner that the frame provides the maximum possible protections from damage.
1.18.3 The fuel system shall comply with FMVSS 301.
1.18.4 Fuel tank(s) may be mounted between the chassis frame rails or outboard of the frame rails on either the left or right side of the vehicle.
1.18.5 The actual draw capacity of each fuel tank shall be a minimum of 83% of the tank capacity.
1.18.6 Installation of alternative fuel systems, including fuel tanks and piping from tank to the engine, shall comply with all applicable fire codes in effect on the date of manufacture of the bus.
1.18.7 Installation of LPG tanks shall comply with National Fire Protection Association (NFPA) 58.
1.18.8 Fuel gauges must be calibrated for size of tank used. If more than one tank is used, there must be a gauge for each tank.
1.19 Governor: When the engine is remotely located from the driver, the governor shall be set to limit engine speed to maximum revolutions per minute as recommended by the engine manufacturer, and a tachometer shall be installed so the engine speed may be known to the driver while seated in a normal driving position.
1.20 Heating System, Provision For: The chassis engine shall have plugged openings for the purpose of supplying hot water for the bus heating system. The openings shall be suitable for attaching 3/4 inch pipe thread/hose connectors. The engine shall be capable of supplying coolant at a temperature of at least 170 degrees Fahrenheit at the engine cooling thermostat opening temperature. The coolant flow rate shall be 50 pounds per minute at the return end of 30 feet of one inch inside diameter automotive hot water heater hose. (See SBMTC-001.)
1.21 Horn: The bus shall be equipped with dual electrical horns capable of producing a complex sounds in bands of audio frequencies between 250 and 2,000 cycles per second and tested in accordance with SAE J-377.
1.21.1 For bus chassis and bodies produced after January 1, 2004, the bus shall be equipped with a horn(s) capable of producing a complex sound in bands of audio frequencies between 250 and 2,000 cycles per second and tested in accordance with SAE J-377. Type A buses may be equipped according to the manufacturer’s standard.
1.22 Instruments and Instrument Panel
1.22.1 The chassis shall be equipped with the instruments and gauges listed below. (Telltale warning lamps in lieu of gauges are not acceptable, except as noted):
1.22.1.1 Speedometer;
1.22.1.2 Odometer, which will give, accrued mileage (to seven digits), including tenths of miles;
1.22.1.3 Voltmeter: An ammeter with graduated charge and discharge indications is permitted in lieu of a voltmeter; however, when used, the ammeter wiring must be compatible with the current flow of the system;
1.22.1.4 Oil pressure gauge;
1.22.1.5 Water temperature gauge;
1.22.1.6 Fuel gauge;
1.22.1.7 Upper beam headlight indicator;
1.22.1.8 Turn signal indicator; and
1.22.1.9 Glow plug indicator light where appropriate
1.22.2 All instruments shall be easily accessible for maintenance and repair.
1.22.3 The instruments and gauges shall be mounted on the instrument panel so that each is clearly visible to the driver while seated in a normal driving position.
1.22.4 The instrument panel shall have lamps of sufficient candlepower to illuminate all instruments, gauges and shift selector indicator for the automatic transmission.
1.22.5 Multi function gauge (MFG)
1.22.5.1 The driver must be able to manually select any displayable function of the gauge on a MFG whenever desired.
1.22.5.2 Whenever an out of limits condition that would be displayed on one or more functions of a MFG occurs, the MFG controller should automatically display this condition on the instrument cluster. This should be in the form of an illuminated telltale warning lamp as well as having the MFG automatically display the out of limits indications. Should two or more functions displayed on the MFG go out of limits simultaneously, then the MFG should sequence automatically between those functions continuously until the condition(s) are corrected.
1.22.5.3 The use of a MFG does not relieve the need for audible warning devices, where required.
1.23 Oil Filter: An oil filter with a replaceable element shall be provided and connected by flexible oil lines if it is not a built in or an engine mounted design. The oil filter shall have a capacity of at least one (1) quart.
1.24 Openings: All openings in the floorboard or firewall between chassis and passenger compartment (e.g. for gearshift selector and parking brake lever) shall be sealed.
1.25 Passenger Load
1.25.1 The actual gross vehicle weight (GVW) is the sum of the chassis weight, plus the body weight, plus the driver's weight, plus total seated pupil weight. (For purposes of calculation, the driver's weight is 150 pounds and the pupil weight is 120 pounds per pupil.)
1.25.2 Actual GVW shall not exceed the chassis manufacturer's GVWR for the chassis, nor shall the actual weight carried on any axle exceed the chassis manufacturer's Gross Axle Weight Rating (GAWR).
1.25.3 The manufacturer's GVWR for a particular school bus shall be furnished by manufacturers in duplicate (unless more copies are requested) to the Delaware Department of Education. The Department of Education shall, in turn, transmit such ratings to the Department of Public Safety, Division of Motor Vehicles.
1.26 Power and Grade Ability:
1.26.1 GVWR shall not exceed 185 pounds per published net horsepower of the engine at the manufacturer's recommended maximum number of revolutions per minute.
1.26.2 For school buses with less than 36 passenger capacity, the minimum power plant shall be 160 hp engine or equal.
1.26.3 For school buses with a capacity of 36 passengers or greater, the engine will produce at least 170 hp measured at an RPM not to exceed 2,600 and generate at least 420 foot pounds of torque.
1.26.3.1 For bus chassis and bodies produced after March 1, 2003, all buses with a capacity of 36 passengers or greater, shall have an engine that produces at least 190 hp.
1.27 Retarder System: A retarder system, if used, shall maintain the speed of a fully loaded school bus at 19.0 mph on a 7% grade for 3.6 miles.
1.28 Road Speed Control: The bus shall be equipped with a vehicle speed limiter to accurately control vehicle maximum speed to 65 miles per hour.
1.29 Shock Absorbers: The bus shall be equipped with double action shock absorbers compatible with manufacturer's rated axle capacity at each wheel location.
1.30 Steering Gear
1.30.1 The steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when the vehicle is operated with maximum load and at maximum speed.
1.30.2 If external adjustments are required, steering mechanism shall be accessible to make adjustments.
1.30.3 No changes shall be made in the steering apparatus, which are not approved by the chassis manufacturer.
1.30.4 There shall be a clearance of at least 2 inches between the steering wheel and cowl, instrument panel, windshield, or any other surface.
1.30.5 Power steering is required and shall be of the integral type with integral valves.
1.30.6 The steering system shall be designed to provide a means for lubrication of all wear points, which are not permanently lubricated.
1.31 Suspension Systems
1.31.1 The capacity of springs or suspension assemblies shall be commensurate with the chassis manufacturer's GVWR.
1.31.2 Rear leaf springs shall be of a progressive rate or multistage design. Front leaf springs shall have a stationary eye at one end and shall be protected by a wrapped leaf, in addition to the main leaf.
1.32 Throttle: The force required to operate the throttle shall not exceed 16 pounds throughout the full range of accelerator pedal travel.
1.33 Tires and Rims
1.33.1 Rims of the proper size and tires of the proper size and load rating commensurate with chassis manufacturer's gross vehicle weight rating shall be provided. All wheel rims shall be the same size to allow for interchangeability. The use of multipiece rims and tube type tires shall not be permitted.
1.33.2 Dual rear tires shall be provided on Type A-2, Type B, Type C, and Type D school buses.
1.33.3 All tires on a vehicle shall be tubeless radials and be of the same size, and the load range of the tires shall meet or exceed the GVWR, as required by FMVSS 120.
1.33.4 If the vehicle is equipped with a spare tire and rim assembly, it shall be the same size as those mounted on the vehicle.
1.33.5 If a tire carrier is required, it shall be suitably mounted in an accessible location outside the passenger compartment.
1.34 Tow Eyes or Hooks: Tow eyes or hooks shall be furnished and attached so they do not project beyond the front bumper. Tow eyes or hooks attached to the frame chassis shall be furnished by the chassis manufacturer. This installation shall be in accordance with the chassis manufacturer's specifications. (Note: Type A buses are exempt from this requirement.)
1.35 Transmission
1.35.1 Automatic transmissions (AT-545 or approved equal) shall have no fewer than three forward speeds and one reverse speed. Mechanical shift selectors shall provide a detent between each gear position when the gear selector quadrant and shift selector are not steering column mounted.
1.35.2 In manual transmissions, second gear and higher shall be synchronized, except when incompatible with engine power. A minimum of three forward speeds and one reverse speed shall be provided.
1.35.3 An electronic control, or similar device, may be installed to ensure that automatic transmissions cannot accidentally be moved out of the “neutral” or “park” gear position while the driver is not seated in the driver’s seat.
1.36 Turning Radius
1.36.1 A chassis with a wheelbase of 264 inches or less shall have a right and left turning radius of not more than 42 1/2 feet, curb to curb measurement.
1.36.2 A chassis with a wheelbase of 265 inches or more shall have a right and left turning radius of not more than 44 1/2 feet, curb to curb measurement.
1.37 Undercoating: The chassis manufacturers, or their agents, shall coat the undersides of steel or metallic constructed front fenders with a rust proofing compound, for which the compound manufacturer has issued notarized certification of compliance to chassis builder that the compound meets or exceeds all performance and qualitative requirements of paragraph 3.4 of Federal Specification TT-C-520B, using modified tests.
6 DE Reg. 1351 (4/1/03)
7 DE Reg. 933 (1/1/04)
2.0 Bus Body Standards
2.1 Aisle
2.1.1 All emergency doors shall be accessible by a 12" minimum aisle. The aisle shall be unobstructed at all times by any type of barrier, seat, wheelchair or tiedown.
2.1.2 A 2" white line shall separate the driver compartment from the passenger compartment.
2.1.3 The seat backs shall be slanted sufficiently to give aisle clearance of 15" at tops of seat backs.
2.2 Back Up Warning Alarm: An automatic audible alarm shall be installed behind the rear axle and shall comply with the published Backup Alarm Standards (SAE J994B), providing a minimum of 112 dBA.
2.3 Battery
2.3.1 The battery is to be furnished by the chassis manufacturer.
2.3.2 When the battery is mounted as described in the “Bus Chassis Standards”, the body manufacturer shall securely attach the battery on a slide out or swing out tray in a closed, vented compartment in the body skirt, so that the battery is accessible for convenient servicing from the outside. The battery compartment door or cover shall be hinged at the front or top, and secured by an adequate and conveniently operated latch or other type fastener. The battery compartment is not required on Type A-1 buses.
2.3.3 Buses may be equipped with a battery shut off switch. The switch is to be placed in a location not readily accessible to the driver or passengers.
2.4 Bumper (Front)
2.4.1 On a Type D school bus, if the chassis manufacturer does not provide a bumper, it shall be provided by the body manufacturer. The bumper will conform to the standards described in the “Bus Chassis Standards”.
2.5 Bumper (Rear)
2.5.1 The bumper shall be pressed steel channel at least 3/16" thick or equivalent strength material (except for Type A buses). Type A-1 buses bumper shall be a minimum of 8" wide (high) and Type A-2, B, C, and D buses bumper shall be a minimum of 9 1/2" wide (high). The bumper shall be of sufficient strength to permit being pushed by another vehicle without permanent distortion.
2.5.2 The bumper shall be wrapped around the back corners of the bus. It shall extend forward at least 12", measured from the rear most point of the body at the floor line, and shall be flush mounted to body sides or protected with an end panel.
2.5.3 The bumper shall be attached to the chassis frame in such a manner that it may be easily removed. It shall be so braced as to withstand impact from the rear or the side. It shall be so attached as to discourage hitching of rides by an individual.
2.5.4 The bumper shall extend at least 1" beyond the rear most part of the body surface measured at the floor line.
2.6 Ceiling: See Insulation and Interior, this section.
2.7 Certification: The body manufacturer shall, upon request, certify to the Delaware Department of Education, that its product meets state standards on items not covered by FMVSS certification requirements of 49 CFR, Part 567.
2.8 Chains (Tire): See Wheelhousing, this section.
2.9 Color
2.9.1 The school bus body shall be painted National School Bus Yellow (NSBY).
2.9.2 The body exterior paint trim, bumper, lamp hoods, emergency door arrow, and lettering shall be black. (See illustration in NSTSP, Appendix B)
2.9.3 Optionally, the roof of the bus may be painted white down to no lower than the top window lines except that the front and rear roof caps shall remain NSBY.
2.10 Communications: Buses shall be equipped with a radio (non CB) or telephonic communication device. It will be added by the school district, school, or contractor.
2.11 Construction
2.11.1 Side Intrusion Test:
2.11.1.1 The bus body shall be constructed to withstand an intrusion force equal to the curb weight of the vehicle; but shall not exceed 20,000 pounds, whichever is less. Each vehicle shall be capable of meeting this requirement when tested in accordance with the procedures set forth below.
2.11.1.2 The complete body structure, or a representative seven body section mock up with seats installed, shall be load tested at a location 24 inches plus or minus two inches above the floor line, with a maximum 10 inch diameter cylinder, 48 inches long, mounted in a horizontal plane.
2.11.1.3 The cylinder shall be placed as close as practical to the mid point of the tested structure, spanning two internal vertical structural members. The cylinder shall be statically loaded to the required force of curb weight or 20,000 pounds, whichever is less, in a horizontal plane with a load applied from the exterior toward the interior of the test structure. Once the minimum load has been applied, the penetration of the loading cylinder into the passenger compartment shall not exceed a maximum of ten inches from its original point of contact. There can be no separation of lapped panels or construction joints. Punctures, tears or breaks in the external panels are acceptable but are not permitted on any adjacent interior panel.
2.11.1.4 Body companies shall certify compliance with this intrusion requirement, including test results, if requested.
2.11.2 Construction shall be reasonably dust proof and watertight.
2.12 Crossing Control Arm
2.12.1 Buses shall be equipped with a crossing control arm mounted on the right side of the front bumper. The arm when opened shall extend in a line parallel with the body side and positioned on a line with the right side wheels.
2.12.2 All components of the crossing control arm and all connections shall be weatherproofed.
2.12.3 The crossing control arm shall incorporate system connectors (electrical, vacuum, or air) at the gate and shall be easily removable to allow for towing of the bus.
2.12.4 The crossing control arm shall meet or exceed SAE Standard J1133.
2.12.5 The crossing control arm shall be constructed of noncorrosive or nonferrous material or treated in accordance with the body sheet metal standard (see “Metal Treatment”).
2.12.6 There shall be no sharp edges or projections that could cause hazard or injury to students.
2.12.7 The crossing control arm shall extend minimum 70" (measured from the bumper at the arm assembly attachment point) when in the extended position.
2.12.8 The crossing control arms shall extend simultaneously with the stop arm(s) by means of the stop arm controls.
2.13 Defrosters
2.13.1 Defrosting and defogging equipment shall direct a sufficient flow of heated air onto the windshield, the window to the left of the driver, and the glass in the viewing area directly to the right of the driver to eliminate frost, fog and snow.
2.13.2 The defrosting system shall conform to SAE J381 and J382.
2.13.3 The defroster and defogging system shall be capable of furnishing heated, outside ambient air, except that the part of the system furnishing additional air to the windshield, entrance door and stepwell may be of the recirculating air type.
2.13.4 Auxiliary fans are not considered defrosting or defogging systems and are described under "Ventilation."
2.13.5 Portable heaters shall not be used.
2.14 Doors
2.14.1 The service door shall be in the driver's control, designed to afford easy release and to provide a positive latching device on manual operating doors to prevent accidental opening. When a hand lever is used, no part shall come together that will shear or crush fingers. Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation, as tested on a 10 percent grade both uphill and downhill.
2.14.2 The service door shall be located on the right side of the bus, opposite and within direct view of driver.
2.14.3 The service door shall have a minimum horizontal opening of 24" and a minimum vertical opening of 68". Type A-1 vehicles shall have a minimum opening area of 1,200 square inches.
2.14.4 Service door shall be a split type, sedan type, or jackknife type. (Split type door includes any sectioned door that divides and opens inward or outward.) If one section of a split type door opens inward and the other opens outward, the front section shall open outward. School buses with a capacity of 36 passengers or greater shall be equipped with an outward opening service door.
2.14.5 Lower, as well as upper, door panels shall be of approved safety glass. The bottom of each lower glass panel shall not be more than 10" from the top surface of bottom step. The top of each upper glass panel shall not be more than 3" from the top of the door. Type A vehicles shall have an upper panel (windows) of safety glass with an area of at least 350 square inches.
2.14.6 Vertical closing edges on split type or folding type entrance doors shall be equipped with flexible material to protect children's fingers. Type A-1 vehicles may be equipped with chassis manufacturer's standard entrance door.
2.14.7 There shall be no door to left of driver on Type B, C or D vehicles. All Type A vehicles may be equipped with chassis manufacturer's standard left side door.
2.14.8 All doors shall be equipped with padding at the top edge of each door opening. Padding shall be at least 3" wide and 1" thick and extend the full width of the door opening.
2.14.9 If a power assisted service door is used, the actuation switch shall be to the right of the steering wheel within reach of drivers in the 95th percentile of the male and female adult population).
2.14.10 On power operated service doors, the emergency release valve, switch or device to release the service door must be placed above or to the immediate left or right of the service door and clearly labeled.
2.14.11 For bus chassis and bodies produced after January 1, 2004, the power entrance door shall be capable of being operated by a single three (3) position sequential switch, located convenient and accessible to the right of the driver. The first position shall activate the red flashing lights and the stop arm with the door closed. The second position shall open the door. Returning the switch to the off position shall close the door and cancel the stop arm and lights. The amber lights shall be controlled by a manual button located on the control panel to the right or left of the driver. Controls shall be a sequential operation system.
2.15 Driver Compartment
2.15.1 The driver's seat supplied by the body company shall be a high back seat with a minimum seat back adjustable to 15 degrees, without requiring the use of tools, and a head restraint to accommodate a 95th percentile adult male, as defined in FMVSS 208. The driver's seat shall be secured with nuts, bolts and washers or flanged head nuts.
2.15.2 Driver seat positioning and range of adjustments shall be designed to accommodate comfortable actuation of the foot control pedals by 95% of the male and female adult population.
2.15.3 Type A buses may utilize the standard driver’s seat provided by the chassis manufacturer.
2.15.4 Driver Restraint System: A Type 2 lap and shoulder belt shall be provided for the driver. The assembly shall be equipped with an emergency locking retractor for the continuous belt system. On all buses except Type A equipped with a standard chassis manufacturer’s driver seat, the lap portion of the belt system shall be guided or anchored to prevent the driver from sliding sideways under it. The lap and shoulder belt shall be designed to allow for easy adjustment in order to fit properly and to effectively protect drivers varying in size from 5th percentile adult female to 95th percentile adult male.
2.16 Emergency Exits
2.16.1 All installed emergency exits shall comply with the requirements of FMVSS 217.
2.16.2 Emergency door requirements
2.16.2.1 The upper portion of the emergency door shall be equipped with approved safety glazing, the exposed area of which shall be at least 400 square inches. The lower portion of the rear emergency doors on Types A-2, B, C, and D vehicles shall be equipped with a minimum of 350 square inches of approved safety glazing.
2.16.2.2 There shall be no steps leading to an emergency door.
2.16.2.3 The emergency door(s) shall be equipped with padding at the top edge of each door opening. Padding shall be at least 3" wide and 1" thick, and shall extend the full width of the door opening.
2.16.2.4 The side emergency door, if required, must meet the requirements as set forth in FMVSS 217, regardless of its use with any other combination of emergency exits. There shall be a clear aisle leading to it i.e., flip seats shall not be used.
2.16.2.5 There shall be no obstruction higher than 1/4 inch across the bottom of any emergency door opening.
2.16.2.6 The rear emergency window shall have an assisted lifting device that will aid in lifting and holding the rear emergency window open.
2.16.3 Emergency exit requirements: Types A, B, C, and D vehicles shall be equipped with a total number of emergency exits as follows for the equipped capacities of vehicles. Exits required by FMVSS 217 may be included to comprise the total number of exits specified.
0 to 42 Passenger = 1 emergency exit per side and 1 roof hatch.
43 to 78 Passenger = 2 emergency exits per side and 2 roof hatches.
79 to 90 Passenger = 3 emergency exits per side and 2 roof hatches.
2.16.4 Side emergency exit windows when installed may be vertically hinged on the forward side of the window. No side emergency exit window will be located above a stop arm.
2.16.5 In addition to the audible warning required on emergency doors by FMVSS 217, additional emergency exits shall also be equipped with an audible warning device.
2.17 Emergency Equipment
2.17.1 Fire Extinguisher
2.17.1.1 The bus shall be equipped with at least one UL approved pressurized, dry chemical fire extinguisher. The extinguisher shall be mounted (and secured) in a bracket, located in the driver's compartment and readily accessible to the driver and passengers. A pressure gauge shall be mounted on the extinguisher and shall be easily read without moving the extinguisher from its mounted position.
2.17.1.2 The fire extinguisher shall have a total rating of 2A10BC or greater. The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher.
2.17.2 First aid kit
2.17.2.1 The bus shall have a removable, moisture proof and dust proof first aid kit in an accessible place in the driver's compartment. It shall be properly mounted (and secured) and identified as a first aid kit. The location for the first aid kit shall be marked.
2.17.2.2 Minimum contents include:
Units Quantity per unit
2 12- 1" x 3" adhesive bandages
1 2 - 2" bandage compress
1 1 - 4" bandage compress
1 1 - non sterile triangular bandages
approximately 40" x 36" x 54" with 2 safety pins
1 eye kit with 2 sterile eye pads and 1 oz. wash
1 3- burn ointment, 1/8 oz.
1 5- ammonia inhalants
1 5- PVP antiseptic swabs
1 5- insect sting swabs
2.17.3 Body fluid clean up kit: Each bus shall have a removable and moisture proof body fluid clean up kit accessible to the driver. It shall be properly mounted and identified as a body fluid clean up kit in the driver’s compartment. Minimum contents of the body fluid clean up kit shall include the following:
2.17.3.1 1- 16 oz. bottle of 70% rubbing alcohol or 10% solution of bleach
2.17.3.2 1- plastic trash bag with tie, minimum of 12" x 12"
2.17.3.3 2- pairs of medical examination gloves (non latex)
2.17.3.4 10- paper towels, approximately 10 1/ 2" x 12 1/2"
2.17.4 Warning devices: Each school bus shall contain at least three (3) reflectorized triangle road warning devices mounted in an accessible place that meet requirements in FMVSS 125.
2.17.5 Any of the emergency equipment may be mounted in an enclosed compartment provided the compartment is labeled in not less than 1” letters, identifying each piece of equipment contained therein.
2.18 Floor
2.18.1 The floor in the under seat area, including tops of wheel housings, driver's compartment and toe board, shall be covered with rubber floor covering or equivalent, having a minimum overall thickness of .125". The driver's area on all Type A buses may be manufacturer's standard flooring and floor covering.
2.18.2 The floor covering in the aisles shall be of aisle type rubber or equivalent, wear resistant and ribbed. Minimum overall thickness shall be .187" measured from tops of ribs.
2.18.3 The floor covering must be permanently bonded to the floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be a type recommended by the manufacturer of floor covering material. All seams must be sealed with waterproof sealer.
2.18.4 On Types B, C and D buses, a flush mounted, screw down plate that is secured and sealed shall be provided to access the fuel tank sending unit.
2.19 Handrails: At least one handrail shall be installed. The handrail(s) shall assist passengers during entry or exit, and be designed to prevent entanglement, as evidenced by the passage of the National Highway Transportation Safety Administration (NHTSA) string and nut test as defined in the NSTSP.
2.20 Heater and Air Conditioning Systems
2.20.1 Heating System
2.20.1.1 The heater shall be a hot water type.
2.20.1.2 Every bus with a capacity of 36 or more shall have 2 heaters at the front: 1 to the left of the driver, and 1 to the right of the driver near the entrance door, and 1 heater in the rear portion of the bus.
2.20.1.3 If only one heater is used, it shall be fresh air or combination fresh air and recirculation type.
2.20.1.4 If more than one heater is used, additional heaters may be temperatures as specified recirculating air type.
2.20.1.5 The heating system shall be capable of maintaining bus interior in SAE test procedure J2233.
2.20.1.6 All forced air heaters installed by body manufacturers shall bear a name plate that indicates the heater rating in accordance with SBMTC-001. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate.
2.20.1.7 Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE J20c. Heater lines on the interior of bus shall be shielded to prevent scalding of the driver or passengers.
2.20.1.8 Each hot water system installed by a body manufacturer shall include one shut off valve in the pressure line and one shut off valve in the return line with both valves at the engine in an accessible location, except that on all Types A and B buses, the valves may be installed in another accessible location.
2.20.1.9 There shall be a water flow regulating valve installed in the pressure line for convenient operation by the driver while seated.
2.20.1.10 Accessible bleeder valves shall be installed in an appropriate place in the return lines of body company installed heaters to remove air from the heater lines.
2.20.1.11 Access panels shall be provided to make heater motors, cores and fans readily accessible for service. An outside access panel may be provided for the driver's heater.
2.20.2 Air Conditioning
2.20.2.1 Performance Specifications
2.20.2.1.1 The installed air conditioning system shall cool the interior of the bus down to at least 80 degrees Fahrenheit, measured at a minimum of three points, located 4’ above the floor at the longitudinal centerline of the bus. The three points shall be: (1) near the driver’s location, (2) at the midpoint of the body, and (3) 2' forward of the emergency door, or, for type D rear engine buses, 2' forward of the end of the aisle.
2.20.2.1.2 The test conditions under which the above performance must be achieved shall consist of: (1) placing the bus in a room (such as a paint booth) where ambient temperature can be maintained at 100 degrees Fahrenheit (2) heat soaking the bus at 100 degrees Fahrenheit with windows open for at least 1 hour and (3) closing windows, turning on the air conditioner with the engine running at the chassis manufacturer’s recommended low idle speed, and cooling the interior of the bus to 80 degrees Fahrenheit or lower within a maximum of 30 minutes while maintaining 100 degrees Fahrenheit outside temperature.
2.20.2.1.3 Alternately, this test may be performed under actual summer conditions, which consist of temperatures above 85 degrees Fahrenheit, humidity above 50 percent with normal sun loading of the bus and the engine running at the engine manufacturer’s recommended low idle speed. After a minimum of 1 hour of heat soaking, the system shall be turned on and must provide a minimum 20 degree temperature drop in the 30 minute time limit.
2.20.2.2 Other Requirements
2.20.2.2.1 Evaporator cases, lines and ducting (as equipped) shall be designed in such a manner that all condensation is effectively drained to the exterior of the bus below the floor level under all conditions of vehicle movement and without leakage on any interior portion of bus.
2.20.2.2.2 Any evaporator or ducting system shall be designed and installed so as to be free of injury prone projections or sharp edges. Any ductwork shall be installed so that exposed edges face the front of the bus and do not present sharp edges.
2.20.2.2.3 Evaporator cases and ducting systems shall be equipped with diffusers that are adjustable.
2.20.2.2.4 On specially equipped school buses, the evaporator and ducting (if used) shall be placed high enough that they will not obstruct occupant securement shoulder strap upper attachment points. This clearance shall be provided along entire length of the passenger area on both sides of the bus interior to allow for potential retrofitting of new wheelchair positions and occupant securement devices throughout the bus.
2.20.2.2.5 The condensers shall be equipped with a sight glass (or at least one for each part of a split system) that is accessible and directly visible for checking the level of the refrigerant.
2.20.2.2.6 The compressor system shall be equipped with both a high pressure and a low pressure switch to prevent compressor operation when system temperatures are above or below recommended safe levels. Lubrication of moving compressor parts shall be accomplished automatically. An automatic (electric) clutch shall be provided on each compressor.
2.20.2.2.7 All system operating controls, including on off switch(es), blower switch(es) and thermostat controls shall be accessible to the driver in a seated position.
2.20.2.2.8 Blowers shall be a minimum of two speeds.
2.20.2.2.9 Wiring shall be copper with color coded insulation. The air conditioning system shall be equipped with at least one manually resetable circuit breaker per side to provide overload protection for the main power circuit feeding the evaporator blowers and condenser fans. System control circuits shall also have overload protection, but may be fused.
2.20.2.2.10 Refrigerant shall be R 134A.
2.20.2.2.11 All wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear. All flexible refrigerant hoses shall be double braided.
2.20.2.2.12 The body shall be equipped with insulation, including sidewalls, roof, firewall, rear, inside body bows and plywood (see “Insulation”) or composite floor insulation to aid in heat dissipation and reflection.
2.20.2.2.13 All glass (windshield, service and emergency doors, side and rear windows) shall be equipped with maximum integral tinting allowed by federal or ANSI standards for the respective locations, except that windows rear of the driver’s compartment shall have approximately 28 percent light transmission.
2.20.2.2.14 Type A buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 120 amperes. Type B, C, and D buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 160 amperes.
2.20.2.2.15 Roofs shall be painted white (see “Color”).
2.21 Hinges: All exterior metal door hinges which do not have stainless steel, brass, or nonmetallic hinge pins or other designs that prevent corrosion shall be designed to allow lubrication to be channeled to the center 75 percent of each hinge loop without disassembly.
2.22 Identification
2.22.1 The body shall bear words "SCHOOL BUS" in black letters at least 8 inches high on both front and rear of body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to "Series B" of Standard Alphabets for Highway Signs. "SCHOOL BUS" lettering shall have a reflective background. All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white.
2.22.2 Bus identification number shall be displayed on the sides, on the rear, and on the front.
2.22.3 District or company name or owner of the bus shall be displayed;
2.22.4 Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to:
2.22.4.1 The location of the battery(ies) identified by the word "Battery" or "Batteries" on the battery compartment door in 2" lettering;
2.22.4.2 Symbols or letters not to exceed 64 square inches of total display near the service door, displaying information for identification by the students of the bus or route served;
2.22.4.3 Symbols identifying the bus as equipped for or transporting students with special needs (see Specially Equipped School Bus section);
2.22.4.4 Lettering of fuel type in 2” lettering adjacent to the fuel filler opening; and
2.22.4.5 Manufacturer, company name, dealer, school logo, or U.S. Flag (with no other wording or artwork) decal or plate not to exceed 6 inches x 12 inches may be displayed in the right side plate location on the rear of the bus.
2.23 Inside Height: Inside body height shall be 72" or more, measured metal to metal, at any point on longitudinal center line from front vertical bow to rear vertical bow. Inside body height of Type A-1 buses shall be 62" or more.
2.24 Insulation
2.24.1 If thermal insulation is specified, it shall be fire resistant, UL approved, with minimum R value of 5.5. Insulation shall be installed so as to prevent sagging.
2.24.2 If floor insulation is required, it shall be 5 ply nominal 5/8" thick plywood, and it shall equal or exceed properties of the exterior type softwood plywood, C-D Grade, as specified in standard issued by U.S. Department of Commerce. When plywood is used, all exposed edges shall be sealed. Type A-1 buses may be equipped with nominal 1/ 2" thick plywood meeting the above requirements. Equivalent material may be used to replace plywood, provided it has an equal or greater insulation R value, deterioration, sound abatement and moisture resistance properties.
2.25 Interior
2.25.1 The interior of bus shall be free of all unnecessary projections, which include luggage racks and attendant hand rails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If the ceiling is constructed to contain lap joints, the forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and tow chains. (See “Storage Compartment”)
2.25.2 The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment.
2.25.3 Every school bus shall be constructed so that the noise level taken at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in the NSTSP, Appendix B. School buses with a capacity of 36 passengers or greater shall be equipped with a sound proof body package that includes firewall and engine cover. The headliner over the driver’s compartment to the front barriers shall be perforated to absorb sound.
2.25.4 Interior overhead storage compartments may be provided if they meet the following criteria:
2.25.4.1 Meet head protection requirements of FMVSS 222 where applicable;
2.25.4.2 Have a minimum rated capacity displayed for each compartment;
2.25.4.3 Be completely enclosed and equipped with latching doors which must be sufficient to withstand a force five times the maximum rated capacity of the compartment;
2.25.4.4 Have all corners and edges rounded with a minimum radius of 1" or padded equivalent to door header padding;
2.25.4.5 Be attached to the bus sufficiently to withstand a force equal to 20 times the maximum rated capacity of the compartment; and
2.24.4.6 Have no protrusions greater than ¼ inch.
2.25.5 For bus chassis and bodies produced after March 1, 2003, the interiors shall have mar proof side walls.
2.26 Lamps and Signals
2.26.1 Interior lamps shall be provided which adequately illuminate the aisle and the stepwell. The stepwell light shall be illuminated by a service door operated switch, to illuminate only when headlights and clearance lights are on and the service door is open.
2.26.2 Body instrument panel lights shall be controlled by an independent rheostat switch.
2.26.3 School bus alternately flashing signal lamps:
2.26.3.1 The bus shall be equipped with two red lamps at the rear of vehicle and two red lamps at the front of the vehicle. Lamps may be the sealed beam or halogen type.
2.26.3.3.1 For bus chassis and bodies produced after January 1, 2004, the visors or hoods, black in color, are only required on non flush mounted lights and shall have a minimum depth of 4".
2.26.3.2 In addition to the four red lamps described above, four amber lamps shall be installed so that one amber lamp is located near each red signal lamp, at same level, but closer to the vertical centerline of bus. The system of red and amber signal lamps shall be wired so that amber lamps are energized manually, and red lamps are automatically energized (with amber lamps being automatically deenergized) when stop signal arm is extended or when bus service door is opened. An amber pilot light and a red pilot light shall be installed adjacent to the driver controls for the flashing signal lamp to indicate to the driver which lamp system is activated.
2.26.3.3 The area around lens of alternately flashing signal lamps extending outward from the edge of the lamps 3" (+/- ¼") to the sides and top and minimum 1” to the bottom, shall be black in color on the body or roof area against which the signal lamp is seen (from distance of 500 feet along axis of vehicle). Visors or hoods, black in color, are required and shall have a minimum depth of 4". (See NSTSP, Appendix B)
2.26.3.4 Red lamps shall flash at any time the stop signal arm is extended.
2.26.3.5 All flashers for alternately flashing red and amber signal lamps shall be enclosed in the body in a readily accessible location.
2.26.4 Turn signal and stop or tail lamps:
2.26.4.1 Bus body shall be equipped with amber rear turn signal lamps that are at least 7" in diameter. These signal lamps must be connected to the chassis hazard warning switch to cause simultaneous flashing of turn signal lamps when needed as vehicular traffic hazard warning. Turn signal lamps are to be placed as wide apart as practical and their centerline shall be a maximum of 12" below the rear window. Type A-1 conversion vehicle lamps must be at least 21 square inches in lens area and must be in the manufacturer’s standard color.
2.26.4.1.1 For bus chassis and bodies produced after January 1, 2004, the bus body shall be equipped with amber rear turn signal lamps that are at least 7” in diameter, or if the shape is other than round, a minimum 38 square inches. These signal lamps must be connected to the chassis hazard warning switch to cause simultaneous flashing of turn signal lamps when needed as vehicular traffic hazard warning. Turn signal lams are to be placed as wide apart as practical and their centerline shall be a maximum of 12” below the rear window. Type A-1 conversion vehicle lamps must be at least 21 square inches in lens area and must be in the manufacturer’s standard color.
2.26.4.2 Buses shall be equipped with amber side mounted turn signal lights. The turn signal lamp on the left side shall be mounted rearward of the stop signal arm and the turn signal lamp on the right side shall be mounted rearward of the service door. An additional side turn signal lamp may be mounted over the rear wheel opening on both sides.
2.26.4.2.1 For bus chassis and bodies produced after January 1, 2004, an additional amber side turn lamp shall be mounted between the rear wheel opening and the rear of the bus on both sides.
2.26.4.3 In addition to manufacturer’s standard turn signals, Type C school buses shall also be equipped with front, Class A fender or hood mounted turn signals.
2.26.4.4 Buses shall be equipped with four combination red stop or tail lamps:
2.26.4.4.1 Two combination lamps with a minimum diameter of 7", or if a shape other than round, a minimum 38 square inches of illuminated area shall be mounted on the rear of the bus just inside the turn signal lamps.
2.26.4.4.2 Two combination lamps with a minimum diameter of 4", or if a shape other than round, a minimum 12 square inches of illuminated area shall be placed on the rear of the body between the beltline and the floor line. The rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a steady light when illuminated. Type A-1 buses with bodies supplied by chassis manufacturer may have manufacturer's standard stop and tail lamps.
2.26.4.5 All buses shall be equipped with a 16 light monitor. The monitor shall be mounted in full view of the driver. If the full circuit current passes through the monitor, each circuit shall be protected by a fuse, circuit breaker, or field effect transistor to protect against any short circuit or intermittent shorts.
2.26.4.6 Body markers shall be the armored type.
2.26.4.7 Backup lamps: The bus body shall be equipped with two white rear backup lamp signals that are at least 4" in diameter or, if a shape other than round, a minimum of 13 square inches of illuminated area, meeting FMVSS 108. If backup lamps are placed on the same horizontal line as the brake lamps and turn signal lamps, they shall be to the inside.
2.26.5 School buses may be equipped with fog lamps.
2.27 Metal Treatment
2.27.1 All metal used in construction of bus body shall be zinc coated or aluminum coated or treated by equivalent process before the bus is constructed. Included are such items as structural members, inside and outside panels, door panels and floor sills. Excluded are such items as door handles, grab handles, interior decorative parts and other interior plated parts.
2.27.2 All metal parts that will be painted, in addition to the above requirements, shall be chemically cleaned, etched, zinc phosphate coated and zinc chromate or epoxy primed, or the metal may be conditioned by equivalent process.
2.27.3 In providing for these requirements, particular attention shall be given to lapped surfaces, welded connections of structural members, cut edges on punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas and surfaces subjected to abrasion during vehicle operation.
2.27.4 As evidence that above requirements have been met, samples of materials and sections used in the construction of the bus body shall not lose more than 10 percent of material by weight when subjected to a 1000 hour salt spray test as provided for in latest revision of ASTM Standard B-117.
2.28 Mirrors
2.28.1 The interior mirror shall be either clear view laminated glass or clear view glass bonded to a backing which retains the glass in the event of breakage. The mirror shall have rounded corners and protected edges. All Type A buses shall have a minimum of a 6" x 16" mirror and Types B, C, and D buses shall have a minimum of a 6" x 30" mirror.
2.28.2 Each school bus shall be equipped with exterior mirrors meeting the requirements of FMVSS 111. Mirrors shall be easily adjustable, but shall be rigidly braced so as to reduce vibration.
2.28.3 Buses may be equipped with heated or remote control external mirrors.
2.28.3.1 For bus chassis and bodies produced after March 1, 2003, buses for 36 passengers or greater shall be equipped with heated and remote control exterior rear view mirrors.
2.28.3.2 For bus chassis and bodies produced after January 1, 2004, the buses, 36 passengers or greater, shall be equipped with heated cross over mirrors.
2.29 Mounting
2.29.1 The chassis frame shall support rear body cross member. The bus body shall be attached to chassis frame at each main floor sill, except where chassis components interfere, in such manner as to prevent shifting or separation of the body from the chassis under severe operating conditions.
2.29.2 Insulators shall be installed at all contact points between the body and the chassis frame on Types A-2, B, C, and D buses, and shall be secured by a positive means to the chassis frame or body to prevent shifting, separation, or displacement of the isolators under severe operating conditions.
2.30 Overall Length: Overall length of bus shall not exceed 40 feet, excluding accessories.
2.31 Overall Width: Overall width of bus shall not exceed 96", excluding accessories.
2.32 Public Address System:
2.32.1 There shall be installed a public address amplifier specifically designed for vehicular applications with a minimum power output of not less than 5 watts sine wave power. Such system shall consist of an on off switch, volume control, and an inside outside speaker selector switch. Additionally, it shall have an outside speaker completely weather-proofed a minimum 7 watt power capability and two interior dynamic speakers with a minimum diameter of 4 inches. These speakers shall be located above the window line, to the rear of the driver, and shall not project more than 1/2 inch from the interlining of the bus. There shall be no sharp edges or corners that could cause injury to a passenger. The outside speaker shall be located on the front of the cowl under the hood or other suitable location under the hood.
2.32.2 Buses may be equipped with an AM or FM audio system.
2.32.3 No internal speakers, other than the driver’s communication systems, may be installed within 4’ of the driver’s seat back in its rearmost upright position.
2.33 Reflective Material (see NSTSP, Appendix B)
2.33.1 The front and rear bumper may be marked diagonally 45 degrees down to centerline of pavement with 2" +/- 1/4" wide strips of non contrasting reflective material.
2.33.2 The rear of bus body shall be marked with strips of reflective NSBY material to outline the perimeter of the back of the bus using material that conforms with the requirements of FMVSS 131, Table 1. The perimeter marking of rear emergency exits per FMVSS 217 or the use of reflective "SCHOOL BUS" signs partially accomplishes the objective of this requirement. To complete the perimeter marking of the back of the bus, strips of at least 1 3/4" reflective NSBY material shall be applied horizontally above the rear windows and above the rear bumper, extending from the rear emergency exit perimeter, marking outward to the left and right rear corners of the bus. Vertical strips shall be applied at the corners connecting these horizontal strips.
2.33.3 "School Bus" signs shall be marked with reflective NSBY material comprising background for lettering of the front or rear "School Bus" signs.
2.33.4 Sides of bus body shall be marked with at least 1 3/4" reflective NSBY material, extending the length of the bus body and located (vertically) between the floor line and the beltline.
2.34 Rub Rails
2.34.1 There shall be one rub rail located on each side of the bus at seat cushion level which extends from the rear side of the entrance door completely around the bus body (except the emergency door or any maintenance access door) to the point of curvature near the outside cowl on the left side.
2.34.2 There shall be one additional rub rail located on each side at, or no more than 10” above, the floor line. The rub rail shall cover the same longitudinal area as the upper rub rail, except at the wheelhousings, and it shall extend only to the radii of the right and left rear corners.
2.34.3 Both rub rails shall be attached at each body post and all other upright structural members.
2.34.4 Each rub rail shall be 4" or more in width in their finished form, shall be of 16 gauge steel or suitable material of equivalent strength and shall be constructed in corrugated or ribbed fashion.
2.34.5 Both rub rails shall be applied outside the body or outside the body posts. (Pressed in or snap on rub rails do not satisfy this requirement.) For Type A-1 vehicles using the body provided by the chassis manufacturer, or for Types A-2, B, C and D buses using the rear luggage or the rear engine compartment, rub rails need not extend around the rear corners.
2.34.6 There shall be a rub rail (snow rail) or equivalent bracing located horizontally at the bottom edge of the body side skirts.
2.35 Seat and Restraining Barriers
2.35.1 Passenger Seating
2.35.1.1 All seats shall have a minimum cushion depth of 15" and must comply with all requirements of FMVSS 222. School bus design capacities shall be in accordance with 49 CFR, Part 571.3 and FMVSS 222.
2.35.1.2 All restraining barriers and passenger seats shall be constructed with materials that enable them to meet the criteria contained in the School Bus Seats Upholstery Fire Block Test. (See NSTSP, Appendix B)
2.35.1.3 School buses equipped with front barriers shall have modesty panels (full width) installed under the barriers the full length to the floor.
2.35.1.4 Each seat leg shall be secured to the floor by a minimum of two (2) bolts, washers, and nuts. Flange head nuts may be used in lieu of nuts and washers, or seats may be track mounted in conformance with FMVSS 222. If track seating is installed, the manufacturer shall supply minimum and maximum seat spacing dimensions applicable to the bus, which comply with FMVSS 222. This information shall be on a label permanently affixed to the bus.
2.35.1.5 All seat frames attached to the seat rail shall be fastened with two (2) bolts, washers and nuts or flange head nuts.
2.35.1.6 All school buses (including Type A) shall be equipped with restraining barriers which conform to FMVSS 222.
2.35.1.7 There shall be a minimum of 8" clearance between the last seat and the rear interior of the bus.
2.35.2 Pre school Age Seating: When installed, all passenger seats designed to accommodate a child or infant carrier seat shall comply with FMVSS 225. These seats shall be in compliance with NHTSA’s “Guideline for Safe Transportation of Pre school Age Children in School Buses.”
2.36 Steps
2.36.1 All school buses with a capacity of 36 passengers and above shall have a three step stepwell.
2.36.2 The first step at service door shall be not less than 10" and not more than 14" from the ground when measured from the top surface of the step to the ground, based on standard chassis specifications, except that on Type D vehicles, the first step at the service door shall be 12" to 16" from the ground.
2.36.3 Step risers shall not exceed a height of 10". When plywood is used on a steel floor or step, the riser height may be increased by the thickness of the plywood.
2.36.4 Steps shall be enclosed to prevent accumulation of ice and snow.
2.36.5 Steps shall not protrude beyond the side body line.
2.37 Step Treads
2.37.1 All steps, including floor line platform area, shall be covered with 3/16" rubber floor covering or other materials equal in wear and abrasion resistance to top grade rubber.
2.37.2 The metal back of the tread shall be permanently bonded to the step tread material.
2.37.3 Steps, including the floor line platform area, shall have a 1 1/2" white nosing as an integral piece without any joint.
2.37.4 Step treads shall have the following characteristics:
2.37.4.1 Special compounding for good abrasion resistance and coefficient of friction of at least 0.6 for the step surface, and 0.8 for the step nosing;
2.37.4.2 Flexibility so that it can be bent around a 1/2" mandrel both at 130 degrees Fahrenheit and 20 degrees Fahrenheit without breaking, cracking, or crazing;
2.37.4.3 A durometer hardness 85 to 95.
2.38 Stirrup Steps: Unless the windshield and lamps are not easily accessible from the ground, there shall be at least one folding stirrup step or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning. Steps are permitted in or on the front bumper in lieu of the stirrup steps if the windshield and lamps are easily accessible for cleaning from that position.
2.39 Stop Signal Arm: The stop signal arm shall be reflectorized material and comply with the requirements of FMVSS 131.
2.40 Storage Compartment: A storage container for tools, tire chains, and tow chains may be located either inside or outside the passenger compartment. If inside, it shall have a cover capable of being securely latched and fastened to the floor, convenient to either the service or emergency door. (The seat cushion may not serve this purpose.)
2.41 Strobe Light
2.41.1 A white flashing strobe light shall be installed on the roof. It shall be located from 4 to 6 feet from the rear of the roof edge (except air conditioned buses with rooftop evaporators), within 1 foot of centerline, and behind all other roof equipment. The strobe shall extend above the roof between 4 ½ to 6 3/4 inches, and the light shall be 12 to 16 joules with a clear lens emitting light 360 degrees around its vertical axis.
2.41.2 The light shall be wired to activate when the amber alternately flashing signal lamps are activated, continuing through the full loading or unloading cycle, with an override switch to allow activation of the strobe light during inclement weather.
2.41.3 A pilot light shall be included to indicate when the light is in operation
2.42 Sun Shield
2.42.1 An interior adjustable transparent sun shield with a finished edge not less than 6" X 30" for Types B, C, and D vehicles, shall be installed in a position convenient for use by driver.
2.42.2 On all Type A buses the sun shield (visor) shall be installed according to the manufacturer's standard.
2.43 Traction Assisting Devices
2.43.1 Where required or used, sanders shall:
2.43.1.1 Be of hopper cartridge valve type;
2.43.1.2 Have a metal hopper with all interior surfaces treated to prevent condensation of moisture;
2.43.1.3 Be of at least 100 pound (grit) capacity;
2.43.1.4 Have cover on the filler opening of hopper, which screws into place, thereby sealing the unit airtight;
2.43.1.5 Have discharge tubes extending to the front of each rear wheel under the fender;
2.43.1.6 Have no clogging discharge tubes with slush proof, non freezing rubber nozzles;
2.43.1.7 Be operated by an electric switch with telltale pilot light mounted on the instrument panel;
2.43.1.8 Be exclusively driver controlled; and
2.43.1.9 Have a gauge to indicate that the hopper needs refilling when it reaches one quarter full.
2.43.2 Automatic traction chains may be installed.
2.44 Undercoating
2.44.1 Entire underside of bus body, including floor sections, cross member and below floor line side panels, shall be coated with rust proofing material for which the material manufacturer has issued a notarized certification of compliance to the bus body builder that materials meet or exceed all performance and qualitative requirements of paragraph 3.4 of Federal Specification TT-C-520b using modified test procedures* for following requirements:
2.44.1.1 Salt spray resistance, pass test modified to 5% salt and 1000 hours;
2.44.1.2 Abrasion resistance, pass; and
2.44.1.3 Fire resistance, pass.
*Test panels to be prepared in accordance with paragraph 4.6.12 of TT-C-520b with modified procedure requiring that the test be made on a 48 hour air cured film at a thickness recommended by the material manufacturer.
2.44.2 The undercoating material shall be applied with suitable airless or conventional spray equipment to the recommended film thickness and shall show no evidence of voids in cured film.
2.45 Ventilation
2.45.1 Auxiliary fans (2) shall meet the following requirements.
2.45.1.1 Fans for left and right sides shall be placed in a location where they can be adjusted for maximum effectiveness and where they do not obstruct vision to any mirror, the roadway, or students outside the bus. Note: Type A buses may be equipped with one fan.
2.45 1.2 fans shall be of 6” diameter
2.45.1.3 fan blades shall be covered with a protective cage. Each fan shall be controlled by a separate switch.
2.45.2 The bus body shall be equipped with a suitably controlled ventilating system of sufficient capacity to maintain proper quantity of air under operating conditions without having to open windows except in extremely warm weather.
2.45.3 Static type, non closeable exhaust ventilation shall be installed toward the front of the bus.
2.45.4 Roof hatches designed to provide ventilation in all types of exterior conditions may be provided. They may be equipped with additional ventilating fans.
2.46 Wheelhousing
2.46.1 The wheelhousing opening shall allow for easy tire removal and service.
2.46.2 Wheelhousings shall be attached to the floor sheets in such a manner so as to prevent any dust, water or fumes from entering the body. Wheelhousings shall be constructed of at least 16 gauge steel.
2.46.3 The inside height of the wheelhousings above the floor line shall not exceed 12".
2.46.4 The wheelhousings shall provide clearance for installation and use of tire chains on single and dual (if so equipped) power driving wheels.
2.46.5 No part of a raised wheelhousing shall extend into the emergency door opening.
2.47 Windows
2.47.1 Each side window, other than emergency exits designated to comply with FMVSS 217, shall provide an unobstructed opening of at least 9" high but not more than 13" high and at least 22" wide, obtained by lowering the window. One side window on each side of the bus may be less than 22" wide.
2.47.2 Optional tinted and frost free glazing may be installed in all doors, windows, and windshields consistent with federal, state, and local regulations. Windshields shall be tinted with maximum integral tinting allowed by federal or ANSI standards with a shaded band across the top.
2.48 Windshield Washers: A windshield washer system shall be provided.
2.49 Windshield Wipers
2.49.1 A two speed or variable speed windshield wiping system shall be provided. An intermittent feature may be provided.
2.49.1.1 For bus chassis and bodies produced after March 1, 2003, a two speed or variable speed windshield wiping system shall be provided and an intermittent feature shall be provided.
2.49.2 The wipers shall be operated by one or more air or electric motors of sufficient power to operate the wipers. If one motor is used, the wipers shall work in tandem to give full sweep of windshield.
2.50 Wiring
2.50.1 All wiring shall conform to current SAE standards.
2.50.2 Circuits:
2.50.2.1 Wiring shall be arranged in circuits, as required, with each circuit protected by a fuse, circuit breaker or field effect transistor. A system of color and number coding shall be used and an appropriate identifying diagram shall be provided to the end user, along with the wiring diagram provided by the chassis manufacturer. The wiring diagrams shall be specific to the bus model supplied and shall include any changes to wiring made by the body manufacturer. Chassis wiring diagrams shall also be supplied to the end user. A system of color and number coding shall be used on buses. The following body interconnecting circuits shall be color coded as noted:
FUNCTION COLOR
Left Rear Directional Lamp Yellow
Right Rear Directional Lamp Dark Green
Stop Lamps Red
Back up Lamps Blue
Tail Lamps Brown
Ground White
gnition Feed, Primary Feed Black
The color of cables shall correspond to SAE J 1128.
2.50.2.2 Wiring shall be arranged in at least six regular circuits as follows:
2.50.2.2.1 Head, tail, stop (brake) and instrument panel lamps;
2.50.2.2.2 Clearance lamps and stepwell lamps that shall be actuated when service door is open;
2.50.2.2.3 Dome lamps;
2.50.2.2.4 Ignition and emergency door signal;
2.50.2.2.5 Turn signal lamps; and
2.50.2.2.6 Alternately flashing signal lamps.
2.50.2.3 Any of the above combination circuits may be subdivided into additional independent circuits.
2.50.2.4 Heaters and defrosters shall be wired on an independent circuit.
2.50.2.5 Whenever possible, all other electrical functions (such as sanders and electric type windshield wipers) shall be provided with independent and properly protected circuits.
2.50.2.6 Each body circuit shall be coded by number or letter on a diagram of circuits and shall be attached to the body in a readily accessible location.
2.50.3 The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted.
2.50.4 All wiring shall have an amperage capacity exceeding the design load by at least 25%. All wiring splices are to be done at an accessible location and noted as splices on the wiring diagram.
2.50.5 A body wiring diagram, of a size which can be easily read shall be furnished with each bus body or affixed in an area convenient to the electrical accessory control panel.
2.50.6 The body power wire shall be attached to a special terminal on the chassis.
2.50.7 All wires passing through metal openings shall be protected by a grommet.
2.50.8 Wires not enclosed within body shall be fastened securely at intervals of not more than 18 inches. All joints shall be soldered or joined by equally effective connectors, which shall be water resistant and corrosion resistant.
6 DE Reg. 1351 (4/1/03)
7 DE Reg. 933 (1/1/04)
11 DE Reg. 1231 (03/01/08)
3.0 Standards for Specially Equipped School Buses
3.1 General Requirements
3.1.1 School buses designed for transporting students with special transportation needs shall comply with these standards and with FMVSSs applicable to their GVWR category.
3.1.2 Any school bus to be used for the transportation of children who are confined to a wheelchair or other mobile positioning device, or who require life support equipment that prohibits use of the regular service entrance, shall be equipped with a power lift, unless a ramp is needed for unusual circumstances related to passenger needs.
3.1.3 All lift buses shall have flat floors.
3.1.4 Padded barriers shall be installed to protect wheelchair positions where seating does not interface as barrier.
3.1.5 Seats shall have the minimum spacing specified under FMVSS No. 222 School Bus Passenger Seating and Crash Protection (within 24 inches from the safety reference point) per NHTSA February 1999 Guideline for the Safe Transportation of Pre School Age Children in School Buses.
3.1.6 All seats shall have seat belts installed (39" seats shall have 3 seatbelts and 30" seats shall have 2 seatbelts.
3.2 Aisles: All school buses equipped with a power lift shall provide a minimum 30" aisle leading from any wheelchair or mobility aid position to at least one emergency exit. A wheelchair securement position shall never be located directly in front of a power lift door location. It is understood that, when provided, the lift service door is considered an emergency exit.
3.3 Glazing: Tinted glazing may be installed in all doors, windows and windshields consistent with federal, state and local regulations.
3.4 Identification: Buses with power lifts used for transporting individuals with disabilities shall display the International Symbol of Accessibility below the window line. Such emblems shall be white on blue background, shall not exceed 12 square inches in size, and shall be of a high intensity reflectorized material meeting Federal Highway Administration (FHWA) FP-85 Standards.
3.5 Passenger Capacity Rating: In determining the passenger capacity of a school bus for purposes other than actual passenger load (e.g., vehicle classification or various billing and reimbursement models), any location in a school bus intended for securement of an occupied wheelchair or mobility aid during vehicle operations are regarded as four designated seating positions. Similarly, each lift area may be regarded as four designated seating positions.
3.6 Power Lifts and Ramps
3.6.1 The power lift (power up and gravity down with a manual backup system) shall be located on the right side of the bus body when not extended.
3.6.1.1 School buses with hydraulic brakes shall be equipped with a hydraulic brake interlock system meeting Americans with Disabilities Act (ADA) standards and ensure the lift can not operate unless the parking brake is set. The interlock shall be wired through the ignition switch.
3.6.1.2 A ramp device may be used in lieu of a mechanical lift if the ramp meets all the requirements of the Americans with Disabilities Act (ADA) as found in 36 CFR §1192.23 Vehicle ramp. (See NSTSP, Appendix D)
3.6.1.3 A ramp device which does not meet the specifications of ADA but does meet the specifications of paragraph 3.6.3 of this section may be installed and used, when, and only when, a power lift system is not adequate to load and unload students having special and unique needs. A readily accessible ramp may be installed for emergency exit use. If stowed in the passenger compartment, the ramp must be properly secured and placed away from general passenger contact. It must not obstruct or restrict any aisle or exit while in its stowed or deployed position.
3.6.1.4 All vehicles covered by this specification shall provide a level change mechanism or boarding device (e.g., lift or ramp) complying with paragraphs 3.6.2 or 3.6.3 of this section with sufficient clearances to permit a wheelchair or other mobility aid user to reach a securement location.
3.6.2 Vehicle lift
3.6.2.1 Design loads. The design load of the lift shall be at least 600 pounds. Working parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon which the lift depends for support of the load, shall have a safety factor of at least six, based on the ultimate strength of the material. Non working parts, such as platform, frame, and attachment hardware that would not be expected to wear, shall have a safety factor of at least three, based on the ultimate strength of the material.
3.6.2.2 Lift capacity: The lifting mechanism and platform shall be capable of lifting at least 800 pounds.
3.6.2.3 Controls: Controls shall be provided that enable the operator to activate the lift mechanism from either inside or outside the bus. The controls may be interlocked with the vehicle brakes, transmission or door, or they may provide other appropriate mechanisms or systems to ensure the vehicle cannot be moved when the lift is not stowed and so the lift cannot be deployed unless the interlocks or systems are engaged. The lift shall deploy to all levels (e.g., ground, curb, and intermediate positions) normally encountered in the operating environment. Where provided, each control for deploying, lowering, raising, and stowing the lift and lowering the roll off barrier shall be of a momentary contact type requiring continuous manual pressure by the operator and shall not allow improper lift sequencing when the lift platform is occupied. The controls shall allow reversal of the lift operation sequence, such as raising or lowering a platform that is part way down, without allowing an occupied platform to fold or retract into the stowed position.
3.6.2.3.1 Exception: Where the lift is designed to deploy with its long dimension parallel to the vehicle axis which pivots into or out of the vehicle while occupied (i.e., "rotary lift"), the requirements of this paragraph, prohibiting the lift from being stowed while occupied, shall not apply if the stowed position is within the passenger compartment and the lift is intended to be stowed while occupied.
3.6.2.4 Emergency operation: The lift shall incorporate an emergency method of deploying, lowering to ground level with a lift occupant, and raising and stowing the empty lift if the power to the lift fails. No emergency method, manual or otherwise, shall be capable of being operated in a manner that could be hazardous to the lift occupant or to the operator when operated according to manufacturer's instructions and shall not permit the platform to be stowed or folded when occupied, unless the lift is a rotary lift and is intended to be stowed while occupied. No manual emergency operation shall require more than 2 (two) minutes to lower an occupied wheelchair to ground level.
3.6.2.5 Power or equipment failure: Platforms stowed in a vertical position, and deployed platforms when occupied, shall have provisions to prevent their deploying, falling, or folding any faster than 12" per second or their dropping of an occupant in the event of a single failure of any load carrying component.
3.6.2.6 Platform barriers: The lift platform shall be equipped with barriers to prevent any of the wheels of a wheelchair or mobility aid from rolling off the platform during its operation. A movable barrier or inherent design feature shall prevent a wheelchair or mobility aid from rolling off the edge closest to the vehicle until the platform is in its fully raised position. Each side of the lift platform that extends beyond the vehicle in its raised position shall have a barrier with a minimum height of 1 ½". Such barriers shall not interfere with maneuvering into or out of the aisle. The loading edge barrier (outer barrier), which functions as a loading ramp when the lift is at ground level, shall be sufficient when raised or closed, or a supplementary system shall be provided, to prevent a power wheelchair or mobility aid from riding over or defeating it. The outer barrier of the lift shall automatically raise or close, or a supplementary system shall automatically engage, and remain raised, closed, or engaged at all times that the platform is more than 3" above the roadway or sidewalk and the platform is occupied. Alternatively, a barrier or system may be raised, lowered, opened, closed, engaged, or disengaged by the lift operator, provided an interlock or inherent design feature prevents the lift from rising unless the barrier is raised or closed or the supplementary system is engaged.
3.6.2.7 Platform surface: The platform surface shall be free of any protrusions over 1/4" high and shall be slip resistant. The platform shall have a minimum clear width of 32" at the platform to 30" above it, and a minimum clear length of 48" measured from 2" above the surface of the platform to 30" above the surface of the platform.
3.6.2.8 Platform gaps: Any openings between the platform surface and the raised barriers shall not exceed 5/8" in width. When the platform is at vehicle floor height with the inner barrier (if applicable) down or retracted, gaps between the forward lift platform edge and the vehicle floor shall not exceed ½ inch horizontally and 5/8 inch vertically. Platforms on semi automatic lifts may have a hand hold not exceeding 1 ½" by 4 ½" located between the edge barriers.
3.6.2.9 Platform entrance ramp: The outboard entrance ramp or loading edge barrier used as a ramp and the transition plate from the inboard edge of the platform to the vehicle floor shall not exceed a slope of 1:8, measured on level ground, for a maximum rise of 3", and the transition from roadway or sidewalk to ramp may be vertical without edge treatment up to 1/4". Thresholds between 1/4" and 1/2" high shall be beveled with a slope no greater than 1:2.
3.6.2.10 Platform deflection: The lift platform (not including the entrance ramp) shall not deflect more than 3 degrees (exclusive of vehicle roll or pitch) in any direction between its unloaded position and its position when loaded with 600 pounds applied through a 26" by 26" test pallet at the centroid of the platform.
3.6.2.11 Platform movement: No part of the platform shall move at a rate exceeding 6" per second while lowering and lifting an occupant, and shall not exceed 12" per second during deploying or stowing. This requirement does not apply to the deployment or stowage cycles of lifts that are manually deployed or stowed. The maximum platform horizontal and vertical acceleration when occupied shall be 0.3 g.
3.6.2.12 Boarding direction: The lift shall permit both inboard and outboard facing of wheelchair and mobility aid users.
3.6.2.13 Use by standees: Lifts shall accommodate persons using walkers, crutches, canes or braces, or who otherwise have difficulty using steps. The platform may be marked to indicate a preferred standing position.
3.6.2.14 Handrails: Platforms on lifts shall be equipped with handrails on two sides, which move in tandem with the lift, and which shall be graspable and provide support to standees throughout the entire lift operation. Handrails shall have a usable component at least 8" long with the lowest portion a minimum 30" above the platform and the highest portion a maximum 38" above the platform. The handrails shall be capable of withstanding a force of 100 pounds concentrated at any point on the handrail without permanent deformation of the rail or its supporting structure. The handrail shall have a cross sectional diameter between 1 1/4" and 1 1/2" or shall provide an equivalent grasping surface, and have eased edges with corner radii of not less than 1/8". Handrails shall be placed to provide a minimum 1 1/2" knuckle clearance from the nearest adjacent surface. Handrails shall not interfere with wheelchair or mobility aid maneuverability when entering or leaving the vehicle.
3.6.2.15 Circuit breaker: A resettable circuit breaker shall be installed between the power source and lift motor if electrical power is used. It shall be located as close to the power source as possible, but not within the passenger and driver compartment.
3.6.2.16 Excessive pressure: Lift design shall prevent excessive pressure that could damage the lift system when the platform is fully lowered or raised or that could jack the vehicle.
3.6.2.17 Documentation: The following information shall be provided with each vehicle equipped with a lift:
3.6.2.17.1 A phone number where information can be obtained about installation, repair, and parts. (Detailed written instructions and a parts list shall be available upon request.)
3.6.2.17.2 Detailed instructions regarding use of the lift and readily visible when the lift door is open, including a diagram showing the proper placement and positioning of wheelchair or mobility aids on lift.
3.6.2.18 Training materials: The lift manufacturer shall make available training materials to ensure the proper use and maintenance of the lift. These may include instructional videos, classroom curriculum, system test results, or other related materials.
3.6.2.19 Identification and certification: Each lift shall be permanently and legibly marked or shall incorporate a non removable label or tag that states that it conforms to all applicable requirements of the NSTSP. In addition, the lift manufacturer or an authorized representative, upon request of the original titled purchaser, shall provide a notarized Certificate of Conformance, either original or photocopied, which states that the lift system meets all the applicable requirements of the NSTSP.
3.6.3 Vehicle ramp
3.6.3.1 If a ramp is used, it shall be of sufficient strength and rigidity to support the special device, occupant, and attendant(s). It shall be equipped with a protective flange on each longitudinal side to keep special device on the ramp.
3.6.3.2 Floor of ramp shall be constructed of non skid material.
3.6.3.3 Ramp shall be equipped with handles and be of weight and design to permit one person to put ramp in place and return it to its storage place.
3.6.3.4 Ramps used for emergency evacuation purposes may be installed in raised floor buses by manufacturers. They shall not be used as a substitute for a lift when a lift is capable of servicing the need.
3.7 Regular Service Entrance
3.7.1 On power lift equipped vehicles, steps shall be the full width of the step well, excluding the thickness of doors in the open position.
3.7.2 A suitable device shall be provided at the front and rear of the stepwell to assist passengers during ingress or egress. This device shall allow for easy grasping or holding and shall have no openings or pinch points that might entangle clothing, accessories or limbs.
3.8 Restraining Devices
3.8.1 On power lift equipped vehicles, seat frames may be equipped with attachments or devices to which belts, restraining harnesses or other devices may be attached. Attachment framework or anchorage devices, if installed, shall conform to FMVSS 210.
3.8.2 Belt assemblies, if installed, shall conform to FMVSS 209.
3.8.3 Child restraint systems, which are used to facilitate the transportation of children who in other modes of transportation would be required to use a child, infant, or booster seat, shall conform to FMVSS 213.
3.9 Seating Arrangements: Flexibility in seat spacing to accommodate special devices shall be permitted to meet passenger requirements. All seating shall be forward facing.
3.10 Securement and Restraint System for Wheelchair or Mobility Aid and Occupant: For purposes of better understanding the various aspects and components of this section, the term securement or phrase securement system is used exclusively in reference to the device(s) which secures the wheelchair or mobility aid. The term restraint or phrase restraint system is used exclusively in reference to the device(s) used to restrain the occupant of the wheelchair or mobility aid. The phrase securement and restraint system is used to refer to the total system which secures and restrains both the wheelchair or mobility aid and the occupant.
3.10.1 Securement and restraint system, general
3.10.1.1 The Wheelchair or Mobility Aid Securement and Occupant Restraint System shall be designed, installed and operated to accommodate passengers in a forward facing orientation within the bus and shall comply with all applicable requirements of FMVSS 222. Gurney type devices shall be secured parallel to the side of each bus.
3.10.1.2 The securement and restraint system, including the system track, floor plates, pockets or other anchorages shall be provided by the same manufacturer, or shall be certified to be compatible by manufacturers of all equipment and systems used.
3.10.1.3 When a wheelchair or mobility aid securement device and an occupant restraint share a common anchorage, including occupant restraint designs that attach the occupant restraint to the securement device or the wheelchair or mobility aid, the anchorage shall be capable of withstanding the loads of both the securement device and occupant restraint applied simultaneously, in accordance with FMVSS 222. (See 3.10.2 and 3.10.3 of this section.)
3.10.1.4 When a wheelchair or mobility aid securement device (webbing or strap assembly) is shared with an occupant restraint, the wheelchair or mobility aid securement device (webbing or strap assembly) shall be capable of withstanding a force twice the amount as specified in §4.4(a) of FMVSS 209. (See 3.10.2 and 3.10.3 of this section.)
3.10.1.5 The bus body floor and sidewall structures where the securement and restraint system anchorages are attached shall have equal or greater strength than the load requirements of the system(s) being installed.
3.10.1.6 The occupant restraint system shall be designed to be attached to the bus body either directly or in combination with the wheelchair or mobility aid securement system, by a method which prohibits the transfer of weight or force from the wheelchair or mobility aid to the occupant in the event of an impact.
3.10.1.7 When an occupied wheelchair or mobility aid is secured in accordance with the manufacturer's instructions, the securement and restraint system shall limit the movement of the occupied wheelchair or mobility aid to no more than 2" in any direction under normal driving conditions.
3.10.1.8 The securement and restraint system shall incorporate an identification scheme that will allow for the easy identification of the various components and their functions. It shall consist of one of the following, or combination thereof:
3.10.1.8.1 The wheelchair or mobility aid securement (webbing or strap assemblies) and the occupant restraint belt assemblies shall be of contrasting color or color shade.
3.10.1.8.2 The wheelchair or mobility aid securement device (webbing or strap assemblies) and occupant restraint belt assemblies may be clearly marked to indicate the proper wheelchair orientation in the vehicle, and the name and location for each device or belt assembly, i.e., front, rear, lap belt, shoulder belt, etc.
3.10.1.9 All attachment or coupling devices designed to be connected or disconnected frequently shall be accessible and operable without the use of tools or other mechanical assistance.
3.10.1.10 All securement and restraint system hardware and components shall be free of sharp or jagged areas and shall be of a non corrosive material or treated to resist corrosion in accordance with §4.3(a) of FMVSS 209.
3.10.1.11 The securement and restraint system shall be located and installed such that when an occupied wheelchair or mobility aid is secured, it does not block access to the lift door.
3.10.1.12 A device for storage of the securement and restraint system shall be provided. When the system is not in use, the storage device shall allow for clean storage of the system, shall keep the system securely contained within the passenger compartment, shall provide reasonable protection from vandalism and shall enable the system to be readily accessed for use.
3.10.1.13 The entire securement and restraint system, including the storage device, shall meet the flammability standards established in FMVSS 302.
3.10.1.14 Each securement device (webbing or strap assembly) and restraint belt assembly shall be permanently and legibly marked or shall incorporate a non removable label or tag that states that it conforms to all applicable FMVSS requirements, as well as, the NSTSP. In addition, the system manufacturer, or an authorized representative, upon request by the original titled purchaser, shall provide a notarized Certificate of Conformance, either original or photocopied, which states that the wheelchair or mobility aid securement and occupants’ restraint system meets all of the requirements as specified in FMVSS 222 and the NSTSP.
3.10.1.15 The following information shall be provided with each vehicle equipped with a securement and restraint system:
3.10.1.15.1 A phone number where information can be obtained about installation, repair, and parts. (Detailed written instructions and a parts list shall be available upon request).
3.10.1.15.2 Detailed instructions regarding use, including a diagram showing the proper placement of the wheelchair or mobility aids and positioning of securement devices and occupant restraints, including correct belt angles.
3.10.1.16 The system manufacturer shall make available training materials to ensure the proper use and maintenance of the wheelchair or mobility aid securement and occupant restraint system. These may include instructional videos, classroom curriculum, system test results or other related materials.
3.10.2 Wheelchair or Mobility aid Securement System
3.10.2.1 Each location for the securement of a wheelchair or mobility aid shall consist of a minimum of four anchorage points. A minimum of two anchorage points shall be located in front of the wheelchair or mobility aid and a minimum of two anchorage points shall be located in the rear. The securement anchorages shall be attached to the floor of the vehicle and shall not interfere with passenger movement or present any hazardous condition.
3.10.2.2 Each securement system location shall have a minimum clear floor area of 30" by 48". Additional floor area may be required for some applications. Consultation between the user and the manufacturer is recommended to ensure adequate area is provided.
3.10.2.3 The securement system shall secure common wheelchair or mobility aids and shall be able to be attached easily by a person who has average dexterity and who is familiar with the system and wheelchair or mobility aid.
3.10.2.4 As installed, each securement anchorage shall be capable of withstanding a minimum force of 3,000 pounds when applied as specified in FMVSS 222. When more than one securement device shares a common anchorage, the anchorage shall be capable of withstanding the force indicated above, multiplied by the number of securement devices sharing that anchorage.
3.10.2.5 Each securement device, if incorporating webbing or a strap assembly, shall comply with the requirements for Type 1 lap belt systems, in accordance with §4.2, §4.3, and §4.4(a) of FMVSS 209.
3.10.2.6 The securement system shall secure the wheelchair or mobility aid in such a manner that the attachments or coupling hardware will not become detached when any wheelchair or mobility aid component deforms, when one or more tires deflate, and without intentional operation of a release mechanism (e.g., a spring clip on a securement hook).
3.10.2.7 Each securement device (webbing or strap assembly) shall be capable of withstanding a minimum force of 2500 pounds when tested in accordance with FMVSS 209.
3.10.2.8 Each securement device (webbing or strap assembly) shall provide a means of adjustment, of manufacturer's design, to remove slack from the device or assembly.
3.10.3 Occupant Restraint System
3.10.3.1 A Type 2A lap and shoulder restraint system that meets all applicable requirements of FMVSS 209 and 210 shall provide for restraint of the occupant.
3.10.3.2 The occupant restraint system shall be made of materials which do not stain, soil or tear an occupant's clothing, and shall be resistant to water damage and fraying.
3.10.3.3 Each restraint system location shall have not less than one anchorage of manufacturer's design for the upper end of the upper torso restraint.
3.10.3.3.1 The anchorage for each occupant's upper torso restraint shall be capable of withstanding a minimum force of 1500 pounds when applied as specified in FMVSS 222.
3.10.3.4 Each wheelchair or mobility aid location shall have not less than two floor anchorages for the occupant pelvic restraint and the connected upper torso restraint.
3.10.3.4.1 Each floor anchorage shall be capable of withstanding a minimum force of 3,000 pounds when applied as specified in FMVSS 222.
3.10.3.4.2 When more than one occupant restraint shares a common anchorage, the anchorage shall be capable of withstanding a minimum force of 3000 pounds multiplied by the number of occupant restraints sharing the common anchorage in accordance with FMVSS 222.
3.10.3.5 Each floor and wall anchorage that secures the occupant restraint to the vehicle which is not permanently attached, shall be of a "positive latch" design and shall not allow for any accidental disconnection.
3.10.4 Dynamic Testing
3.10.4.1 The wheelchair or mobility aid securement and occupant restraint system shall be subjected to and successfully pass a dynamic sled test at a minimum impact speed divided by deceleration of 30 mph divided by 20g's.
3.10.4.2 The dynamic test shall be performed by experienced personnel using an impact simulator with proven ability to provide reliable, accurate test results that can be replicated.
3.10.4.3 The dynamic test shall be performed in accordance with the procedures set forth in Appendix A of SAE J2249 "Test for Frontal Impact Crash Worthiness."
3.10.4.4 The wheelchair or mobility aid used for testing purposes shall be a rigid, reusable surrogate wheelchair that complies with the requirements of Appendix D of SAE J2249 "Specification for Surrogate Wheelchair."
3.10.4.5 The dynamic test shall be performed using system assemblies, components and attaching hardware that are identical to the final installation in type, configuration and positioning. The body structure at the anchorage points may be simulated for the purpose of the sled test.
3.10.4.6 When tested, the wheelchair or mobility aid securement and occupant restraint system shall pass the criteria specified in Section 6.2 of SAE J2249 "Performance Requirements of Frontal Sled Impact Test." Following is an abridged summary of the criteria. (See NSTSP, Appendix D)
3.10.4.6.1 Retain the test dummy in the test wheelchair and on the test sled with the test wheelchair in an upright position.
3.10.4.6.2 Do not show any fragmentation or complete separation of any load carrying part.
3.10.4.6.3 Do not allow the horizontal excursions of the test dummy and the test wheelchair to exceed specified limits.
3.10.4.6.4 Prevent the test wheelchair from imposing forward loads on the test dummy.
3.10.4.6.5 Allow removal of the test dummy and the test wheelchair, subsequent to the test, without the use of tools.
3.11 Special Light: Doorways in which lifts are installed shall have for use during lift operation a special light providing a minimum of 2 foot candles of illumination measured on the floor of the bus immediately adjacent to the lift and on the lift when deployed at the vehicle floor level.
3.12 Special Service Entrance
3.12.1 Power lift equipped bodies shall have a special service entrance to accommodate the power lift.
Exception: If the lift is designed to operate within the regular service entrance, and is capable of stowing such that the regular service entrance is not blocked in any way, and that persons entering or exiting the bus are not impeded in any way, a special service entrance shall not be required.
3.12.2 The special service entrance and door shall be located on the right side of the bus and shall be designed so as not to obstruct the regular service entrance.
3.12.3 The opening may extend below the floor through the bottom of the body skirt. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings.
3.12.4 A drip molding shall be installed above the opening to effectively divert water from the entrance.
3.12.5 Door posts and headers at the entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for special service entrance.
3.13 Special Service Entrance Doors
3.13.1 A single door shall be used for the special service entrance. They shall have rub rails.
3.13.2 There shall be a 57" door height opening.
3.13.3 A single door shall be hinged to the forward side of the entrance unless doing so would obstruct the regular service entrance. If the door is hinged to the rearward side of the doorway, the door shall utilize a safety mechanism which will prevent the door from swinging open should the primary door latch fail.
3.13.4 All doors shall have positive fastening devices to hold doors in the “open” position.
3.13.5 All doors shall be weather sealed.
3.13.6 Door materials, panels and structural strength shall be equivalent to the conventional service and emergency doors. Color, rub rail extensions, lettering and other exterior features shall match adjacent sections of the body.
3.13.7 Each door shall have windows set in rubber which are visually similar in size and location to adjacent non door windows. Glazing shall be of same type and tinting (if applicable) as standard fixed glass in other body locations.
3.13.8 Door(s) shall be equipped with a device that will actuate an audible or flashing signal located in the driver's compartment when door(s) is not securely closed and ignition is in "on" position.
3.13.9 A switch shall be installed so that the lifting mechanism will not operate when the lift platform door(s) is closed.
3.13.10 Special service entrance doors shall be equipped with padding at the top edge of the door opening. Padding shall be at least 3" wide and 1" thick and extend the full width of the door opening.
5 DE Reg. 879 (10/1/01)
7 DE Reg. 933 (1/1/04)
16 DE Reg. 416 (10/01/12)
### **1103** Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007 (Terminology and School Bus Types are Those Described in the National School Transportation Specifications and Procedures (NSTSP), May 2005).
##### **14 Del. Admin. Code § 1103** Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007 (Terminology and School Bus Types are Those Described in the National School Transportation Specifications and Procedures (NSTSP), May 2005). {#sec-1103 omnilex-key=us-de-regs-official--title-14--1103}
Transportation
1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007 (Terminology and School Bus Types are Those Described in the National School Transportation Specifications and Procedures (NSTSP), May 2005).
Multifunction School Activity Buses shall also meet all of the following school bus chassis and body standards.
1.0 Bus Chassis Standards
1.1 Air Cleaner
1.1.1 A dry element type air cleaner shall be provided.
1.1.2 All diesel engine air filters shall include a latch type restriction indicator that retains the maximum restriction developed during operation of the engine. The indicator shall include a reset control so the indicator can be returned to zero when desired.
1.2 Axles: The front and rear axle and suspension systems shall have a Gross Axle Weight Rating (GAWR) at ground commensurate with the respective front and rear weight loads of the bus loaded to the rated passenger capacity.
1.2.1 All buses with a capacity of 66 passengers or greater shall have a 9,000 pound front axle minimum.
1.3 Brakes, General
1.3.1 The chassis brake system shall conform to the provisions of Federal Motor Vehicle Safety Standard (FMVSS) Nos. 105, Hydraulic and Electric Brake Systems,106, Brake Hoses, and 121, Air Brake Systems, as applicable.
1.3.2 The antilock brake system (ABS), provided in accordance with FMVSS No. 105, Hydraulic and Electric Brake Systems, or No. 121, Air Brake Systems, shall provide wheel speed sensors for each front wheel and for each wheel on at least one rear axle. The system shall provide antilock braking performance for each wheel equipped with sensors (Four Channel System).
1.3.3 All brake systems shall be designed to permit visual inspection of brake lining wear without removal of any chassis component(s).
1.3.4 The brake lines, booster assist lines, and control cables shall be protected from excessive heat, vibration and corrosion and installed in a manner that prevents chafing.
1.3.5 The parking brake system for either air or hydraulic service brake systems may be of a power assisted design. The power parking brake actuator should be a device located on the instrument panel within reach of a seated 5th percentile female driver. As an option, the parking brake may be set by placing the automatic transmission shift control mechanism in the “park” position.
1.3.6 The power operated parking brake system may be interlocked to the engine key switch. Once the parking brake has been set and the ignition switch turned to the “off” position, the parking brake cannot be released until the key switch is turned back to the “on” position.
1.4 Brakes, Hydraulic: Buses using a hydraulic assist brake shall be equipped with audible and visible warning signals that provide a continuous warning to the driver indicating a loss of fluid flow from the primary source or a failure of the back up pump system.
1.5 Brakes, Air
1.5.1 The air pressure supply system shall include a desiccant type air dryer installed according to the manufacturer’s recommendations. The air pressure storage tank system may incorporate an automatic drain valve.
1.5.2 The chassis manufacturer shall provide an accessory outlet for air operated systems installed by the body manufacturer. This outlet shall include a pressure protection valve to prevent loss of air pressure in the service brake reservoir.
1.5.3 For air brake systems, an air pressure gauge shall be provided in the instrument panel capable of complying with Commercial Driver’s License (CDL) pretrip inspection requirements.
1.5.4 Air brake equipped buses shall be equipped with a service brake interlock, so that the parking brake cannot be released until the brake pedal is depressed.
1.5.5 Air brake systems shall include a system for anti compounding of the service brakes and parking brakes.
1.5.6 Air brakes shall have both a visible and audible warning device whenever the air pressure falls below the level where warnings are required under FMVSS No. 121, Air Brake Systems.
1.6 Bumper Front
1.6.1 School buses shall be equipped with a heavy duty front bumper. The front bumper shall be furnished by the chassis manufacturer for all school bus types unless there is a specific alternate agreement between the chassis manufacturer and body manufacturer.
1.6.2 The front bumper on buses of Type A-2 (with a GVWR greater than 14,500 pounds), Type B, Type C, and Type D shall be equivalent in strength and durability to pressed steel channel at least 3/16 inches thick and not less than 8 inches wide (high). It shall extend beyond the forward most part of the body, grille, hood, and fenders and shall extend to outer edges of the fenders at the bumper's top line.
1.6.3 Type A buses having a GVWR of 14,500 pounds or less may be equipped with an OEM supplied front bumper. The front bumper shall be of sufficient strength to permit being pushed by another vehicle on a smooth surface with a 5 degree, (8.7 percent) grade, without permanent distortion. The contact point on the front bumper is intended to be between the frame rails, with as wide a contact area as possible. If the front bumper is used for lifting, the contact points shall be under the bumper attachments to the frame rail brackets unless the manufacturer specifies different lifting points in the owner's manual. Contact and lifting pressures should be applied simultaneously at both lifting points.
1.6.4 The front bumper, except breakaway bumper ends, shall be of sufficient strength to permit pushing a vehicle of equal gross vehicle weight, per 1.6.2 and 1.6.3, without permanent distortion to the bumper, chassis or body.
1.6.5 The bumper shall be designed or reinforced so that it will not deform when the bus is lifted by a chain that is passed under the bumper (or through the bumper if holes are provided for this purpose) and attached to both tow hooks eyes. For the purpose of meeting this standard, the bus shall be empty and positioned on a level, hard surface and both tow hooks eyes shall share the load equally.
1.7 Certification: Upon request of the Delaware Department of Education, the chassis manufacturer shall certify that its product meets the state’s minimum standards on items not covered by the FMVSS certification requirements of 49 CFR, Part 567.
1.8 Clutch
1.8.1 Clutch torque capacity shall be equal to or greater than the engine torque output.
1.8.2 A starter interlock shall be installed to prevent actuation of the starter if the clutch pedal is not depressed.
1.9 Color
1.9.1 The chassis, including wheels and front bumper, shall be black. Body cowl, hood and fenders shall be in National School Bus Yellow (NSBY). The flat top surface of the hood may be painted with nonreflective NSBY. (See Appendix B, 2005 National School Transportation Specifications and Procedures (NSTSP)).
1.9.2 Wheels shall be black or aluminum.
1.9.3 Wheel covers shall not be permitted and hubs and lug nuts shall be exposed.
1.9.4 Buses shall be equipped with mud flaps. They shall be black except they may have manufacturer’s logo or name in white or yellow.
1.10 Daytime Running Lamps: Head lamps shall be provided with a switch to automatically operate the lamps when the vehicle is placed in gear or the parking brake is released. If this switch is designed to provide reduced illumination under normal operating conditions, a means whereby the head lamps can be engaged at full power shall be provided.
1.11 Drive Shaft: The drive shaft shall be protected by a metal guard or guards around the circumference of the drive shaft to reduce the possibility of its whipping through the floor or dropping to the ground, if broken.
1.12 Electrical System
1.12.1 Battery
1.12.1.1 Buses shall be equipped with a minimum of two batteries having a minimum total cold cranking capacity rating of 1100 CCA (cold cranking amps).
1.12.1.2 Since all batteries are to be secured in a sliding tray in the body, chassis manufacturers shall mount the battery temporarily on the chassis frame, except that van conversion or cutaway front section chassis may be secured in accordance with manufacturer's standard configuration. In these cases, the final location of the battery and the appropriate cable lengths shall be agreed upon mutually by the chassis and body manufacturers. However, in all cases the battery cable provided with the chassis shall have sufficient length to allow some slack, and be of sufficient gauge to carry the required amperage.
1.12.2 Alternator
1.12.2.1 All Type A-2 and Type B buses with a GVWR of 15,000 pounds or less shall have a minimum 130 ampere alternator
1.12.2.2 Type A-2 and Type B buses over 15,000 pounds GVWR and all Type C and Type D buses shall be equipped with a heavy duty truck or bus type alternator having a minimum output rating of 130 amperes or higher, and should produce a minimum current output of 50 percent of the rating at engine idle speed.
1.12.2.3 Buses equipped with an electrically powered wheelchair lift, air conditioning or other accessories may be equipped with a device that monitors the electrical system voltage and advances the engine idle speed when the voltage drops to, or below, a preset level.
1.12.2.4 Buses equipped with an electrically powered wheelchair lift shall have a minimum 175 ampere alternator
1 12.2.5 A belt alternator drive shall be capable of handling the rated capacity of the alternator with no detrimental effect on any other driven components. (For estimating required alternator capacity, see School Bus Manufacturers Technical Council’s (SBMTC) publication, “School Bus Technical Reference,” available at http://www.nasdpts.org)
1.12.2.6 A direct drive alternator is permissible in lieu of a belt driven alternator.
1.12.3 Electrical Components: Materials in all electrical components shall contain no mercury.
1.12.4 Wiring
1.12.4.1 All wiring shall conform to current applicable recommended practices of the Society of Automotive Engineers (SAE).
1.12.4.1.1 All wiring shall use color and at least one other method for identification. The other method shall be either a number code or name code, and each chassis shall be delivered with a wiring diagram that illustrates the wiring of the chassis.
1.12.4.1.2 Body accessories shall be wired through the ignition switch and the clearance lights through a separate switch wired through the electronic controlled body solenoid module.
1.12.4.2 The chassis manufacturer of an incomplete vehicle shall install a readily accessible terminal strip or connector on the body side of the cowl or in an accessible location in the engine compartment of vehicles designed without a cowl. The strip or connector shall contain the following terminals for the body connections:
1.12.4.2.1 Main 100 amp body circuit;
1.12.4.2.2 Tail lamps;
1.12.4.2.3 Right turn signal;
1.12.4.2.4 Left turn signal;
1.12.4.2.5 Stop lamps;
1.12.4.2.6 Backup lamps; and
1.12.4.2.7 Instrument panel lights (rheostat controlled by headlamp switch)
1.12.5 Circuits
1.12.5.1 An appropriate identifying diagram (color plus a name or number code) for all chassis electrical circuits shall be provided to the body manufacturer for distribution to the end user.
1.12.5.1.1 Wiring for the headlamp system must be separate from the electronic controlled body solenoid module.
1.13 Engine: All engines shall have an engine block heater.
1.14 Engine Fire Extinguisher: The chassis manufacturer may provide an automatic fire extinguisher system in the engine compartment.
1.15 Exhaust System
1.15.1 The exhaust pipe, muffler and tailpipe shall be outside the bus body compartment and shall be attached to the chassis so any other chassis component is not damaged.
1.15.2 The tailpipe shall be constructed of a corrosion resistant tubing material at least equal in strength and durability to 16 gauge steel tubing of equal diameter.
1.15.3 Chassis manufacturers shall furnish an exhaust system with a tailpipe of sufficient length to exit to the left or right of the emergency exit door in the rear of the vehicle. The tailpipe shall extend at least five inches beyond the end of the chassis frame.
1.15.3.1 On Types C and D vehicles, the tailpipe shall not exit beneath a fuel fill or emergency door exit.
1.15.3.2 Types A and B chassis may be furnished with the manufacturer's standard tailpipe configuration.
1.15.3.3 Chassis manufacturers may furnish a tailpipe that exits through the rear bumper.
1.15.4 The exhaust system on a chassis shall be adequately insulated from the fuel system.
1.15.5 The muffler shall be constructed of corrosion resistant material.
1.15.6 The exhaust system on the chassis may be routed to the left of the right frame rail to allow for the installation of a power lift unit on the right side of the vehicle.
1.15.7 The tailpipe may be flush with, but shall not extend out more than two inches beyond the bumper.
1.16 Fenders, Front Type C Vehicles
1.16.1 When measured at the fender line, the total spread of the outer edges of front fenders shall exceed the total spread of front tires when front wheels are in a straight ahead position.
1.16.2 Front fenders shall be properly braced and shall not require attachment to any part of the body.
1.17 Frame
1.17.1 Frame lengths shall be established in accordance with the design criteria for the complete vehicle.
1.17.2 Making holes in top or bottom flanges or side units of the frame and welding to the frame shall not be permitted except as provided or accepted by the chassis manufacturer.
1.17.3 Frames shall not be modified for the purpose of extending the wheel base.
1.17.4 Any secondary manufacturer that modifies the original chassis frame shall provide a warranty at least equal to the warranty offered by the original equipment manufacturer (OEM), and shall certify that the modification and other parts or equipment affected by the modification shall be free from defects in material and workmanship under normal use and service intended by the OEM.
1.18 Fuel System
1.18.1 Fuel tank(s) for school buses with capacity of 36 passengers and above having a minimum 60 gallon capacity shall be provided by the chassis manufacturer. School buses less than a capacity of 36 shall have a manufacturer’s standard fuel tank. Each tank shall be filled from and vented to the outside of the passenger compartment and each fuel filler shall be placed in a location where accidental fuel spillage will not drip or drain on any part of the exhaust system.
1.18.2 The fuel system shall comply with FMVSS No. 301, Fuel System Integrity.
1.18.3 Fuel tank(s) may be mounted between the chassis frame rails or outboard of the frame rails on either the left or right side of the vehicle.
1.18.4 The actual draw capacity of each fuel tank shall be a minimum of 83% of the tank capacity.
1.18.5 Installation of alternative fuel systems, including fuel tanks and piping from tank to the engine, shall comply with all applicable fire codes in effect on the date of manufacture of the bus.
1.18.6 Fuel gauges must be calibrated for size of tank used. If more than one tank is used, there must be a gauge for each tank.
1.18.7 Installation of Liquified Petroleum Gas (LPG) tanks shall comply with National Fire Protection Association (NFPA) 58, Liquified Petroleum Gas Code.
1.18.8 Installation of Compressed natural gas (CNG) containers shall comply with FMVSS No. 304, Compressed Natural Gas Fuel Container Integrity.
1.18.9 The CNG Fuel System shall comply with FMVSS No. 303, Fuel System Integrity of Compressed Natural Gas Vehicles.
1.19 Governor: An electronic engine speed limiter shall be provided and set to limit engine speed, not to exceed the maximum revolutions per minute, as recommended by the engine manufacturer.
1.20 Heating System, Provision For: The chassis engine shall have plugged openings for the purpose of supplying hot water for the bus heating system. The openings shall be suitable for attaching 3/4 inch pipe thread hose connectors. The engine shall be capable of supplying coolant at a temperature of at least 170 degrees Fahrenheit at the engine cooling thermostat opening. The coolant flow rate shall be 50 pounds per minute at the return end of 30 feet of one inch inside diameter automotive hot water heater hose. (See SBMTC-001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment.)
1.21 Horn: The bus shall be equipped with a horn(s) of standard make with the horn(s) capable of producing a complex sound in bands of audio frequencies between 250 and 2,000 cycles per second and tested in accordance with SAE J377, Horn Forward Warning Electric Performance, Test, and Application.
1.22 Instruments and Instrument Panel
1.22.1 The chassis shall be equipped with the instruments and gauges listed below. (Telltale warning lamps in lieu of gauges are not acceptable, except as noted):
1.22.1.1 Speedometer;
1.22.1.2 Odometer which will give accrued mileage (to seven digits), including tenths of miles, unless tenths of miles are registered on a trip odometer. Odometer is to be able to be read without using a key;
1.22.1.3 Tachometer (Note: For Types B, C, and D buses, a tachometer shall be installed so as to be visible to the driver while seated in a normal driving position.);
1.22.1.4 Voltmeter (Note: An ammeter with graduated charge and discharge indications is permitted in lieu of a voltmeter; however, when used, the ammeter wiring must be compatible with the current flow of the system);
1.22.1.5 Oil pressure gauge;
1.22.1.6 Water temperature gauge;
1.22.1.7 Fuel gauge;
1.22.1.8 Upper beam headlight indicator;
1.22.1.9 Brake air pressure gauge and low pressure lamp (air brakes), or brake indicator lamp (hydraulic brakes);
1.22.1.10 Turn signal indicator; and
1.22.1.11 Glow plug indicator light, where appropriate
1.22.2 All instruments shall be easily accessible for maintenance and repair.
1.22.3 The instruments and gauges shall be mounted on the instrument panel so that each is clearly visible to the driver while seated in a normal driving position.
1.22.4 Instruments and controls must be illuminated as required by FMVSS No. 101, Controls and Displays.
1.22.5 Multi function gauge (MFG)
1.22.5.1 The driver must be able to manually select any displayable function of the gauge on a MFG, whenever desired.
1.22.5.2 Whenever an out of limits condition that would be displayed on one or more functions of a MFG occurs, the MFG controller should automatically display this condition on the instrument cluster. This should be in the form of an illuminated telltale warning lamp, as well as having the MFG automatically display the out of limits indications. If two or more functions displayed on the MFG go out of limits simultaneously, then the MFG should sequence automatically between those functions continuously until the condition(s) are corrected.
1.22.5.3 The use of a MFG does not relieve the need for audible warning devices, where required.
1.23 Oil Filter: An oil filter with a replaceable element shall be provided and connected by flexible oil lines if it is not a builtin or an engine mounted design. The oil filter shall have a capacity in accordance with the engine manufacturer’s recommendation.
1.24 Openings: All openings in the floorboard or firewall between chassis and the passenger compartment (e.g. for gearshift selector and parking brake lever) shall be sealed.
1.25 Passenger Load
1.25.1 The actual gross vehicle weight (GVW) is the sum of the chassis weight plus the body weight, plus the driver's weight, plus total seated student weight. For purposes of calculation, the driver's weight is 150 pounds and the student weight is 120 pounds per student.
1.25.2 Actual GVW shall not exceed the chassis manufacturer's GVWR for the chassis, nor shall the actual weight carried on any axle exceed the chassis manufacturer's Gross Axle Weight Rating (GAWR).
1.25.3 The manufacturer's GVWR for a particular school bus shall be furnished by manufacturers in duplicate (unless more copies are requested) to the Delaware Department of Education. The Department of Education shall, in turn, transmit such ratings to the Delaware Department of Transportation, Division of Motor Vehicles.
1.26 Power and Grade Ability:
1.26.1 GVWR shall not exceed 185 pounds per published net horsepower of the engine at the manufacturer's recommended maximum number of revolutions per minute.
1.26.2 For school buses with less than 36 passenger capacity, the minimum power plant shall be 160 hp engine or equal.
1.26.3 For school buses with a capacity of 36 passengers or greater, the engine will produce at least 190 hp measured at an RPM not to exceed 2,600 and generate at least 420 foot pounds of torque.
1.27 Retarder System: A retarder system, if used, shall limit the speed of a fully loaded school bus to 19.0 mph on a 7% grade for 3.6 miles.
1.28 Road Speed Control: The bus shall be equipped with a vehicle speed limiter to accurately control vehicle maximum speed to 65 miles per hour.
1.29 Shock Absorbers: The bus shall be equipped with double action shock absorbers compatible with the manufacturer's rated axle capacity at each wheel location.
1.30 Steering Gear
1.30.1 The steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when the vehicle is operated with maximum load and at maximum speed.
1.30.2 If external adjustments are required, the steering mechanism shall be accessible to make adjustments.
1.30.3 Changes shall not be made to the steering apparatus which are not approved by the chassis manufacturer.
1.30.4 There shall be a clearance of at least 2 inches between the steering wheel and cowl, instrument panel, windshield or any other surface.
1.30.5 Power steering is required and shall be of the integral type with integral valves.
1.30.6 The steering system shall be designed to provide a means for lubrication of all wear points that are not permanently lubricated.
1.30.7 On Type C and D buses, the steering column wheel shall have tilt capability and may have telescopic capability.
1.31 Suspension Systems
1.31.1 The capacity of springs or suspension assemblies shall be commensurate with the chassis manufacturer's GVWR.
1.31.2 Rear leaf springs shall be of a progressive rate or multi stage design. Front leaf springs shall have a stationary eye at one end and shall be protected by a wrapped leaf, in addition to the main leaf.
1.32 Throttle: The force required to operate the throttle shall not exceed 16 pounds throughout the full range of accelerator pedal travel.
1.33 Tires and Rims
1.33.1 Rims and tires of the proper size and load rating commensurate with chassis manufacturer's GVWR shall be provided. All wheel rims shall be the same size to allow for interchangeability. The use of multi piece rims shall not be permitted.
1.33.2 Dual rear tires shall be provided on Type A-2, Type B, Type C, and Type D school buses.
1.33.3 All tires on a vehicle shall be tubeless radials and be of the same size, and the load range of the tires shall meet or exceed the GVWR, as required by FMVSS No. 120, Tire Selection and Rims for Vehicles other than Passenger Car.
1.33.4 If the vehicle is equipped with a spare tire and rim assembly, it shall be the same size as those mounted on the vehicle.
1.33.5 If a tire carrier is required, it shall be suitably mounted in an accessible location outside of the passenger compartment.
1.34 Tow Eyes or Hooks: Tow eyes or hooks shall be furnished and attached so they do not project beyond the front bumper. Tow eyes or hooks attached to the frame chassis shall be furnished by the chassis manufacturer. This installation shall be in accordance with the chassis manufacturer's specifications. Tow hooks or eyes shall have an individual strength rating of 13,500 pounds each, for a combined rating of 27,000 pounds. For pulling and lifting purposes, tow hooks are meant to be used simultaneously. For pulling, angularity applied to the tow hooks will decrease the capacities of the tow hooks. (Note: Type A buses are exempt from this requirement for front tow hooks or eyes due to built in crush zones.)
1.35 Transmission
1.35.1 Automatic transmissions shall have no fewer than three forward speeds and one reverse speed. Mechanical shift selectors shall provide a detent between each gear position when the gear selector quadrant and shift selector are not steering column mounted.
1.35.2 In manual transmissions, second gear and higher shall be synchronized, except when incompatible with engine power. A minimum of five forward speeds and one reverse speed shall be provided.
1.35.3 Automatic transmissions incorporating a parking pawl shall have a transmission shift interlock controlled by the application of the service brake to prohibit accidental engagement of the transmission. All non park pawl transmissions shall incorporate a park brake interlock that requires the service brake to be applied to allow release of the parking brake.
1.36 Turning Radius
1.36.1 A chassis with a wheelbase of 264 inches or less shall have a right and left turning radius of not more than 42 1/2 feet, curb to curb measurement.
1.36.2 A chassis with a wheelbase of 265 inches or more shall have a right and left turning radius of not more than 44 1/2 feet, curb to curb measurement.
1.37 Undercoating: The chassis manufacturers, or their agents, shall coat the undersides of steel or metallic constructed front fenders with a rust proofing compound, for which the compound manufacturer has issued notarized certification of compliance to chassis builder that the compound meets or exceeds all performance and qualitative requirements of paragraph 3.4 of Federal Specification TT-C-520B, Coating Compound, Bituminous, Solvent Type, Underbody, using modified tests.
2.0 Bus Body Standards
2.1 Aisle
2.1.1 All emergency exit doors shall be accessible by a 12 inch minimum aisle. The aisle shall be unobstructed at all times by any type of barrier, seat, wheelchair or tiedown. The track of a track seating system is exempt from this requirement.
2.1.2 Flip seats shall not be used.
2.1.3 The seat backs shall be slanted sufficiently to give aisle clearance of 15 inches at tops of seat backs.
2.2 Back Up Warning Alarm: An automatic audible alarm shall be installed behind the rear axle and shall comply with the published Backup Alarm Standards (SAE J994b), providing a minimum of 112 dBA, or shall have a variable volume feature that allows the alarm to vary from 87 dBA to 112 dBA sound level, staying at least 5 dBA above the ambient noise level.
2.3 Battery
2.3.1 The battery is to be furnished by the chassis manufacturer.
2.3.2 When the battery is mounted as described in the “Bus Chassis Standards”, the body manufacturer shall securely attach the battery on a slide out or swing out tray in a closed, vented compartment in the body skirt, so that the battery is accessible for convenient servicing from the outside. The battery compartment door or cover shall be hinged at the front or top and shall be secured by an adequate and conveniently operated latch or other type fastener. Battery cables installed by the body manufacturer shall meet chassis manufacturer and SAE requirements. Battery cables shall be of sufficient length to allow the battery tray to fully extend. The battery compartment is required on Type A-1 diesel buses.
2.3.3 Buses may be equipped with a battery shut off switch. The switch is to be placed in a location not readily accessible to the driver or passengers.
2.4 Bumper (Front)
2.4.1 If the chassis manufacturer does not provide a bumper on a Type D school bus, the bumper shall be provided by the body manufacturer. The bumper shall conform to the standards described in the “Bus Chassis Standards”.
2.5 Bumper (Rear)
2.5.1 The bumper on Type A-1 buses shall be a minimum of 8 inches wide (high). Bumpers on Types A-2, B, C and D buses shall be a minimum of 9 ½ inches wide (high). The bumper shall be of sufficient strength to permit being pushed by another vehicle of similar size and being lifted by the bumper without permanent distortion.
2.5.2 The bumper shall wrap around the back corners of the bus. It shall extend forward at least 12 inches, measured from the rear most point of the body at the floor line, and shall be mounted flush with the sides of the body or protected with an end panel.
2.5.3 The bumper shall be attached to the chassis frame in such a manner that it may be removed. It shall be braced to resist deformation of the bumper resulting from impact from the rear or the side. It shall be designed to discourage hitching of rides by an individual.
2.5.4 The bumper shall extend at least 1 inch beyond the rear most part of the body surface measured at the floor line.
2.5.5 The bottom of the rear bumper shall not be more than 30 inches above the ground level.
2.6 Ceiling: See “Insulation and Interior”, this section.
2.7 Certification: Upon request from the Delaware Department of Education, the body manufacturer shall certify that its product meets state standards on items which are not covered by FMVSS certification requirements of 49 CFR, Part 567, Certification.
2.8 Chains (Tire): See “Wheelhousing”, this section.
2.9 Color
2.9.1 The school bus body shall be painted National School Bus Yellow (NSBY). (See NSTSP, Appendix B)
2.9.2 The body exterior paint trim, bumper, lamp hoods, rub rails, emergency door arrow, and lettering shall be black. (See illustration in NSTSP, Appendix B)
2.9.3 Except for the front and rear roof caps, which shall be NSBY the roof of the bus may be painted white. The white roof shall terminate no lower than 6 inches above the dip rail.
2.10 Communications: Buses shall be equipped with a radio (non CB) or telephonic communication device. It will be added by the school district, school, or contractor.
2.11 Construction
2.11.1 Side Intrusion Test:
2.11.1.1 The bus body shall be constructed to withstand an intrusion force equal to the curb weight of the vehicle or 20,000 pounds, whichever is less. Each vehicle shall be capable of meeting this requirement when tested in accordance with the procedures set forth below.
2.11.1.2 The complete body structure, or a representative seven body section mock up with seats installed, shall be load tested at a location 24 + or 2 inches above the floor line, with a maximum 10 inch diameter cylinder, 48 inches long, mounted in a horizontal plane.
2.11.1.3 The cylinder shall be placed as close as practical to the mid point of the tested structure, spanning two internal vertical structural members. The cylinder shall be statically loaded to the required force of curb weight or 20,000 pounds, whichever is less, in a horizontal plane with a load applied from the exterior toward the interior of the test structure. When the minimum load has been applied, the penetration of the loading cylinder into the passenger compartment shall not exceed ten inches from its original point of contact. There can be no separation of lapped panels or construction joints. Punctures, tears or breaks in the external panels are acceptable but are not permitted on any adjacent interior panel.
2.11.1.4 Body companies shall certify compliance with this intrusion requirement and include test results, as requested.
2.11.2 Construction shall be reasonably dust proof and watertight.
2.12 Crossing Control Arm
2.12.1 Buses shall be equipped with a crossing control arm mounted on the right side of the front bumper. When opened, the arm shall extend in a line parallel to the body side and aligned with the right front wheels.
2.12.2 All components of the crossing control arm and all connections shall be weatherproofed.
2.12.3 The crossing control arm shall incorporate system connectors (electrical, vacuum, or air) at the gate and shall be easily removable to allow for towing of the bus.
2.12.4 The crossing control arm shall be constructed of non corrodible or nonferrous material, or treated in accordance with the body sheet metal standard (see “Metal Treatment”, this section).
2.12.5 There shall be no sharp edges or projections that could cause injury or be a hazard to students. The end of the arm shall be rounded.
2.12.6 The crossing control arm shall extend minimum of 70 inches (measured from the bumper at the arm assembly attachment point) when in the extended position. The crossing control arm shall not extend past the end of the bumper when in the stowed position.
2.12.7 The crossing control arms shall extend simultaneously with the stop signal arm activated by stop signal arm controls.
2.12.8 An automatic recycling interrupt switch shall not be installed for temporarily disabling the crossing control arm.
2.12.9 The assembly shall include a device attached to the bumper near the end of the arm to automatically retain the arm while in the stowed position. That device shall not interfere with normal operations of the crossing control arm.
2.13 Defrosters
2.13.1 Defrosting and defogging equipment shall direct a sufficient flow of heated air onto the windshield, the window to the left of the driver and the glass in the viewing area directly to the right of the driver to eliminate frost, fog and snow. (Exception: The requirements of this standard do not apply to the exterior surfaces of double pane storm windows.)
2.13.2 The defrosting system shall conform to SAE J381, Windshield Defrosting Systems Test Procedure and Performance Requirements Trucks, Buses, and Multipurpose Vehicles.
2.13.3 The defroster and defogging system shall be capable of furnishing heated, outside ambient air, except that the part of the system furnishing additional air to the windshield, entrance door and stepwell may be the recirculating air type.
2.13.4 Auxiliary fans are not considered defrosting or defogging systems and are described under "Ventilation”, this section.
2.13.5 Portable heaters shall not be used.
2.14 Doors
2.14.1 The entrance door shall be under the driver's control, designed to afford easy release and to provide a positive latching device on manual operating doors to prevent accidental opening. When a hand lever is used, no part shall come together that will shear or crush fingers. Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation, as tested on a 10 percent grade, both uphill and downhill.
2.14.2 The entrance door shall be located on the right side of the bus, opposite and within direct view of driver.
2.14.3 The entrance door shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches.
2.14.4 The entrance door shall be a split type door and shall open outward.
2.14.5 The entrance door glass shall be approved safety glass. The bottom of each lower glass panel shall be not more than 10 inches from the top surface of the bottom step. The top of each upper glass panel shall be not more than 3 inches from the top of the door.
2.14.6 Vertical closing edges on entrance doors shall be equipped with flexible material.
2.14.7 All doors shall be equipped with padding at the top edge of the opening. Padding shall be at least 3 inches wide and 1inch thick and extend the full width of the door opening.
2.14.8 On power operated entrance doors, the actuation switch shall be on or to the right of the steering wheel within reach of a seated 5th percentile female driver or integrated into the steering wheel.
2.14.9 The amber lights shall be controlled by a manual button located on the steering wheel or on the control panel to the right of the driver.
2.14.10 On power operated entrance doors, the emergency release valve, switch or device to release the entrance door must be placed above or to the immediate left or immediate right of the entrance door and must be clearly labeled.
2.15 Driver Compartment
2.15.1 Driver Seat
2.15.1.1 The driver's seat supplied by the body manufacturer shall be a high back seat and have a cloth seating surface. It may have air suspension. The seat back shall be adjustable to 15 degrees minimum, without requiring the use of tools. The seat shall be equipped with a head restraint to accommodate a 5th percentile adult female to a 95th percentile adult male, as defined in FMVSS No. 208, Occupant Crash Protection.
2.15.1.2 Type A buses may utilize the standard driver’s seat provided by the chassis manufacturer.
2.15.2 Driver Restraint System
2.15.2.1 If available, an integrated Type 2 lap shoulder belt may be provided on Type C and D buses for the driver. If not available, the shoulder belt shall have a height adjuster.
2.15.2.2 The assembly shall be equipped with an emergency locking retractor for the continuous belt system. On all buses except Type A that are equipped with a standard chassis manufacturer's driver's seat, the lap portion of the belt system shall be guided or anchored to prevent the driver from sliding sideways under the belt system. The lap/shoulder belt shall be designed to allow for easy adjustment in order to fit properly and to effectively protect drivers varying in size from a 5th percentile adult female to 95th percentile adult male.
2.15.3 Each bus shall be equipped with a durable webbing cutter. The required belt cutter shall be mounted in a location accessible to the seated driver in an easily detachable manner.
2.16 Emergency Exits
2.16.1 Any installed emergency exit shall comply with the design and performance requirements of FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, applicable to that type of exit, regardless of whether or not that exit is required by FMVSS No. 217.
2.16.2 Emergency window requirements
2.16.2.1 The rear emergency window shall have a lifting assistance device that will aid in lifting and holding the rear emergency window open.
2.16.2.2 Side emergency exit windows shall be vertically hinged on the forward side of the window. No side emergency exit window will be located above a stop arm.
2.16.3 Emergency door requirements
2.16.3.1 The upper portion of the emergency door shall be equipped with approved safety glazing, the exposed area of which shall be at least 400 square inches. The lower portion of the rear emergency doors on Types A-2, B, C, and D vehicles shall be equipped with a minimum of 350 square inches of approved safety glazing.
2.16.3.2 There shall be no steps leading to an emergency door.
2.16.3.3 Padding shall be affixed to the top edge of each door opening. Padding shall be at least 3 inches wide and 1 inch thick and shall extend the full width of the door opening.
2.16.3.4 The side emergency door, if installed, shall have a clear aisle leading to it i.e., flip seats shall not be used.
2.16.3.5 There shall be no obstruction higher than 1/4 inch across the bottom of any emergency door opening.
2.16.3.6 The rear emergency window shall have an assisted lifting device that will aid in lifting and holding the rear emergency window open.
2.16.4 Emergency exit requirements: Types A, B, C, and D vehicles shall be equipped with a total number of emergency exits as follows for the equipped seating capacities of vehicles. Exits required by FMVSS 217 may be included to comprise the total number of exits specified.
1 to 42 Passenger = 1 emergency exit per side and 1 roof hatch.
43 to 78 Passenger = 2 emergency exits per side and 2 roof hatches.
79 to 90 Passenger = 3 emergency exits per side and 2 roof hatches.
2.16.5 In addition to the audible warning required on emergency doors by FMVSS 217, additional emergency exits shall also be equipped with an audible warning device.
2.17 Emergency Equipment
2.17.1 Fire Extinguisher
2.17.1.1 The bus shall be equipped with at least one UL approved pressurized, dry chemical fire extinguisher. The extinguisher shall be secured in a mounted bracket, located in the driver's compartment and readily accessible to the driver and passengers. A pressure gauge shall be mounted on the extinguisher and shall be easily read without moving the extinguisher from its mounted position.
2.17.1.2 The fire extinguisher shall have a rating of 2-A:10-BC or greater. The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher.
2.17.2 First aid kit
2.17.2.1 The bus shall have a removable, moisture proof and dust proof first aid kit in an accessible place in the driver's compartment. It shall be mounted and identified as a first aid kit. The location for the first aid kit shall be marked.
2.17.2.2 Minimum contents include:
Units Quantity per unit
2 12- 1" x 3" adhesive bandages
3 2 - 2" bandage compress
3 1 - 4" bandage compress
2 1 – non sterile triangular bandages approximately 40" x 36" x 54"
with 2 safety pins
2.17.3 Body fluid clean up kit: Each bus shall have a removable and moisture proof body fluid clean up kit accessible to the driver. It shall be mounted and identified as a body fluid clean up kit in the driver’s compartment. Minimum contents of the body fluid clean up kit shall include the following:
2.17.3.1 1 16 oz. bottle of 70% rubbing alcohol or 10% solution of bleach
2.17.3.2 1 plastic trash bag with tie, minimum of 12" x 12"
2.17.3.3 2 pairs of medical examination gloves (non latex)
2.17.3.4 10 paper towels, approximately 10 1/ 2" x 12 1/2"
2.17.4 Warning devices: Each school bus shall contain at least 3 retroreflective triangle road warning devices that meet requirements in FMVSS No. 125, Warning Devices. They shall be mounted in an accessible place.
2.17.5 Any of the emergency equipment may be mounted in an enclosed compartment, provided the compartment is labeled in not less than 1 inch letters, identifying each piece of equipment contained therein.
2.17.6 Buses may be equipped with a fire suppression system. Fire suppression system nozzles shall be located in the engine compartment, under the bus, in the electrical panel or under the dash, but they shall not be located in the passenger compartment. The system must include a lamp or buzzer to alert the driver that the system has been activated.
2.18 Floors
2.18.1 The floor in the under seat area, including tops of wheel housings, driver's compartment and toeboard, shall be covered with an elastomer floor covering, having a minimum overall thickness of .125 inches and a calculated burn rate of 0.1 or less, using the test methods, procedures and formulas listed in FMVSS No. 302, Flammability of Interior Materials. The driver's area and toeboard area in all Type A buses may be manufacturer's standard flooring and floor covering.
2.18.2 The floor covering in the aisles shall be ribbed or other raised pattern elastomer and have a calculated burn rate of .1 or less using the test methods, procedures and formulas listed in FMVSS No. 302. Minimum overall thickness shall be 3/16 inch measured from tops of ribs.
2.18.3 The floor covering must be permanently bonded to the floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be a type recommended by the manufacturer of floor covering material. All seams shall be sealed with waterproof sealer.
2.18.4 On Types B, C and D buses, a flush mounted, screw down plate that is secured and sealed shall be provided to access the fuel tank sending unit and/or fuel pump. This plate shall not be installed under flooring material.
2.19 Handrails: At least one handrail shall be installed. The handrail(s) shall assist passengers during entry or exit, and shall be designed to prevent entanglement, as evidenced by the passage of the National Highway Transportation Safety Administration (NHTSA) string and nut test.
2.20 Heater and Air Conditioning Systems
2.20.1 Heating System
2.20.1.1 The heater shall be a hot water type.
2.20.1.2 Every bus with a capacity of 36 or more shall have 2 heaters at the front: 1 to the left of the driver, and 1 to the right of the driver near the entrance door, and 1 heater in the rear portion of the bus.
2.20.1.3 If only one heater is used, it shall be fresh air or combination fresh air and recirculation type.
2.20.1.4 If more than one heater is used, additional heaters may be recirculating air type.
2.20.1.5 The heating system shall be capable of maintaining bus interior temperatures, as specified in test procedure SAE J2233.
2.20.1.6 Auxiliary fuel fired heating systems are permitted, provided they comply with the following:
2.20.1.6.1 The auxiliary heating system shall utilize the same type fuel as specified for the vehicle engine;
2.20.1.6.2 The heater(s) shall be connected to the engine coolant system;
2.20.1.6.3 An auxiliary heating system when connected to the engine coolant system, may be used to preheat the engine coolant or preheat and add supplementary heat to the heating system;
2.20.1.6.4 Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in such a manner that will endanger bus passengers;
2.20.1.6.5 All combustion heaters shall be in compliance with current Federal Motor Carrier Safety Regulations;
2.20.1.6.6 The auxiliary heating system shall require low voltage; and
2.20.1.6.7 Auxiliary heating systems shall comply with FMVSS No. 301, Fuel System Integrity, and all other applicable FMVSSs, as well as with SAE test procedures.
2.20.1.7 All forced air heaters installed by body manufacturers shall bear a name plate that indicates the heater rating in accordance with SBMTC-001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate.
2.20.1.8 Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE J20c, Coolant System Hoses. Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers.
2.20.1.9 Each hot water system installed by a body manufacturer shall include one shut off valve in the pressure line and one shut off valve in the return line with both valves at the engine in an accessible location, except that on all Types A and B buses, the valves may be installed in another accessible location.
2.20.1.10 Each hot water heating system shall be equipped with a device installed in the hot water pressure line that regulates the water flow to all heaters. The device shall be located for convenient operation by the driver while seated.
2.20.1.11 Accessible bleeder valves for removing air from the heater shall be installed in an appropriate place in the return lines of body company installed heater.
2.20.1.12 Access panels shall be provided to make heater motors, cores and fans readily accessible for service. An exterior access panel to the driver’s heater may be provided.
2.20.2 Air Conditioning
2.20.2.1 Performance Specifications
2.20.2.1.1 The installed air conditioning system shall cool the interior of the bus from 100 degrees to 80 degrees Fahrenheit, measured at three points (minimum), located four feet above the floor on the longitudinal centerline of the bus. The three required points shall be: (1) near the driver’s location, (2) at the longitudinal midpoint of the body, and (3) two feet forward of the emergency door, or, for Type D rear engine buses, two feet forward of the end of the aisle.
2.20.2.1.2 The test conditions under which the above performance must be achieved shall consist of: (1) placing the bus in a room (such as a paint booth) where ambient temperature can be maintained at 100 degrees Fahrenheit; (2) heat soaking the bus at 100 degrees Fahrenheit with windows open for at least one hour; and (3) closing windows, turning on the air conditioner with the engine running at the chassis manufacturer’s recommended low idle speed, and cooling the interior of the bus to 80 degrees Fahrenheit, or lower, within 30 minutes while maintaining 100 degrees Fahrenheit outside temperature.
2.20.2.1.3 Alternately, this test may be performed under actual summer conditions, which consist of temperatures above 85 degrees Fahrenheit, humidity above 50 percent with normal sun loading of the bus and the engine running at the engine manufacturer’s recommended low idle speed. After a minimum of 1 hour of heat soaking, the system shall be turned on and must provide a minimum of a 20 degree temperature drop in the 30 minute time limit.
2.20.2.1.4 The manufacturer shall provide facilities for the user or user's representative to confirm that a pilot model of each bus design meets the above performance requirements.
2.20.2.2 Other Requirements
2.20.2.2.1 Evaporator cases, lines and ducting (as equipped) shall be designed in such a manner that all condensation is effectively drained to the exterior of the bus below the floor level under all conditions of vehicle movement and without leakage on any interior portion of bus.
2.20.2.2.2 Evaporators or ducting systems shall be designed and installed to be free of projections or sharp edges. Ductwork shall be installed so that exposed edges face the front of the bus and do not present sharp edges.
2.20.2.2.3 Evaporator cases and ducting systems shall be equipped with diffusers that are adjustable.
2.20.2.2.4 Air intake for any evaporator assembly(ies), except for front evaporator of Type A-I, shall be equipped with replaceable air filter(s) accessible without disassembly of evaporator case.
2.20.2.2.5 On school buses equipped with Type 2 seatbelts having anchorages above the windows, the evaporator and ducting (if used) shall be placed at a height sufficient to not obstruct occupant securement anchorages. This clearance shall be provided along the entire length of the passenger area on both sides of the bus interior;
2.20.2.2.6 The condensers shall be equipped with a sight glass (or at least one for each part of a split system) that is accessible and directly visible for checking the level of the refrigerant.
2.20.2.2.7 The compressor system shall be equipped with both a high pressure and a low pressure switch to prevent compressor operation when system temperatures are above or below recommended safe levels. Lubrication of moving compressor parts shall be accomplished automatically. An automatic (electric) clutch shall be provided on each compressor.
2.20.2.2.8 All system operating controls, including on off switch(es), blower switch(es) and thermostat controls shall be within reach of a seated 5th percentile adult female driver.
2.20.2.2.9 Blowers shall be a minimum of two speeds.
2.20.2.2.10 Wiring shall be copper with color coded insulation. The air conditioning system shall be equipped with at least one manually resetable circuit breaker per side to provide overload protection for the main power circuit feeding the evaporator blowers and condenser fans. System control circuits shall also have overload protection, but may be fused.
2.20.2.2.11 Refrigerant shall be R 134A.
2.20.2.2.12 All wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear. All flexible refrigerant hoses shall be double braided.
2.20.2.2.13 The body shall be equipped with insulation, including sidewalls, roof, firewall, rear, inside body bows and plywood (see “Insulation”, this section) or composite floor insulation to reduce thermal transfer.
2.20.2.2.14 All glass shall be tinted (see “Windows”, this section and “Special Service Entrance Door”, section 3).
2.20.2.2.15 Type A buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 130 amperes. Type B, C, and D buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 200 amperes.
2.20.2.2.16 Roofs shall be painted white to aid in heat dissipation (see “Color”, this section).
2.21 Hinges: All exterior metal door hinges shall be designed to allow lubrication to be channeled to the center 75% of each hinge loop without disassembly, unless they are constructed of stainless steel, brass or non metallic hinge pins or other designs that prevent corrosion.
2.22 Identification
2.22.1 The body shall bear words "SCHOOL BUS" in black letters at least 8 inches high on both front and rear of the body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to "Series B" of Standard Alphabets for Highway Signs. "SCHOOL BUS" lettering shall have a reflective background. It may not be illuminated by backlighting.
2.22.2 All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white.
2.22.3 Bus identification number shall be displayed on both sides, on the rear, and on the front.
2.22.4 District, company name or owner of the bus shall be displayed (letters 3 inch minimum to 6 inches maximum;
2.22.5 Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to:
2.22.5.1 The location of the battery(ies) identified by the word "BATTERY" or "BATTERIES" on the battery compartment door in 2 inch lettering;
2.22.5.2 Symbols or letters not to exceed 64 square inches of total display near the service door, displaying information for identification by the students of the bus or route served;
2.22.5.3 Symbols identifying the bus as equipped for or transporting students with special needs (see Standards for Specially Equipped School Bus section);
2.22.5.4 Identification of fuel type in 2 inch lettering adjacent to the fuel filler opening; and
2.22.5.5 Manufacturer, company name, dealer, school logo, or U.S. Flag (with no other wording or artwork) decal or plate not to exceed 6 inches by 12 inches may be displayed in the right side plate location on the rear of the bus.
2.23 Inside Height: Inside body height shall be 72 inches or more, measured metal to metal, at any point on longitudinal center line from the front vertical bow to the rear vertical bow. Inside body height of Type A-1 buses shall be 62 inches or more.
2.24 Insulation
2.24.1 If thermal insulation is specified, it shall be fire resistant, UL approved, with minimum R value of 5.5. Insulation shall be installed so as to prevent sagging.
2.24.2 If floor insulation is required, it shall be 5 ply softwood plywood, nominal 5/8 inch thickness, and shall equal to or exceed properties of the exterior type, C-D Grade, as specified in the standard issued by U.S. Department of Commerce. When plywood is used, all exposed edges shall be sealed. Type A-1 buses may be equipped with nominal 1/ 2 inch thick plywood or equivalent material meeting the above requirements. Equivalent material may be used to replace plywood, provided it has an equal or greater insulation R value, sound abatement, deterioration resistant and moisture resistant properties.
2.25 Interior
2.25.1 The interior of bus shall be free of all unnecessary projections, which include luggage racks and attendant handrails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If the ceiling is constructed with lap joints, the forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and/or tow chains. (See “Storage Compartment”, this section)
2.25.2 The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment.
2.25.3 Every school bus shall be constructed so that the noise level at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in the NSTSP, Appendix B.
2.25.4 School buses with a capacity of 36 passengers or greater shall be equipped with a sound proof body package that includes firewall and engine cover. The headliner over the driver’s compartment to the front barriers shall be perforated to absorb sound.
2.25.5 Buses shall have mar proof sidewalls.
2.25.6 Interior overhead storage compartments may be provided if they meet the following criteria:
2.25.6.1 Head protection requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, where applicable;
2.25.6.2 Have a maximum rated capacity displayed for each compartment;
2.25.6.3 Be completely enclosed and equipped with latching door (both door and latch sufficient to withstand a pushing force of 50 pounds applied at the center of the door);
2.25.6.4 Have all corners and edges rounded with a minimum radius of 1 inch or be padded equivalent to door header padding;
2.25.6.5 Be attached to the bus sufficiently to withstand a force equal to 20 times the maximum rated capacity of the compartment; and
2.25.6.6 Have no protrusions greater than ¼ inch.
2.26 Lamps and Signals may be incandescent, sealed beam, halogen or light emitting Diode (LED).
2.26.1 Interior lamps which illuminate the aisle and stepwell shall be provided. The stepwell lamp shall be illuminated by an entrance door operated switch, to illuminate only when headlamps and clearance lights are on and the entrance door is open.
2.26.2 Body instrument panel lamps shall be controlled by an independent rheostat switch.
2.26.3 School bus alternately flashing signal lamps shall be provided:
2.26.3.1 The bus shall be equipped with two red lamps at the rear of vehicle and two red lamps at the front of the vehicle.
2.26.3.1.1 Visors or hoods, black in color, are only required on non flush mounted lights and shall have a minimum depth of 4 inches.
2.26.3.2 In addition to the four red lamps described above, four amber lamps shall be installed so that one amber lamp is located near each red signal lamp, at same level, but closer to the vertical centerline of bus. The system of red and amber signal lamps shall be wired so that amber lamps are energized manually. The red lamps are automatically energized and amber lamps are automatically de energized when stop signal arms are extended or when bus entrance door is opened. An amber pilot lamp and a red pilot lamp shall be installed adjacent to the driver controls for the flashing signal lamp to indicate to the driver which lamp system is activated.
2.26.3.3 The area around lens of alternately flashing signal lamps extending outward from the edge of the lamps 1-3 inches to the sides and top and 1” to the bottom, shall be black in color on the body or roof area against which the signal lamp is seen.
2.26.3.4 Red lamps on the stop signal arm shall flash at any time the arm is extended.
2.26.3.5 All flashers for alternately flashing red and amber signal lamps shall be enclosed in the body in a readily accessible location.
2.26.4 Turn signal and stop tail lamps:
2.26.4.1 The bus body shall be equipped with amber rear turn signal lamps that are at least 7 inches in diameter or if the shape is other than round, a minimum 38 square inches of illuminated area and shall meet FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. These signal lamps must be connected to the chassis hazard warning switch to cause simultaneous flashing of turn signal lamps when needed as vehicular traffic hazard warning. Turn signal lamps are to be placed as wide apart as practical and their horizontal centerline shall be a maximum of 12 inches below the rear window. Type A-1 conversion vehicle lamps must be at least 21 square inches in lens area and must be in the manufacturer’s standard color.
2.26.4.2 Buses shall be equipped with amber side mounted turn signal lamps. The turn signal lamp on the left side shall be mounted rearward of the stop signal arm and the turn signal lamp on the right side shall be mounted rearward of the entrance door. An additional side turn signal lamp shall be mounted between the rear wheel opening and the rear of the bus on both sides.
2.26.4.3 In addition to manufacturer’s standard turn signals, Type C school buses shall be equipped with front, Class A fender or hood mounted turn signals.
2.26.4.4 Buses shall be equipped with four combination red stop tail lamps:
2.26.4.4.1 Two combination lamps with a minimum diameter of 7 inches, or if a shape other than round, a minimum 38 square inches of illuminated area shall be mounted on the rear of the bus just inside the turn signal lamps.
2.26.4.4.2 Two combination lamps with a minimum diameter of 4 inches, or if a shape other than round, a minimum 12 square inches of illuminated area, shall be placed on the rear of the body between the beltline and the floor line. The rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a steady light when illuminated. Type A-1 buses with bodies supplied by chassis manufacturer may be equipped with the manufacturer's standard stop and tail lamps.
2.26.4.5 All buses shall be equipped with a 16 light monitor. The monitor shall be mounted in full view of the driver. If the full circuit current passes through the monitor, each circuit shall be protected by a fuse, circuit breaker, or field effect transistor to protect against any short circuit or intermittent shorts by a fuse, circuit breaker or electronic protection device.
2.26.4.6 Body markers shall be the armored type.
2.26.4.7 Backup lamps: The bus body shall be equipped with two white rear backup lamps that are at least 4 inches in diameter or, if a shape other than round, a minimum of 12 square inches of illuminated area and shall meet FMVSS No. 108. If backup lamps are placed on the same horizontal line as the brake lamps and turn signal lamps, they shall be to the inside.
2.26.5 School buses may be equipped with fog lamps.
2.27 Metal Treatment
2.27.1 All metal except high grade stainless steel or aluminum used in construction of the bus body shall be zinc coated or aluminum coated or treated to prevent corrosion. This includes but is not limited to such items as structural members, inside and outside panels, door panels and floor sills. Excluded are such items as door handles, grab handles, interior decorative parts and other interior plated parts.
2.27.2 All metal parts that will be painted, in addition to the above requirements, shall be chemically cleaned, etched, zinc phosphate coated and zinc chromate or epoxy primed to improve paint adhesion.
2.27.3 In providing for these requirements, particular attention shall be given to lapped surfaces, welded connections of structural members, cut edges on punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas and surfaces subjected to abrasion during vehicle operation.
2.27.4 As evidence that above requirements have been met, samples of materials and sections used in the construction of the bus body shall not lose more than 10 percent of material by weight when subjected to a 1000 hour salt spray test as provided for in latest revision of ASTM Standard B-117.
2.28 Mirrors
2.28.1 The interior glass mirror shall be either laminated or tempered and shall have rounded corners and protected edges. Mirrors shall be 6 inches x 16 inches for Types A and B buses and be 6 inches x 30 inches for Types C and D buses.
2.28.2 Each school bus shall be equipped with exterior mirrors meeting the requirements of FMVSS No. 111, Rearview Mirrors. The right side rear view mirror shall not be obscured by the unwiped portion of the windshield. Mirrors shall be easily adjustable, but shall be rigidly braced, so as to reduce vibration.
2.28.3 All buses shall be equipped with heated and remote controlled exterior rear view mirrors and heated cross over mirrors.
2.29 Mounting
2.29.1 The rear body cross member shall be supported by the chassis frame. Except where chassis components interfere, the bus body shall be attached to the chassis frame at each main floor sill in such a manner as to prevent shifting or separation of the body from the chassis under severe operating conditions.
2.29.2 Insulators shall be installed at all contact points between the body and the chassis frame on Types A-2, B, C, and D buses, and shall be secured by a positive means to the chassis frame or body to prevent shifting, separation, or displacement of the isolators under severe operating conditions.
2.30 Overall Length: Overall length of bus shall not exceed 40 feet, excluding accessories.
2.31 Overall Width: Overall width of bus shall not exceed 96 inches, excluding accessories.
2.32 Public Address System:
2.32.1 There shall be installed a public address amplifier specifically designed for vehicular applications with a minimum power output of not less than 5 watts sine wave power. Such system shall consist of an on off switch, volume control, and an inside outside speaker selector switch. Additionally, it shall have an outside speaker completely weather proofed a minimum 7 watt power capability and two interior dynamic speakers with a minimum diameter of 4 inches. These speakers shall be located above the window line, to the rear of the driver, and shall not project more than 1/2 inch from the interlining of the bus. There shall be no sharp edges or corners that could cause injury to a passenger. The outside speaker shall be located on the front of the cowl under the hood or other suitable location under the hood.
2.32.2 Buses may be equipped with an AM/FM audio system.
2.32.3 No internal speakers, other than the driver’s communication systems, may be installed within 4’ of the driver’s seat back in its rearmost upright position.
2.33 Retroreflective Material, Reflexite or Diamond grade or equivalent (see NSTSP, Appendices A and B, Retroreflective Sheeting)
2.33.1 The front and rear bumper may be marked diagonally 45 degrees down to centerline of pavement with 2 inches + ¼ inch wide strips of non contrasting reflective material.
2.33.2 The rear of the bus body shall be marked with strips of retroreflective NSBY material to outline the perimeter of the back of the bus using material which conforms to the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices, Table 1. The perimeter marking of rear emergency exits per FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, and/or the use of retroreflective "SCHOOL BUS" signs partially accomplishes the objective of this requirement. To complete the perimeter marking of the back of the bus, strips of at least 1 ¾ inch retroreflective NSBY material shall be applied horizontally above the rear windows and above the rear bumper, extending from the rear emergency exit perimeter, marking outward to the left and right rear corners of the bus. Vertical strips shall be applied at the corners connecting these horizontal strips.
2.33.3 "SCHOOL BUS" signs shall be marked with retroreflective NSBY material comprising background for lettering of the front and/or rear "School BUS" signs.
2.33.4 Sides of bus body shall be marked with at least 1 ¾ inch retro reflective NSBY material, extending the length of the bus body and located (vertically) between the floor line and the beltline.
2.34 Rub Rails
2.34.1 There shall be three rub rails on each side of the bus. One shall be located at or no more than 8 inches above the seat cushion level. The second shall be just below the window line. The third shall be located 10 inches or less above the floor line. This rub rail shall cover the same longitudinal span as the upper rub rails except at the wheelhousing. All rub rails shall extend the length of the left side and on the right side from the rear side of the entrance door to the rear of the bus.
2.34.2 Two of the three rub rails shall wrap around the bus body (except at the emergency door or any maintenance access door).
2.34.3 There shall be a snow (rub) rail at the bottom edge of the body side skirts.
2.34.4 Rub rails above the floor line shall be attached at each body post and at all other upright structural members.
2.34.5 Each rub rail shall be 4 inches or more in width in its finished form and shall be constructed of 16 gauge steel or other material of equivalent strength suitable to help protect body side panels from damage. Rub rails shall be constructed in corrugated or ribbed fashion.
2.34.6 Rub rails shall be applied outside the body or outside the body posts. (Pressed in or snap on rub rails do not satisfy this requirement.) For Type A-1 vehicles using the body provided by the chassis manufacturer, or for Types A-2, B, C and D buses containing the rear luggage or the rear engine compartment, rub rails need not extend around the rear corners.
2.35 Seat and Restraining Barriers
2.35.1 Passenger Seating
2.35.1.1 School bus design capacities shall be in accordance with 49 CFR, Part 571.3, Definitions, and FMVSS No. 222, School Bus Passenger Seating and Crash Protection.
2.35.1.2 All seats shall have a minimum cushion depth of 15 inches, a seat back height of 20 inches above the seating reference point, and must comply with all other requirements of FMVSSNo.222. In addition to the fastener that forms the pivot for each seat retaining clip, a secondary fastener may be used in each clip to prevent the clip from rotating and releasing the seat cushion unintentionally.
2.35.1.3 All restraining barriers and passenger seats shall be constructed with materials that enable them to meet the criteria of the School Bus Seats Upholstery Fire Block Test.
2.35.1.4 School buses equipped with front barriers shall have modesty panels to the floor between the barrier leg and the side of the bus.
2.35.1.5 Each seat leg shall be secured to the floor by a minimum of two (2) bolts, washers, and nuts. Flange head nuts may be used in lieu of nuts and washers, or seats may be track mounted in conformance with FMVSS No. 222. If track seating is installed, the manufacturer shall supply minimum and maximum seat spacing dimensions (applicable to the bus) which comply with FMVSS No. 222. This information shall be on a label permanently affixed to the bus.
2.35.1.6 All seat frames attached to the seat rail shall be fastened with two or more bolts, washers and nuts, or flange head nuts.
2.35.1.7 All school buses (including Type A) shall be equipped with restraining barriers which conform to FMVSS No. 222.
2.35.1.8 There shall be a minimum of 8" clearance between the last seat and the rear interior of the bus.
2.35.1.9 Flip seats shall not be used.
2.35.1.10 Lap belts shall not be installed on passenger seats in large school buses (over 10,000 pounds GVWR) except in conjunction with child safety restraint systems that comply with the requirements of FMVSS No. 213, Child Restraint Systems.
2.35.1.11 An electrical child reminder system may be installed to assist the driver in checking for students left on board the bus.
2.35.2 Preschool Age Seating: Passenger seats designed to accommodate a child or infant carrier seat shall comply with FMVSS No. 225, Child Restraint Anchorage Systems. These seats shall be in compliance with NHTSA’s “Guideline for the Safe Transportation of Preschool Age Children in School Buses.” (Note: See 2.35.1.10 above.) There shall be at least 27 inches, measured at seat cushion level between the back of the seat back or barrier and the front of the seat back of the next seat to the rear.
2.36 Side Skirts: Side body panels and skirt shall be a maximum of 46 to 47 inches measured from the bottom of the window line to the bottom of the snow rail, unless the standard side skirt is at the center of the axles. This does not apply to buses with side body storage compartments.
2.37 Steps
2.37.1 All school buses with a capacity of 36 passengers and above shall have a three step stepwell.
2.37.2 The first step the entrance door shall be not less than 10 inches and not more than 14 inches from the ground when measured from the top surface of the step to the ground, based on standard chassis specifications, except that on Type D vehicles, the first step at the service door shall be 12 inches to 16 inches from the ground.
2.37.3 Step risers shall not exceed a height of 10 inches. Exception: When plywood is used on a steel floor or step, the riser height may be increased by the thickness of the plywood.
2.37.4 Steps shall be enclosed to prevent accumulation of ice and snow.
2.37.5 Steps shall not protrude beyond the side body line.
2.38 Step Treads
2.38.1 All steps, including floor line platform area, shall be covered with an elastomer floor covering having a minimum overall thickness of .187 inch.
2.38.2 The step covering shall be permanently bonded to a durable backing material that is resistant to corrosion.
2.38.3 Steps, including the floor line platform area, shall have a 1 ½ inch white nosing.
2.38.4 Step treads shall have the following characteristics:
2.38.4.1 Abrasion resistance: Step tread material weight loss shall not exceed 0.40 percent, as tested under ASTM D-4060, Standard Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser, (CS-17 Wheel, 1000 gram, 1000 cycle);
2.38.4.2 Weathering resistance: Step treads shall not break, crack, or check after ozone exposure (7 days at 50 phm at 40 degrees C) and Weatherometer exposure (ASTM D-750, Standard Test Method for Rubber Deterioration in Carbon Arc Weathering Apparatus, 7 days);and
2.38.4.3 Flame Resistance: Step treads shall have a calculated burn rate of .01 or less using the test methods, procedures and formulas listed in FMVSS No. 302, Flammability of Interior Materials.
2.39 Stirrup Steps: If the windshield and lamps are not easily accessible from the ground, there shall be at least one folding stirrup step or recessed foothold installed on each side of the front of the body for easy accessibility for cleaning. There also may be a grab handle installed in conjunction with the step. Steps are permitted in or on the front bumper in lieu of the stirrup steps if the windshield and lamps are easily accessible for cleaning from that position.
2.40 Stop Signal Arm: The stop signal arm comply with the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices.
2.41 Storage Compartment: A storage container for tools, tire chains, and/or other equipment may be located either inside or outside the passenger compartment. If inside, it shall be fastened to the floor and have a cover with a positive fastening device.
2.42 Strobe Lamp
2.42.1 A white flashing strobe lamp shall be installed on the roof of the bus. It shall be located from 4 to 6 feet from the rear of the roof edge (except air conditioned buses with rooftop evaporators), within 1 foot of centerline, and behind all other roof equipment. The lamp shall extend above the roof between 4 ½ to 6 3/4 inches, and the light shall be 12 to 16 joules. The lamp shall have a single clear lens emitting light 360 degrees around its vertical axis.
2.42.2 The light shall be wired to activate when the amber alternately flashing signal lamps are activated, continuing through the full loading or unloading cycle, with an override switch to allow activation of the strobe lamp anytime for use in inclement weather.
2.42.3 A separate pilot lamp on the light switch panel or a pilot lamp in the strobe light switch shall be installed to indicate when the light is in operation.
2.43 Sun Shield
2.43.1 For Types B, C, and D buses, an interior adjustable transparent sun shield with a finished edge and dimensions not less than 6 inches X 30 inches, shall be installed in a position convenient for use by driver.
2.43.2 On all Type A buses, the sun shield (visor) shall be installed by the chassis manufacturer.
2.44 Traction Assisting Devices
2.44.1 Where required or used, sanders shall:
2.44.1.1 Be of hopper cartridge valve type;
2.44.1.2 Have a metal hopper with all interior surfaces treated to prevent condensation of moisture;
2.44.1.3 Have at least 100 pound (grit) capacity;
2.44.1.4 Have a cover that screws in place on the filler opening of the hopper, thereby sealing the unit airtight;
2.44.1.5 Have discharge tubes extending under the fender wheelhousing to the front of each rear wheel;
2.44.1.6 Have non clogging discharge tubes with slush proof, non freezing rubber nozzles;
2.44.1.7 Be operated by an electric switch with a pilot lamp mounted on the instrument panel located so as to be exclusively controlled by the driver;
2.44.1.8 Be equipped with a gauge to indicate that the hopper has reached the one quarter level (and needs to be refilled); and
2.44.1.9 Be designed to prevent freezing of all activation components and moving parts.
2.44.2 Automatic traction chains may be installed.
2.45 Trash Container and Holding Device: A trash container may be provided and secured by a holding device that is designed to prevent movement and to allow easy removal and replacement. It shall be installed in an accessible location in the driver’s compartment, not obstructing passenger access to the entrance door.
2.46 Undercoating
2.46.1 The entire underside of bus body, including floor sections, cross member and below floor line side panels, shall be coated with rust proofing material for which the material manufacturer has issued to the bus body manufacturer a notarized certification that materials meet or exceed all performance and qualitative requirements of paragraph 3.4 of Federal Specification TT-C-520b, Coating Compound, Bituminous, Solvent Type, Underbody (For Motor Vehicles), using modified test procedures* for the following requirements:
2.46.1.1 Salt spray resistance test modified to 5% salt and 1000 hours;
2.46.1.2 Abrasion resistance; and
2.46.1.3 Fire resistance.
*Test panels are to be prepared in accordance with paragraph 4.6.12 of TT-C-520b with modified procedure requiring that the test be made on a 48 hour air cured film at a thickness recommended by the material manufacturer.
2.46.2 The undercoating material shall be applied with suitable airless or conventional spray equipment to the recommended film thickness and shall show no evidence of voids in cured film.
2.47 Ventilation
2.47.1 Auxiliary fans (2) shall meet the following requirements.
2.47.1.1 Fans for left and right sides of the windshield shall be placed in a location where they can be adjusted for maximum effectiveness and where they do not obstruct vision to any mirror. Note: Type A buses may be equipped with one fan.
2.47.1.2 Fans shall have 6 inch (nominal) diameter; and
2.47.1.3 Fan blades shall be enclosed in a protective cage. Each fan shall be controlled by a separate switch.
2.47.2 The bus body shall be equipped with a suitably controlled ventilating system of sufficient capacity to maintain proper quantity of air flow under operating conditions without having to open a window except in extremely warm weather.
2.47.3 Static type, non closeable exhaust ventilation shall be installed in a low pressure area of the roof.
2.47.4 Roof hatches designed to provide ventilation in all types of exterior conditions may be provided.
2.48 Wheelhousing
2.48.1 The wheelhousing opening shall allow for easy tire removal and service.
2.48.2 Wheelhousings shall be attached to the floor sheets in a manner to prevent any dust, water or fumes from entering the body. Wheelhousings shall be constructed of 16 gauge steel (or thicker) steel.
2.48.3 The inside height of the wheelhousings above the floor line shall not exceed 12 inches.
2.48.4 The wheelhousings shall provide clearance for installation and use of tire chains on single and dual (if so equipped) power driving wheels.
2.48.5 No part of a raised wheelhousing shall extend into the emergency door opening.
2.49 Windows
2.49.1 Other than emergency exits designed to comply with FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, each side window shall provide an unobstructed opening of at least 9 inches high (but not more than 13 inches high) and at least 22 inches wide, obtained by lowering the window. One side window on each side of the bus may be less than 22 inches wide.
2.49.2 All glass may be equipped with maximum integral tinting allowed by federal or ANSI standards for the respective locations. However, the tinting in the rear windows and door shall not exceed the tinting allowed for the windshield.
2.50 Windshield Washers: A windshield washer system shall be provided.
2.51 Windshield Wipers
2.51.1 A variable speed windshield wiping system with an intermittent feature, shall be provided and shall be operated by a single switch.
2.51.2 The wipers shall meet the requirements of FMVSS No. 104, Windshield Wiping and Washing Systems.
2.52 Wiring
2.52.1 Wiring
2.52.1.1 All wiring shall conform to current SAE standards.
2.52.1.2 All wiring shall have an amperage capacity exceeding the design load by at least 25%. All wiring splices are to be accessible and noted as splices on the wiring diagram.
2.52.1.3 A body wiring diagram, sized to be easily read, shall be furnished with each bus body or affixed to an area convenient to the electrical accessory control panel.
2.52.1.4 The body power wire shall be attached to a special terminal on the chassis.
2.52.1.5 Each wire passing through metal openings shall be protected by a grommet.
2.52.1.6 Wires not enclosed within the body shall be fastened securely at intervals of not more than 18 inches. All joints shall be soldered or joined by equally effective connectors, which shall be water resistant and corrosion resistant
2.52.2 Circuits:
2.52.2.1 Wiring shall be arranged in circuits, as required, with each circuit protected by a fuse, breaker or electronic protection device. A system of color and number coding shall be used and an appropriate identifying diagram shall be provided to the end user, along with the wiring diagram provided by the chassis manufacturer. The wiring diagrams shall be specific to the bus model supplied and shall include any changes to wiring made by the body manufacturer. Chassis wiring diagrams shall be supplied to the end user. The following body interconnecting circuits shall be color coded as noted:
FUNCTION COLOR
Left Rear Directional Lamp Yellow
Right Rear Directional Lamp Dark Green
Stop Lamps Red
Back up Lamps Blue
Tail Lamps Brown
Ground White
Ignition Feed, Primary Feed Black
The color of cables shall correspond to SAE J 1128, Low Tension Primary Cable.
2.52.2.2 Wiring shall be arranged in at least six regular circuits, as follows:
2.52.2.2.1 Head, tail, stop (brake) and instrument panel lamps;
2.52.2.2.2 Clearance lamps and stepwell lamps that shall be actuated when entrance door is open;
2.52.2.2.3 Dome lamps;
2.52.2.2.4 Ignition and emergency door signal;
2.52.2.2.5 Turn signal lamps; and
2.52.2.2.6 Alternately flashing signal lamps.
2.52.2.3 Any of the above combination circuits may be subdivided into additional independent circuits.
2.52.2.4 Heaters and defrosters shall be wired on an independent circuit.
2.52.2.5 Whenever possible, all other electrical functions (such as sanders and electric type windshield wipers) shall be provided with independent and properly protected circuits.
2.52.2.6 Each body circuit shall be coded by number or letter on a diagram of circuits and shall be attached to the body in a readily accessible location.
2.52.3 The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted.
2.52.4 Buses shall be equipped with a 12 volt power port in the driver compartment.
2.52.5 There shall be a manual noise suppression switch installed in the control panel. The switch shall be labeled and alternately colored. This switch shall be an on/off type that deactivates body equipment that produces noise, including, at least, the AM/FM radio, heaters, air conditioners, fans and defrosters. This switch shall not deactivate safety systems, such as windshield wipers or lighting systems.
2.52.6 The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted.
11 DE Reg. 1232 (03/01/08)
3.0 Standards for Specially Equipped School Buses
3.1 General Requirements
3.1.1 Specially equipped school buses shall comply with these standards and with FMVSSs applicable to their GVWR category.
3.1.2 Any school bus to be used for the transportation of children who utilize a wheelchair or other mobile positioning device, or who require life support equipment that prohibits use of the regular service entrance, shall be equipped with a power lift, unless a ramp is needed for unusual circumstances related to passenger needs.
3.1.3 Lift buses (48-60 passengers only) shall have flat floors.
3.1.4 Padded barriers shall be installed to protect wheelchair positions where seating does not interface as barrier.
3.1.5 Seats shall have the minimum spacing specified under FMVSS No. 222 School Bus Passenger Seating and Crash Protection per NHTSA February 1999 Guideline for the Safe Transportation of PreSchool Age Children in School Buses. There shall be at least 27 inches, measured at seat cushion level between the back of the seat back or barrier and the front of the seat back of the next seat to the rear.
3.1.6 All seats shall have seat belts installed (39 inch seats shall have 3 lap belts and 30 inch seats shall have 2 lap belts.
3.2 Aisles: All school buses equipped with a power lift shall provide a minimum 30 inch aisle leading from any wheelchair position to at least one emergency exit door. A wheelchair securement position shall never be located directly in front of (blocking) a power lift door location.
3.3 Glazing: Tinted glazing may be installed in all doors, windows and windshields (see “Windows”, section 2 and “Special Service Entrance Door”, this section).
3.4 Handrails: Two handrails (at the front and rear of the stepwell) shall be provided to assist passengers during entry or exit, and shall be designed to prevent entanglement, as evidenced by the passage of the National Highway Traffic Safety Administration (NHTSA) string and nut test. (See 49 CFR 571.403, S6.4.9, Handrails)
3.5 Identification: Specially equipped school buses shall display the International Symbol of Accessibility below the window line. Such emblems shall be white on blue or black background, shall not exceed 12 inches square in size and shall be of a high intensity retroreflective material meeting the requirements of Federal Highway Administration (FHWA) FP-85, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.
3.6 Passenger Capacity Rating: In determining the passenger capacity of a school bus for purposes other than actual passenger load (e.g., vehicle classification or various billing/reimbursement models), any location in a school bus intended for securement of a wheelchair during vehicle operations shall be regarded as four designated seating positions, and each lift area shall count as four designated seating positions.
3.7 Power Lifts and Ramps
3.7.1 The power lift shall be located on the right side of the bus body.
3.7.1.1 A ramp device may be used in lieu of a mechanical lift if the ramp meets all the requirements of the Americans with Disabilities Act (ADA) as found in 36 CFR §1192.23, Vehicle ramp.
3.7.1.2 A ramp device which does not meet the specifications of ADA, but does meet the specifications of paragraph 3.7.3 of this section, may be installed and used, when, and only when, a power lift system is not adequate to load and unload students having special and unique needs. A readily accessible ramp may be installed for emergency exit use. If stowed in the passenger compartment, the ramp must be properly secured and placed away from general passenger contact. It must not obstruct or restrict any aisle or exit while in its stowed or deployed position.
3.7.1.3 All specially equipped school buses shall provide a level change mechanism or boarding device (e.g., lift or ramp), complying with paragraphs 3.7.2 or 3.7.3 of this section, with sufficient clearances to permit a wheelchair user to reach a securement location.
3.7.2 Vehicle lift and installation
3.7.2.1 General: Vehicle lifts and installations shall comply with the requirements set forth in FMVSS No. 403, Platform Lift Systems for Motor Vehicles, and FMVSS No. 404, Platform Lift Installations in Motor Vehicles. For lifts located at the rear of the bus, the power unit for the lift shall be located forward of the lift with controls secured to the interior of the lift door. For lifts located at the forward of the bus, the power unit for the lift shall be located rearward of the lift with controls secured to the interior of the lift door.
3.7.2.2 Design loads. The design load of the lift shall be at least 800 pounds. Working parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon which the lift depends for support of the load, shall have a safety factor of at least six, based on the ultimate strength of the material. Non working parts, such as platform, frame, and attachment hardware that would not be expected to wear, shall have a safety factor of at least three, based on the ultimate strength of the material.
3.7.2.3 Lift capacity: The lifting mechanism and platform shall be capable of operating effectively with a wheelchair and occupant mass of at least 800 pounds.
3.7.2.4 Controls: (See 49 CFR 571.403, S6.7, Control systems.)
3.7.2.5 Emergency operations: (See 49 CFR 571.403, S6.9, Backup operation.)
3.7.2.6 Power or equipment failures: (See 49 CFR 571.403, S6.2.2, Maximum platform velocity.)
3.7.2.7 Platform barriers: (See 49 CFR 571.403, S6.4.7, Wheelchair retention.)
3.7.2.8 Platform surface: (See 49 CFR 571.403, S6.4.2, S6.4.3, Platform requirements.) (See also “Wheelchair or Mobility Aid Envelope” figure in the NSTSP, Specially Equipped School Bus Specifications.) The platform shall have a minimum clear width of 32 inches measured from two inches above the platform surface to 30 inches above the surface of the platform, and a minimum clear length of 48 inches measured from two inches above the surface of the platform to 30 inches above the surface of the platform.
3.7.2.9 Platform gaps and entrance ramps: (See 49 CFR 571.403, S6.4.4, Gaps, transitions and openings.)
3.7.2.10 Platform deflection: (See 49 CFR 571.403, S6.4.5, Platform deflection.)
3.7.2.11 Platform movement: (See 49 CFR 571.403, S6.2.3, Maximum platform acceleration.)
3.7.2.12 Boarding direction: The lift shall permit both inboard and outboard facing of wheelchair and mobility aid users.
3.7.2.13 Circuit breaker: A resettable circuit breaker shall be installed between the power source and lift motor if electrical power is used. It shall be located as close to the power source as possible, but not within the passenger/driver compartment.
3.7.2.14 Excessive pressure: (See 49 CFR 571.403, S6.8, Jacking prevention.)
3.7.2.15 Documentation: The following information shall be provided with each vehicle equipped with a lift:
3.7.2.15.1 A phone number where information can be obtained about installation, repair, and parts. (Detailed written instructions and a parts list shall be available upon request.)
3.7.2.15.2 Detailed instructions regarding use of the lift and readily visible when the lift door is open, including a diagram showing the proper placement and positioning of wheelchair mobility aids on the lift.
3.7.2.16 Training materials: The lift manufacturer shall make training materials available to ensure the proper use and maintenance of the lift. These may include instructional videos, classroom curriculum, system test results or other related materials.
3.7.2.17 Identification and certification: Each lift shall be permanently and legibly marked or shall incorporate a non removable label or tag that states it conforms to all applicable requirements of the NSTSP. In addition and upon request of the original titled purchaser, the lift manufacturer or an authorized representative shall provide a notarized Certificate of Conformance, either original or photocopied, which states that the lift system meets all the applicable requirements of the current NSTSP.
3.7.3 Vehicle ramp
3.7.3.1 If a ramp is used, it shall be of sufficient strength and rigidity to support the special device, occupant, and attendant(s). It shall be equipped with a protective flange on each longitudinal side to keep special device on the ramp.
3.7.3.2 The surface of the ramp shall be constructed of non skid material.
3.7.3.3 The ramp shall be equipped with handles and shall be of weight and design to permit one person to put ramp in place and return it to its storage place.
3.7.3.4 Ramps used for emergency evacuation purposes may be installed in raised floor buses by manufacturers. They shall not be installed as a substitute for a lift when a lift is capable of serving the need.
3.8 Regular Service Entrance: On power lift equipped vehicles, steps shall be the full width of the step well, excluding the thickness of doors in the open position.
3.9 Restraining Devices
3.9.1 On power lift equipped vehicles with a GVWR of 10,000 pounds or more, seat frames may be equipped with attachment points to which belt assemblies can be attached for use with Child Safety Restraint Systems (CSRSs) that comply with FMVSS No. 213, Child Restraint Systems. Any belt assembly anchorage shall comply with FMVSS No. 210, Seat Belt Assembly Anchorages.
3.9.2 Alternatively, a child restraint anchorage system that complies with FMVSS No. 225, Child Restraint Anchorage Systems, may be installed.
3.9.3 Seat belt assemblies, if installed, shall conform to FMVSS No. 209, Seat Belt Assemblies.
3.9.4 Child safety restraint systems, which are used to facilitate the transportation of children who in other modes of transportation would be required to use a child, infant, or booster seat, shall conform to FMVSS No. 213.
3.10 Seating Arrangements: Flexibility in seat spacing to accommodate special devices shall be permitted to meet passenger requirements. All seating (forward facing) shall meet the requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection.
3.11 Securement and Restraint System for Wheelchair or Mobility Aid and Occupants: For purposes of understanding the various aspects and components of this section, the term securement and tiedown and the phrases securement system or tiedown system are used exclusively in reference to the devices that anchor the wheelchair to the vehicle. The term restraint and the phrase restraint system are used exclusively in reference to the equipment that is intended to limit the movement of the wheelchair occupant in a crash or sudden maneuver. The term wheelchair tiedown and occupant restraint system (WTORS) is used to refer to the total system that secures the wheelchair and restrains the wheelchair occupant.
3.11.1 WTORS general requirements
3.11.1.1 A self tightening wheel chair tiedown and self retracting adjustable height shoulder lap belt assembly shall be installed on specially equipped school buses. They shall be designed, installed and operated for use with forward facing wheel chair seated passengers within the bus and shall comply with all applicable requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, and SAE J2249, Wheelchair Tiedown and Occupant Restraint Systems for Use in Motor Vehicles.
3.11.1.2 WTORS, including the anchorage track, floor plates, pockets or other anchorages, shall be provided by the same manufacturer, or shall be certified to be compatible by manufacturers of all equipment systems used.
3.11.1.3 Wheelchair securement positions shall be located such that wheelchairs and their occupants do not block access to the lift door.
3.11.1.4 A device for storage of the WTORS shall be provided. When the system is not in use, the storage device shall allow for clean storage of the system, shall keep the system securely contained within the passenger compartment, shall provide reasonable protection from vandalism and shall enable the system to be readily accessed for use.
3.11.1.5 The WTORS, including the storage device, shall meet the flammability standards established in FMVSS No. 302, Flammability of Interior Materials.
3.11.1.6 The following information shall be provided with each vehicle equipped with a securement and restraint system:
3.11.1.6.1 A phone number where information can be obtained about installation, repair and parts. (Detailed written instructions and a parts list shall be available upon request.)
3.11.1.6.2 Detailed instructions regarding use, including a diagram showing the proper placement of the wheelchair mobility aids and positioning of securement devices and occupant restraints, including correct belt angles. 3.11.1.7 The WTORS manufacturer shall make training materials available to ensure the proper use and maintenance of the WTORS. These may include instructional videos, classroom curriculum, system test results or other related materials.
3.11.2 Wheelchair Securement Tiedown: (See 49 CFR 571.403, S5.4.1, S5.4.2.)
3.11.2.1 Each wheelchair position in a specially equipped school bus shall have a minimum clear floor area of 30 inches laterally by 52 inches longitudinally. Additional floor area may be required for some wheelchairs. Consultation between the user and the manufacturer is recommended to ensure that adequate area is provided.
3.11.3 Occupant Restraint System (See 49 CFR 571.403, S5.4.3, S5.4.4.)
3.12 Special Light: Doorways in which lifts are installed shall be equipped with a special light that provides a minimum of 2 foot candles of illumination measured on the floor of the bus immediately adjacent to the lift and on the lift during lift operation.
3.13 Special Service Entrance
3.13.1 Power lift equipped bodies shall have a special service entrance to accommodate the power lift.
Exception: A special service entrance shall not be required if the lift is designed to operate within the regular service entrance, is capable of stowing such that the regular service entrance is not blocked in any way and a person entering or exiting the bus is not impeded in any way.
3.13.2 The special service entrance and door shall be located on the right side of the bus and shall be designed so as not to obstruct the regular service entrance.
3.13.3 The opening may extend below the floor through the bottom of the body skirt. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings.
3.13.4 A drip molding shall be installed above the special service entrance to effectively divert water from the entrance.
3.13.5 Door posts and headers at the special service entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for special service entrance.
3.14 Special Service Entrance Door
3.14.1 A single door shall be used for the special service entrance. They shall have rub rails.
3.14.2 There shall be a 57" door height opening.
3.14.3 The door shall be hinged to the forward side of the entrance unless this would obstruct the regular service entrance. If the door is hinged to the rearward side of the doorway, the door shall utilize a safety mechanism which will prevent the door from swinging open should the primary door latch fail.
3.14.4 The door shall have positive fastening devices to hold doors in the “open” position when the special service entrance is in use.
3.14.5 The door shall be weather sealed.
3.14.6 Door materials, panels and structural components shall have strength equivalent to the conventional service and emergency doors. Color, rub rail extensions, lettering and other exterior features shall match adjacent sections of the body.
3.14.7 The door shall have windows set in a waterproof manner that are visually similar in size and location to adjacent non door windows. Glazing shall be of same type and tinting as standard fixed glass in the side windows.
3.14.8 The door shall be equipped with a device that will actuate an audible or visible signal located in the driver's compartment when the door is not securely closed and the ignition is in "on" position.
3.14.9 A switch shall be installed so that the lift mechanism will not operate when the lift platform door is closed.
3.14.10 The special service entrance door shall be equipped with padding at the top edge of the door opening. The padding shall be at least 3 inches wide and 1 inch thick and shall extend the full width of the door opening.
10 DE Reg. 690 (10/01/06)
16 DE Reg. 418 (10/01/12)
### **1104** Standards for School Buses placed in production on or after January 1, 2012
##### **14 Del. Admin. Code § 1104** Standards for School Buses placed in production on or after January 1, 2012 {#sec-1104 omnilex-key=us-de-regs-official--title-14--1104}
1100 Transportation
1104 Standards for School Buses placed in production on or after January 1, 2012
(Terminology and School Bus Types are Those Described in the National School Transportation Specifications and Procedures (NSTSP), May 2010- available at http://www.ncstonline.org).
Multifunction School Activity Buses shall also meet all of the following school bus chassis and body standards.
1.0 Bus Body and Chassis Standards
1.1 Air Cleaner
1.1.1 A dry element type air cleaner shall be provided.
1.1.2 All diesel engine air filters shall include a latch type restriction indicator that retains the maximum restriction developed during operation of the engine. The indicator shall include a reset control so the indicator can be returned to zero when desired.
1.2 Aisle
1.2.1 All emergency exit doors shall be accessible by a 12 inch minimum aisle. The aisle shall be unobstructed at all times by any type of barrier, seat, wheelchair or tiedown. The track of a track seating system is exempt from this requirement.
1.2.2 The seat backs shall be slanted sufficiently to give aisle clearance of 12 inches at tops of seat backs.
1.3 Axles: The front and rear axle and suspension systems shall have a Gross Axle Weight Rating (GAWR) at ground commensurate with the respective front and rear weight loads of the bus loaded to the rated passenger capacity.
1.3.1 All buses with a capacity of 54 passengers or greater shall have a 10,000 pound front axle minimum.
1.4 Back Up Warning Alarm: An automatic audible alarm shall be installed behind the rear axle and shall comply with the published Backup Alarm Standards (SAE J994b), providing a minimum of 112 dBA, or shall have a variable volume feature that allows the alarm to vary from 87 dBA to 112 dBA sound level, staying at least 5 dBA above the ambient noise level.
1.5 Brakes, General
1.5.1 The chassis brake system shall conform to the provisions of Federal Motor Vehicle Safety Standard (FMVSS) Nos. 105, Hydraulic and Electric Brake Systems,106, Brake Hoses, and 121, Air Brake Systems, as applicable.
1.5.2 The antilock brake system (ABS), provided in accordance with FMVSS No. 105, Hydraulic and Electric Brake Systems, or No. 121, Air Brake Systems, shall provide wheel speed sensors for each front wheel and for each wheel on at least one rear axle. The system shall provide antilock braking performance for each wheel equipped with sensors (Four Channel System).
1.5.3 All brake systems shall be designed to permit visual inspection of brake lining wear without removal of any chassis component(s).
1.5.4 The brake lines, booster assist lines, and control cables shall be protected from excessive heat, vibration and corrosion and installed in a manner that prevents chafing.
1.5.5 The parking brake system for either air or hydraulic service brake systems may be of a power assisted design. The power parking brake actuator should be a device located on the instrument panel within reach of a seated 5th percentile female driver. As an option, the parking brake may be set by placing the automatic transmission shift control mechanism in the “park” position.
1.5.6 The power operated parking brake system may be interlocked to the engine key switch. Once the parking brake has been set and the ignition switch turned to the “off” position, the parking brake cannot be released until the key switch is turned back to the “on” position.
1.6 Brakes, Hydraulic: Buses using a hydraulic assist brake shall be equipped with audible and visible warning signals that provide a continuous warning to the driver indicating a loss of fluid flow from the primary source or a failure of the back up pump system.
1.7 Brakes, Air
1.7.1 The air pressure supply system shall include a desiccant type air dryer installed according to the manufacturer’s recommendations. The air pressure storage tank system may incorporate an automatic drain valve.
1.7.2 The chassis manufacturer shall provide an accessory outlet for air operated systems installed by the body manufacturer. This outlet shall include a pressure protection valve to prevent loss of air pressure in the service brake reservoir.
1.7.3 For air brake systems, an air pressure gauge shall be provided in the instrument panel capable of complying with Commercial Driver’s License (CDL) pretrip inspection requirements.
1.7.4 Air brake equipped buses shall be equipped with a service brake interlock, so that the parking brake cannot be released until the brake pedal is depressed.
1.7.5 Air brake systems shall include a system for anti compounding of the service brakes and parking brakes.
1.7.6 Air brakes shall have both a visible and audible warning device whenever the air pressure falls below the level where warnings are required under FMVSS No. 121, Air Brake Systems.
1.8 Bumper: Front
1.8.1 School buses shall be equipped with a heavy duty front bumper.
1.8.2 The front bumper on buses of Type A-2 (with a GVWR greater than 14,500 pounds), Type B, Type C, and Type D shall be equivalent in strength and durability to pressed steel channel at least 3/16 inches thick and not less than 8 inches wide (high). It shall extend beyond the forward most part of the body, grille, hood, and fenders and shall extend to outer edges of the fenders at the bumper's top line.
1.8.3 Type A buses having a GVWR of 14,500 pounds or less may be equipped with an OEM supplied front bumper. The front bumper shall be of sufficient strength to permit being pushed by another vehicle on a smooth surface with a 5 degree, (8.7 percent) grade, without permanent distortion. The contact point on the front bumper is intended to be between the frame rails, with as wide a contact area as possible. If the front bumper is used for lifting, the contact points shall be under the bumper attachments to the frame rail brackets unless the manufacturer specifies different lifting points in the owner's manual. Contact and lifting pressures should be applied simultaneously at both lifting points.
1.8.4 The front bumper, except breakaway bumper ends, shall be of sufficient strength to permit pushing a vehicle of equal gross vehicle weight, per 1.8.2 and 1.8.3, without permanent distortion to the bumper, chassis or body.
1.8.5 The bumper shall be designed or reinforced so that it will not deform when the bus is lifted by a chain that is passed under the bumper (or through the bumper if holes are provided for this purpose) and attached to both tow hooks/eyes. For the purpose of meeting this standard, the bus shall be empty and positioned on a level, hard surface and both tow hooks/eyes shall share the load equally.
1.9 Bumper: Rear
1.9.1 The bumper on Type A-1 buses shall be a minimum of 8 inches wide (high). Bumpers on Types A-2, B, C and D buses shall be a minimum of 9 ½ inches wide (high). The bumper shall be of sufficient strength to permit being pushed by another vehicle of similar size and being lifted by the bumper without permanent distortion.
1.9.2 The bumper shall wrap around the back corners of the bus. It shall extend forward at least 12 inches, measured from the rear most point of the body at the floor line, and shall be mounted flush with the sides of the body or protected with an end panel.
1.9.3 The bumper shall be attached to the chassis frame in such a manner that it may be removed. It shall be braced to resist deformation of the bumper resulting from impact from the rear or the side. It shall be designed to discourage hitching of rides by an individual.
1.9.4 The bumper shall extend at least 1 inch beyond the rear most part of the body surface measured at the floor line.
1.9.5 The bottom of the rear bumper shall not be more than 30 inches above ground level.
1.10 Certification: Upon request of the Delaware Department of Education, the chassis and body manufacturer shall certify that its product meets the state’s minimum standards on items not covered by the FMVSS certification requirements of 49 CFR, Part 567: Certification.
1.11 Clutch
1.11.1 Clutch torque capacity shall be equal to or greater than the engine torque output.
1.11.2 A starter interlock shall be installed to prevent actuation of the starter if the clutch pedal is not depressed.
1.12 Color
1.12.1 The chassis, including wheels and front bumper, shall be black. The school bus body, body cowl, hood and fenders shall be in National School Bus Yellow (NSBY). The flat top surface of the hood may be painted with nonreflective NSBY. (See Appendix B, 2010 National School Transportation Specifications and Procedures (NSTSP)).
1.12.2 Wheels shall be black or aluminum.
1.12.3 Wheel covers shall not be permitted and hubs and lug nuts shall be exposed.
1.12.4 Buses shall be equipped with mud flaps. They shall be black except they may have manufacturer’s logo or name in white or yellow.
1.12.5 The body exterior paint trim, bumper, lamp hoods, rub rails, emergency door arrow, and lettering shall be black. (See illustration in NSTSP, Appendix B)
1.12.6 Except for the front and rear roof caps, which shall be NSBY the roof of the bus may be painted white. The white roof shall terminate no lower than 6 inches above the dip rail.
1.13 Communications: Buses shall be equipped with a radio (non CB) or telephonic communication device. It will be added by the school district, school, or contractor.
1.14 Construction
1.14.1 Side Intrusion Test:
1.14.1.1 The bus body shall be constructed to withstand an intrusion force equal to the curb weight of the vehicle or 20,000 pounds, whichever is less. Each vehicle shall be capable of meeting this requirement when tested in accordance with the procedures set forth below.
1.14.1.2 The complete body structure, or a representative seven body section mock up with seats installed, shall be load tested at a location 24 + or - 2 inches above the floor line, with a maximum 10 inch diameter cylinder, 48 inches long, mounted in a horizontal plane.
1.14.1.3 The cylinder shall be placed as close as practical to the mid point of the tested structure, spanning two internal vertical structural members. The cylinder shall be statically loaded to the required force of curb weight or 20,000 pounds, whichever is less, in a horizontal plane with a load applied from the exterior toward the interior of the test structure. When the minimum load has been applied, the penetration of the loading cylinder into the passenger compartment shall not exceed ten inches from its original point of contact. There can be no separation of lapped panels or construction joints. Punctures, tears or breaks in the external panels are acceptable but are not permitted on any adjacent interior panel.
1.14.1.4 Body companies shall certify compliance with this intrusion requirement and include test results, as requested.
1.14.2 Construction shall be reasonably dust proof and watertight.
1.15 Crossing Control Arm
1.15.1 Buses shall be equipped with a crossing control arm mounted on the right side of the front bumper. When opened, the arm shall extend in a line parallel to the body side and aligned with the right front wheels.
1.15.2 All components of the crossing control arm and all connections shall be weatherproofed.
1.15.3 The crossing control arm shall incorporate system connectors (electrical, vacuum, or air) at the gate and shall be easily removable to allow for towing of the bus.
1.15.4 The crossing control arm shall be constructed of non corrodible or nonferrous material, or treated in accordance with the body sheet metal standard (see “Metal Treatment”, this section).
1.15.5 There shall be no sharp edges or projections that could cause injury or be a hazard to students. The end of the arm shall be rounded.
1.15.6 The crossing control arm shall extend minimum of 70 inches (measured from the bumper at the arm assembly attachment point) when in the extended position. The crossing control arm shall not extend past the end of the bumper when in the stowed position.
1.15.7 The crossing control arm shall extend simultaneously with the stop signal arm activated by stop signal arm controls.
1.15.8 An automatic recycling interrupt switch shall not be installed for temporarily disabling the crossing control arm.
1.15.9 The assembly shall include a device attached to the bumper near the end of the arm to automatically retain the arm while in the stowed position. That device shall not interfere with normal operations of the crossing control arm.
1.16 Defrosters
1.16.1 Defrosting and defogging equipment shall direct a sufficient flow of heated air onto the windshield, the window to the left of the driver and the glass in the viewing area directly to the right of the driver to eliminate frost, fog and snow. (Exception: The requirements of this standard do not apply to the exterior surfaces of double pane storm windows.)
1.16.2 The defrosting system shall conform to SAE J381, Windshield Defrosting Systems Test Procedure and Performance Requirements Trucks, Buses, and Multipurpose Vehicles.
1.16.3 The defroster and defogging system shall be capable of furnishing heated, outside ambient air, except that the part of the system furnishing additional air to the windshield, entrance door and stepwell may be the recirculating air type.
1.16.4 Auxiliary fans (2) shall meet the following requirements:
1.16.4.1 Fans for left and right sides of the windshield shall be placed in a location where they can be adjusted for maximum effectiveness and where they do not obstruct vision to any mirror. Note: Type A buses may be equipped with one fan.
1.16.4.2 Fans shall have 6 inch (nominal) diameter; and
1.16.4.3 Fan blades shall be enclosed in a protective cage. Each fan shall be controlled by a separate switch.
1.16.5 Portable heaters shall not be used.
1.17 Doors
1.17.1 The entrance door shall be under the driver's control, designed to afford easy release and to provide a positive latching device on manual operating doors to prevent accidental opening. When a hand lever is used, no part shall come together that will shear or crush fingers. Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation, as tested on a 10 percent grade, both uphill and downhill.
1.17.2 The entrance door shall be located on the right side of the bus, opposite and within direct view of driver.
1.17.3 The entrance door shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches.
1.17.4 The entrance door shall be a split type door and shall open outward.
1.17.5 All entrance door glass shall be approved safety glass. The bottom of each lower glass panel shall be not more than 10 inches from the top surface of the bottom step. The top of each upper glass panel when viewed from the interior shall be not more than 3 inches below the interior door control cover or header pad.
1.17.6 Vertical closing edges on entrance doors shall be equipped with flexible material.
1.17.7 All door openings shall be equipped with padding at the top edge of the opening. Padding shall be at least 3 inches wide and 1inch thick and extend the full width of the door opening.
1.17.8 On power operated entrance doors, the actuation switch shall be on or to the right of the steering wheel within reach of a seated 5th percentile female driver or integrated into the steering wheel.
1.17.8.1 The amber signal lamps shall be controlled by a manual button located on the steering wheel or to the right of the driver.
1.17.8.2 On power operated entrance doors, the emergency release valve, switch or device to release the entrance door must be placed above or to the immediate left or immediate right of the entrance door and must be clearly labeled. The emergency release valve, switch or device shall work in the absence of power.
1.18 Drive Shaft: The drive shaft shall be protected by a metal guard or guards around the circumference of the drive shaft to reduce the possibility of its whipping through the floor or dropping to the ground, if broken.
1.19 Electrical System
1.19.1 Battery
1.19.1.1 Buses shall be equipped with a minimum of two batteries having a minimum total cold cranking capacity rating of 1900 CCA (cold cranking amps).
1.19.1.2 The manufacturer shall securely attach the battery on a slide out or swing out tray in a closed, vented compartment in the body skirt, so that the battery is accessible for convenient servicing from the outside. The battery compartment door or cover shall be hinged at the front or top and shall be secured by an adequate and conveniently operated latch or other type fastener. Battery cables installed by the body manufacturer shall meet chassis manufacturer and SAE requirements. Battery cables shall be of sufficient length to allow the battery tray to fully extend.
1.19.1.3 The batteries are to be secured in a sliding tray except that on van conversion or cutaway front-section chassis, batteries may be secured in accordance with the manufacturer’s standard configuration. In these cases, the final location of the battery and the appropriate cable lengths shall be agreed upon mutually by the chassis and body manufacturers.
1.19.1.4 Buses may be equipped with a battery shut off switch. The switch is to be placed in a location not readily accessible to the driver or passengers.
1.19.2 Alternator
1.19.2.1 All Type A-2 and Type B buses with a GVWR of 15,000 pounds or less shall have a minimum 130 ampere alternator
1.19.2.2 All buses over 15,000 pounds Gross Vehicle Weight Rating (GVWR) and all Type C and Type D buses shall be equipped with a heavy duty truck or bus type alternator having a minimum output rating of 160 amperes or higher, and should produce a minimum current output of 100 amperes at engine idle speed.
1.19.2.3 Buses equipped with an electrically powered wheelchair lift, air conditioning or other accessories may be equipped with a device that monitors the electrical system voltage and advances the engine idle speed when the voltage drops to, or below, a preset level.
1.19.2.4 Buses equipped with an electrically powered wheelchair lift shall have a minimum 175 ampere alternator.
1.19.2.5 A belt-driven alternator drive shall be capable of handling the rated capacity of the alternator with no detrimental effect on any other driven components. (For estimating required alternator capacity, see School Bus Manufacturers Technical Council’s (SBMTC) publication, “School Bus Technical Reference,” available at http://www.nasdpts.org)
1.19.2.6 A direct drive alternator is permissible in lieu of a belt driven alternator.
1.19.3 Electrical Components: Materials in all electrical components shall contain no mercury.
1.19.4 Wiring, Chassis
1.19.4.1 All wiring shall conform to current applicable recommended practices of the Society of Automotive Engineers (SAE).
1.19.4.1.1 All wiring shall use color and at least one other method for identification. The other method shall be either a number code or name code, and each chassis shall be delivered with a wiring diagram that illustrates the wiring of the chassis.
1.19.4.1.2 Body accessories shall be wired through the ignition switch and the clearance lights through a separate switch wired through the electronic controlled body solenoid module.
1.19.4.2 The chassis manufacturer of an incomplete vehicle shall install a readily accessible terminal strip or connector on the body side of the cowl or in an accessible location in the engine compartment of vehicles designed without a cowl. The strip or connector shall contain the following terminals for the body connections:
1.19.4.2.1 Main 100 amp body circuit;
1.19.4.2.2 Tail lamps;
1.19.4.2.3 Right turn signal;
1.19.4.2.4 Left turn signal;
1.19.4.2.5 Stop lamps;
1.19.4.2.6 Backup lamps; and
1.19.4.2.7 Instrument panel lights (rheostat controlled by headlamp switch)
1.19.4.3 An appropriate identifying diagram (color plus a name or number code) for all chassis electrical circuits shall be provided to the body manufacturer for distribution to the end user.
1.19.4.4 Wiring for the headlamp system must be separate from the electronic controlled body solenoid module.
1.19.5 Wiring, Body
1.19.5.1 All wiring shall conform to current SAE standards.
1.19.5.2 All wiring shall have an amperage capacity exceeding the design load by at least 25%. All wiring splices are to be accessible and noted as splices on the wiring diagram.
1.19.5.3 A body wiring diagram, sized to be easily read, shall be furnished with each bus body or affixed to an area convenient to the electrical accessory control panel.
1.19.5.4 The body power wire shall be attached to a special terminal on the chassis.
1.19.5.5 Each wire passing through metal openings shall be protected by a grommet.
1.19.5.6 Wires not enclosed within the body shall be fastened securely at intervals of not more than 18 inches. All joints shall be soldered or joined by equally effective connectors, which shall be water resistant and corrosion resistant.
1.19.5.7 Wiring shall be arranged in circuits, as required, with each circuit protected by a fuse, breaker or electronic protection device. A system of color and number coding shall be used and an appropriate identifying diagram shall be provided to the end user, along with the wiring diagram provided by the chassis manufacturer. The wiring diagrams shall be specific to the bus model supplied and shall include any changes to wiring made by the body manufacturer. Chassis wiring diagrams shall be supplied to the end user. The following body interconnecting circuits shall be color coded as noted:
FUNCTION
COLOR
Left Rear Directional Lamp
Yellow
Right Rear Directional Lamp
Dark Green
Stop Lamps
Red
Back up Lamps
Blue
Tail Lamps
Brown
Ground
White
Ignition Feed, Primary Feed
Black
Note: The color of the cables shall correspond to SAE J 1128, Low Tension Primary Cable.
1.19.5.8 Wiring shall be arranged in at least six regular circuits, as follows:
1.19.5.8.1 Head, tail, stop (brake), clearance and instrument panel lamps;
1.19.5.8.2 Stepwell lamps that shall be actuated when entrance door is open;
1.19.5.8.3 Dome lamps;
1.19.5.8.4 Ignition and emergency door signal;
1.19.5.8.5 Turn signal lamps; and
1.19.5.8.6 Alternately flashing signal lamps.
1.19.5.9 Any of the above combination circuits may be subdivided into additional independent circuits.
1.19.5.10 Heaters and defrosters shall be wired on an independent circuit.
1.19.5.11 Whenever possible, all other electrical functions (such as sanders and electric type windshield wipers) shall be provided with independent and properly protected circuits.
1.19.5.12 Each body circuit shall be coded by number or letter on a diagram of circuits and shall be attached to the body in a readily accessible location.
1.19.7 Buses shall be equipped with a 12 volt power port in the driver compartment.
1.19.8 There shall be a manual noise suppression switch installed in the control panel. The switch shall be labeled and alternately colored. This switch shall be an on/off type that deactivates body equipment that produces noise, including, at least, the AM/FM radio, heaters, air conditioners, fans and defrosters. This switch shall not deactivate safety systems, such as windshield wipers or lighting systems.
1.19.9 The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted.
1.20 Emergency Equipment
1.20.1 Fire Extinguisher
1.20.1.1 The bus shall be equipped with at least one UL approved pressurized, dry chemical fire extinguisher. The extinguisher shall be secured in a mounted bracket, located in the driver's compartment and readily accessible to the driver and passengers. A pressure gauge shall be mounted on the extinguisher and shall be easily read without moving the extinguisher from its mounted position.
1.20.1.2 The fire extinguisher shall have a rating of 2-A:10-BC or greater. The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher.
1.20.2 First aid kit
1.20.2.1 The bus shall have a removable, moisture proof and dust proof first aid kit in an accessible place in the driver's compartment. It shall be mounted and identified as a first aid kit. The location for the first aid kit shall be marked.
1.20.2.2 Minimum contents include:
Units
Quantity per unit
2
12 - 1” x 3” adhesive bandages
3
2 - 2” bandage compress
3
1 - 4” bandage compress
2
1 - non sterile triangular bandages approx. 40” x 36” x 54” with 2 safety pins
1.20.3 Body fluid clean up kit: Each bus shall have a removable and moisture proof body fluid clean up kit accessible to the driver. It shall be mounted and identified as a body fluid clean up kit in the driver’s compartment. Minimum contents of the body fluid clean up kit shall include the following:
1.20.3.1 1 16 oz. bottle of 70% rubbing alcohol or 10% solution of bleach
1.20.3.2 1 plastic trash bag with tie, minimum of 12" x 12"
1.20.3.3 2 pairs of medical examination gloves (non latex)
1.20.3.4 10 paper towels, approximately 10 1/ 2" x 12 1/2"
1.20.4 Warning devices: Each school bus shall contain at least 3 retroreflective triangle road warning devices that meet requirements in FMVSS No. 125, Warning Devices. They shall be mounted in an accessible place.
1.20.5 Any piece of emergency equipment may be mounted in an enclosed compartment, provided the compartment is labeled in not less than 1 inch letters, identifying each piece of equipment contained therein.
1.21 Emergency Exits
1.21.1 Any installed emergency exit shall comply with the design and performance requirements of FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, applicable to that type of exit, regardless of whether or not that exit is required by FMVSS No. 217.
1.21.2 Emergency window requirements
1.21.2.1 The rear emergency window shall have a lifting assistance device that will aid in lifting and holding the rear emergency window open.
1.21.2.2 Side emergency exit windows shall be vertically hinged on the forward side of the window. No side emergency exit window will be located above a stop arm.
1.21.3 Emergency door requirements
1.21.3.1 The upper portion of the emergency door shall be equipped with approved safety glazing, the exposed area of which shall be at least 400 square inches. The lower portion of the rear emergency doors on Types A-2, B, C, and D vehicles shall be equipped with a minimum of 350 square inches of approved safety glazing.
1.21.3.2 There shall be no steps leading to an emergency door.
1.21.3.3 Padding shall be affixed to the top edge of each door opening. Padding shall be at least 3 inches wide and 1 inch thick and shall extend the full width of the door opening.
1.21.3.4 The side emergency door, if installed, shall have a clear aisle leading to it i.e., flip seats shall not be used.
1.21.3.5 There shall be no obstruction higher than 1/4 inch across the bottom of any emergency door opening. Fasteners used within the emergency exit opening shall be free of sharp edges or burrs.
1.21.4 Emergency exit requirements: Types A, B, C, and D vehicles shall be equipped with a total number of emergency exits as follows for the equipped seating capacities of vehicles. Exits required by FMVSS 217 may be included to comprise the total number of exits specified.
1 to 42 Passenger
=
1 emergency exit per side and 1 roof hatch.
43 to 78 Passenger
=
2 emergency exits per side and 2 roof hatches.
79 to 90 Passenger
=
3 emergency exits per side and 2 roof hatches.
1.21.5 In addition to the audible warning required on emergency doors by FMVSS 217, additional emergency exits shall also be equipped with an audible warning device.
1.22 Engine
1.22.1 GVWR shall not exceed 185 pounds per published net horsepower of the engine at the manufacturer's recommended maximum number of revolutions per minute.
1.22.2 For school buses with less than 36 passenger capacity, the minimum power plant shall be 160 hp engine or equal.
1.22.3 For school buses with a capacity of 36 passengers or greater, the engine will produce at least 190 hp measured at an RPM not to exceed 2,600 and generate at least 420 foot pounds of torque.
1.22.4 All engines shall have an engine block heater.
1.23 Exhaust System
1.23.1 The exhaust pipe, after treatment system and tailpipe shall be outside the bus body compartment and shall be attached to the chassis so any other chassis component is not damaged.
1.23.2 The tailpipe and after treatment system shall be constructed of a corrosion resistant tubing material at least equal in strength and durability to 16 gauge steel tubing of equal diameter.
1.23.3 Chassis manufacturers shall furnish an exhaust system with a tailpipe of sufficient length to exit to the left or right of the emergency exit door in the rear of the vehicle.
1.23.3.1 On Types C and D vehicles, the tailpipe shall not exit beneath a fuel fill or emergency door exit.
1.23.3.2 Types A and B chassis may be furnished with the manufacturer's standard tailpipe configuration.
1.23.3.3 Chassis manufacturers may furnish a tailpipe that exits through the rear bumper.
1.23.4 The exhaust system on a chassis shall be adequately insulated from the fuel system.
1.23.5 The exhaust system on the chassis may be routed to the left of the right frame rail to allow for the installation of a power lift unit on the right side of the vehicle.
1.23.6 The tailpipe may be flush with, but shall not extend out more than two inches beyond the bumper.
1.23.7 The design of the after treatment systems shall not allow active (non-manual) regeneration of the particulate filter during the loading and unloading of passengers. Manual regeneration systems will be designed such that unintentional operation will not occur.
1.23.8 For after treatment systems that require Diesel Exhaust Fluid (DEF) to meet federally mandated emissions:
1.23.8.1 The composition of Diesel Exhaust Fluid (DEF) must comply with International Standard ISO 22241-1. Refer to engine manufacturer for any additional DEF requirements.
1.23.8.2 The DEF supply tank shall have a minimum capacity of 11.5 gallons.
1.24 Fenders, Front
1.24.1 When measured at the fender line, the total spread of the outer edges of front fenders shall exceed the total spread of front tires when front wheels are in a straight ahead position.
1.24.2 Front fenders shall be properly braced and shall not require attachment to any part of the body.
1.25 Fire Suppression Systems
1.25.1 The chassis manufacturer may provide an automatic fire extinguisher system in the engine compartment.
1.25.2 Fire suppression system nozzles shall be located in the engine compartment, under the bus, in the electrical panel or under the dash, but they shall not be located in the passenger compartment. The system must include a lamp or buzzer to alert the driver that the system has been activated.
1.26 Floors
1.26.1 The floor in the under seat area, including tops of wheel housings, driver's compartment and toeboard, shall be covered with an elastomer floor covering, having a minimum overall thickness of .125 inches and a calculated burn rate of 0.1 or less, using the test methods, procedures and formulas listed in FMVSS No. 302, Flammability of Interior Materials. The driver's area and toeboard area in all Type A buses may be manufacturer's standard flooring and floor covering.
1.26.2 The floor covering in the aisles shall be ribbed or other raised pattern elastomer and have a calculated burn rate of .1 or less using the test methods, procedures and formulas listed in FMVSS No. 302. Minimum overall thickness shall be 3/16 inch measured from tops of ribs.
1.26.3 The floor covering must be permanently bonded to the floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be a type recommended by the manufacturer of floor covering material. All seams shall be sealed with waterproof sealer.
1.26.4 On Types B, C and D buses, a flush mounted, screw down plate that is secured and sealed shall be provided to access the fuel tank sending unit and/or fuel pump. This plate shall not be installed under flooring material.
1.27 Frame
1.27.1 Frame lengths shall be established in accordance with the design criteria for the complete vehicle.
1.27.2 Making holes in top or bottom flanges or side units of the frame and welding to the frame shall not be permitted except as provided or accepted by the chassis manufacturer.
1.27.3 Frames shall not be modified for the purpose of extending the wheel base.
1.27.4 Any secondary manufacturer that modifies the original chassis frame shall provide a warranty at least equal to the warranty offered by the original equipment manufacturer (OEM), and shall certify that the modification and other parts or equipment affected by the modification shall be free from defects in material and workmanship under normal use and service intended by the OEM.
1.28 Fuel System
1.28.1 Fuel tank(s) for school buses with capacity of 36 passengers and above having a minimum 60 gallon capacity shall be provided by the chassis manufacturer. School buses less than a capacity of 36 shall have a manufacturer’s standard fuel tank. Each tank shall be filled from and vented to the outside of the passenger compartment and each fuel filler shall be placed in a location where accidental fuel spillage will not drip or drain on any part of the exhaust system.
1.28.2 The fuel system shall comply with FMVSS No. 301, Fuel System Integrity.
1.28.3 Fuel tank(s) may be mounted between the chassis frame rails or outboard of the frame rails on either the left or right side of the vehicle.
1.28.4 The actual draw capacity of each fuel tank shall be a minimum of 83% of the tank capacity.
1.28.5 Installation of alternative fuel systems, including fuel tanks and piping from tank to the engine, shall comply with all applicable fire codes in effect on the date of manufacture of the bus.
1.28.6 Fuel gauges must be calibrated for size of tank used. If more than one tank is used, there must be a gauge for each tank.
1.28.7 Installation of Liquified Petroleum Gas (LPG) tanks shall comply with National Fire Protection Association (NFPA) 58, Liquified Petroleum Gas Code.
1.28.8 Installation of Compressed natural gas (CNG) containers shall comply with FMVSS No. 304, Compressed Natural Gas Fuel Container Integrity.
1.28.9 The CNG Fuel System shall comply with FMVSS No. 303, Fuel System Integrity of Compressed Natural Gas Vehicles.
1.29 Governor: An electronic engine speed limiter shall be provided and set to limit engine speed, not to exceed the maximum revolutions per minute, as recommended by the engine manufacturer.
1.30 Handrails: At least one handrail shall be installed. The handrail(s) shall assist passengers during entry or exit, and shall be designed to prevent entanglement, as evidenced by the passage of the National Highway Transportation Safety Administration (NHTSA) string and nut test.
1.31 Heating System, Provision For: The chassis engine shall have plugged openings for the purpose of supplying hot water for the bus heating system. The engine shall be capable of supplying coolant at a temperature of at least 170 degrees Fahrenheit at the engine cooling thermostat opening. The coolant flow rate shall be 50 pounds per minute at the return end of 30 feet of one inch inside diameter automotive hot water heater hose. (See SBMTC-001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment.)
1.32 Heating and Air Conditioning Systems
1.32.1 Heating System
1.32.1.1 The heater shall be a hot water type.
1.32.1.2 Buses with a capacity of 36 or more shall have at least one heater at the front and 1 heater in the rear portion of the bus. Buses with 2 heaters at the front shall have 1 to the left of the driver, and 1 to the right of the driver near the entrance door.
1.32.1.3 If only one heater is used, it shall be fresh air or combination fresh air and recirculation type.
1.32.1.4 If more than one heater is used, additional heaters may be recirculating air type.
1.32.1.5 The heating system shall be capable of maintaining bus interior temperatures, as specified in test procedure SAE J2233.
1.32.1.6 Auxiliary fuel fired heating systems are permitted, provided they comply with the following:
1.32.1.6.1 The auxiliary heating system shall utilize the same type fuel as specified for the vehicle engine;
1.32.1.6.2 An auxiliary heating system when connected to the engine coolant system may be used to preheat the engine coolant or preheat and add supplementary heat to the heating system;
1.32.1.6.3 Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in such a manner that will endanger bus passengers;
1.32.1.6.4 All combustion heaters shall be in compliance with current Federal Motor Carrier Safety Regulations;
1.32.1.6.6 The auxiliary heating system shall require low voltage; and
1.32.1.6.7 Auxiliary heating systems shall comply with FMVSS No. 301, Fuel System Integrity, and all other applicable FMVSSs, as well as with SAE test procedures.
1.32.1.7 All forced air heaters installed by body manufacturers shall bear a name plate that indicates the heater rating in accordance with SBMTC-001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate.
1.32.1.8 Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE J20c, Coolant System Hoses. Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers.
1.32.1.9 Each hot water system installed by a body manufacturer shall include one shut off valve in the pressure line and one shut off valve in the return line, with both valves at the engine in an accessible location, except that on Types A and B buses, the valves may be installed in another accessible location.
1.32.1.10 All heaters in the passenger compartment shall be equipped with a device installed in the hot water pressure line, which regulates the water flow to all passenger heaters. The device shall be conveniently operated by the driver while seated. The driver and passenger heaters may operate independently of each other for maximum comfort.
1.32.1.11 Accessible bleeder valves for removing air from the heater shall be installed in an appropriate place in the return lines of body company installed heater.
1.32.1.12 Access panels shall be provided to make heater motors, cores and fans readily accessible for service. An exterior access panel to the driver’s heater may be provided.
1.32.2 Air Conditioning
1.32.2.1 Performance Specifications
1.32.2.1.1 The installed air conditioning system shall cool the interior of the bus from 100 degrees to 80 degrees Fahrenheit, measured at three points (minimum), located four feet above the floor on the longitudinal centerline of the bus. The three required points shall be: (1) near the driver’s location, (2) at the longitudinal midpoint of the body, and (3) two feet forward of the emergency door, or, for Type D rear engine buses, two feet forward of the end of the aisle.
1.32.2.1.2 The test conditions under which the above performance must be achieved shall consist of: (1) placing the bus in a room (such as a paint booth) where ambient temperature can be maintained at 100 degrees Fahrenheit; (2) heat soaking the bus at 100 degrees Fahrenheit with windows open for at least one hour; and (3) closing windows, turning on the air conditioner with the engine running at the chassis manufacturer’s recommended high idle speed, and cooling the interior of the bus to 80 degrees Fahrenheit, or lower, within 30 minutes while maintaining 100 degrees Fahrenheit outside temperature.
1.32.2.1.3 Alternately, this test may be performed under actual summer conditions, which consist of temperatures above 85 degrees Fahrenheit, humidity above 50 percent with normal sun loading of the bus and the engine running at the engine manufacturer’s recommended low idle speed. After a minimum of 1 hour of heat soaking, the system shall be turned on and must provide a minimum of a 20 degree temperature drop in the 30 minute time limit.
1.32.2.1.4 The manufacturer shall provide facilities for the user or user's representative to confirm that a pilot model of each bus design meets the above performance requirements.
1.32.2.2 Other Requirements
1.32.2.2.1 Evaporator cases, lines and ducting (as equipped) shall be designed in such a manner that all condensation is effectively drained to the exterior of the bus below the floor level under all conditions of vehicle movement and without leakage on any interior portion of bus.
1.32.2.2.2 Evaporators or ducting systems shall be designed and installed to be free of projections or sharp edges. Ductwork shall be installed so that exposed edges face the front of the bus and do not present sharp edges.
1.32.2.2.3 Evaporator cases and ducting systems shall be equipped with diffusers that are adjustable.
1.32.2.2.4 The condensers shall be equipped with a sight glass (or at least one for each part of a split system) that is accessible and directly visible for checking the level of the refrigerant.
1.32.2.2.5 The compressor system shall be equipped with both a high pressure and a low pressure switch to prevent compressor operation when system temperatures are above or below recommended safe levels. Lubrication of moving compressor parts shall be accomplished automatically. An automatic (electric) clutch shall be provided on each compressor.
1.32.2.2.6 All system operating controls, including on off switch(es), blower switch(es) and thermostat controls shall be within reach of a seated 5th percentile adult female driver.
1.32.2.2.7 Blowers shall be a minimum of two speeds.
1.32.2.2.8 Wiring shall be copper with color coded insulation. The air conditioning system shall be equipped with at least one manually resetable circuit breaker per side to provide overload protection for the main power circuit feeding the evaporator blowers and condenser fans. System control circuits shall also have overload protection, but may be fused.
1.32.2.2.9 Refrigerant shall be R 134A.
1.32.2.2.10 All wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear. All flexible refrigerant hoses shall be double braided.
1.32.2.2.11 On school buses equipped with Type 2 seatbelts having anchorages above the windows, the evaporator and ducting (if used) shall be placed at a height sufficient to not obstruct occupant securement anchorages. This clearance shall be provided along the entire length of the passenger area on both sides of the bus interior;
1.32.2.2.12 The body shall be equipped with insulation, including sidewalls, roof, firewall, rear, inside body bows and plywood or composite floor insulation to reduce thermal transfer.
1.32.2.2.13 All glass shall be tinted (see “Windows”, this section and “Special Service Entrance Door”, section 2).
1.32.2.2.14 Type A buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 130 amperes. Type B, C, and D buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 200 amperes.
1.32.2.2.15 Roofs shall be painted white to aid in heat dissipation (see “Color”, this section).
1.32.2.2.16 Air intake for any evaporator assembly(ies), except for front evaporator of Type A-I, shall be equipped with replaceable air filter(s) accessible without disassembly of evaporator case.
1.32.2.2.17 For all buses (except Type D rear engine transit) equipped with a rear evaporator assembly, evaporator shall not encroach upon head impact zone, but may occupy an area of less than 26.5 inches from the rear wall and 14 inches from the ceiling.
1.32.2.2.18 For Type D rear engine transit buses equipped with a rear evaporator over the davenport, the evaporator assembly may not interfere with rear exit window and may not extend above the rear seating row.
1.33 Hinges: All exterior metal door hinges shall be designed to allow lubrication to be channeled to the center 75% of each hinge loop without disassembly, unless they are constructed of stainless steel, brass or non metallic hinge pins or other designs that prevent corrosion.
1.34 Horn: The bus shall be equipped with a horn(s) of standard make with the horn(s) capable of producing a complex sound in bands of audio frequencies between 250 and 2,000 cycles per second and tested in accordance with SAE J377, Horn, Forward Warning, Electric, Performance, Test, and Application.
1.35 Identification
1.35.1 The body shall bear words "SCHOOL BUS" in black letters at least 8 inches high on both front and rear of the body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to "Series B" of Standard Alphabets for Highway Signs. "SCHOOL BUS" lettering shall have a reflective background. It may not be illuminated by backlighting.
1.35.2 All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white.
1.35.3 Bus identification number shall be displayed on both sides, on the rear, and on the front with 6 inch numbers/letters. 1.35.4 District, company name or owner of the bus shall be displayed (letters 3 inch minimum to 6 inches maximum;
1.35.5 Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to:
1.35.5.1 The location of the battery(ies) identified by the word "BATTERY" or "BATTERIES" on the battery compartment door in 2 inch lettering;
1.35.5.2 Symbols or letters not to exceed 64 square inches of total display near the entrance door, displaying information for identification by the students of the bus or route served;
1.35.5.3 Manufacturer, company name, dealer, school logo, or U.S. Flag (with no other wording or artwork) decal or plate not to exceed 6 inches by 12 inches may be displayed in the right side plate location on the rear of the bus.
1.35.5.4 Symbols identifying the bus as equipped for or transporting students with special needs (see Standards for Specially Equipped School Bus, section 2);
1.35.5.5 Each school bus shall be equipped with a sign on the left side of the rear bumper that says “WE STOP AT RAILROAD CROSSINGS”. The words “WE STOP AT” shall be four-inch capital letters conforming to “Series B” of Standard Alphabets for Highway Signs. The “RAILROAD CROSSING” portion of this signage shall be the universal round railroad crossing sign (minimum 6 inch diameter). The symbol and all lettering shall be black. The remainder of the signage shall be retroreflective NSBY material.
1.35.5.6 Identification of fuel type in 2 inch lettering adjacent to the fuel filler opening; and
1.36 Inside Height: Inside body height shall be 72 inches or more, measured metal to metal, at any point on longitudinal center line from the front vertical bow to the rear vertical bow. Inside body height of Type A-1 buses shall be 62 inches or more. Inside height does not apply to air conditioning equipment
1.37 Instruments and Instrument Panel
1.37.1 The chassis shall be equipped with the instruments and gauges listed below. (Telltale warning lamps in lieu of gauges are not acceptable, except as noted):
1.37.1.1 Speedometer;
1.37.1.2 Odometer that can be read without using a key and that will give accrued mileage (to seven digits), including tenths of miles, unless tenths of miles are registered on a trip odometer.
1.37.1.3 Tachometer (Note: For Types B, C, and D buses, a tachometer shall be installed so as to be visible to the driver while seated in a normal driving position.);
1.37.1.4 Voltmeter (Note: An ammeter with graduated charge and discharge indications is permitted in lieu of a voltmeter; however, when used, the ammeter wiring must be compatible with the current flow of the system);
1.37.1.5 Oil pressure gauge;
1.37.1.6 Water temperature gauge;
1.37.1.7 Fuel gauge;
1.37.1.8 High headlamp indicator;
1.37.1.9 Brake air pressure gauge and low pressure lamp (air brakes), or brake indicator lamp (hydraulic brakes);
1.37.1.10 Turn signal indicator; and
1.37.1.11 Glow plug indicator light, where appropriate
1.37.2 All instruments shall be easily accessible for maintenance and repair.
1.37.3 The instruments and gauges shall be mounted on the instrument panel so that each is clearly visible to the driver while seated in a normal driving position.
1.37.4 Instruments and controls must be illuminated as required by FMVSS No. 101, Controls and Displays.
1.37.5 Multi function gauge (MFG)
1.37.5.1 The driver must be able to manually select any displayable function of the gauge on a MFG, whenever desired.
1.37.5.2 Whenever an out of limits condition that would be displayed on one or more functions of a MFG occurs, the MFG controller should automatically display this condition on the instrument cluster. This should be in the form of an illuminated telltale warning lamp, as well as having the MFG automatically display the out of limits indications. If two or more functions displayed on the MFG go out of limits simultaneously, the MFG should sequence automatically between those functions continuously until the condition(s) are corrected.
1.37.5.3 The use of a MFG does not relieve the need for audible warning devices, where required.
1.38 Insulation
1.38.1 If thermal insulation is specified, it shall be fire resistant, UL approved, with minimum R value of 5.5. Insulation shall be installed so as to prevent sagging.
1.38.2 If floor insulation is required, it shall be five ply softwood plywood, nominal 5/8 inch thickness and shall be equal to or exceed properties of the exterior type, C-D Grade, as specified in the standard issued by U.S. Department of Commerce. When plywood is used, all exposed edges shall be sealed. Type A-1 buses may be equipped with nominal 1/ 2 inch thick plywood or equivalent material meeting the above requirements. Equivalent material may be used to replace plywood, provided it has an equal or greater insulation R value, sound abatement, deterioration resistant and moisture resistant properties.
1.39 Interior
1.39.1 The interior of bus shall be free of all unnecessary projections, which include luggage racks and attendant handrails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If the ceiling is constructed with lap joints, the forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and/or tow chains. (See “Storage Compartment”, this section)
1.39.2 Interior overhead storage compartments may be provided if they meet the following criteria:
1.39.2.1 Head protection requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, where applicable;
1.39.2.2 Have a maximum rated capacity displayed for each compartment;
1.39.2.3 Be completely enclosed and equipped with latching door (both door and latch sufficient to withstand a pushing force of 50 pounds applied at the inside center of the door);
1.39.2.4 Have all corners and edges rounded with a minimum radius of 1 inch or be padded equivalent to door header padding;
1.39.2.5 Be attached to the bus sufficiently to withstand a force equal to 20 times the maximum rated capacity of the compartment; and
1.39.2.6 Have no protrusions greater than ¼ inch.
1.39.3 The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment.
1.39.4 Every school bus shall be constructed so that the noise level at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in the NSTSP, Appendix B.
1.39.5 School buses with a capacity of 36 passengers or greater shall be equipped with a sound proof body package that includes firewall and engine cover. The headliner over the driver’s compartment to the front barriers shall be perforated to absorb sound.
1.39.6 Buses shall have mar proof sidewalls.
1.40 Lamps and Signals: may be incandescent, sealed beam, halogen or light emitting Diode (LED).
1.40.1 Interior lamps which illuminate the aisle and stepwell shall be provided. The stepwell lamp shall be illuminated by an entrance door operated switch, to illuminate only when headlamps and clearance lights are on and the entrance door is open.
1.40.1.1 Buses shall have a red USDOT light above the emergency door.
1.40.1.2 Buses shall have dome lights in the driver and passenger compartments and shall have a separate switch to operate the rear row of lights.
1.40.2 Body instrument panel lamps shall be controlled by an independent dimmer switch.
1.40.3 School bus alternately flashing signal lamps shall be provided:
1.40.3.1 The bus shall be equipped with two red lamps at the rear of vehicle and two red lamps at the front of the vehicle.
1.40.3.1.1 Visors or hoods, black in color, shall be required and shall have a minimum depth of 4 inches.
1.40.3.2 In addition to the four red lamps described above, four amber lamps shall be installed so that one amber lamp is located near each red signal lamp, at same level, but closer to the vertical centerline of bus. The system of red and amber signal lamps shall be wired so that amber lamps are energized manually. The red lamps are automatically energized and amber lamps are automatically de-energized when stop signal arms are extended or when bus entrance door is opened. An amber pilot lamp and a red pilot lamp shall be installed adjacent to the driver controls for the flashing signal lamp to indicate to the driver which lamp system is activated.
1.40.3.2.1 The lamps shall be a non-sequential operation
1.40.3.3 The area around lens of alternately flashing signal lamps extending outward from the edge of the lamps 1-3 inches to the sides and top and 1” to the bottom, shall be black in color on the body or roof area against which the signal lamp is seen.
1.40.3.4 Red lamps on the stop signal arm shall flash at any time the arm is extended.
1.40.3.5 All flashers for alternately flashing red and amber signal lamps shall be enclosed in the body in a readily accessible location.
1.40.4 Turn signal and stop tail lamps
1.40.4.1 The bus body shall be equipped with amber rear turn signal lamps that are at least 7 inches in diameter or if the shape is other than round, a minimum 38 square inches of illuminated area and shall meet FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. These signal lamps must be connected to the chassis hazard warning switch to cause simultaneous flashing of turn signal lamps when needed as vehicular traffic hazard warning. Turn signal lamps are to be placed as wide apart as practical and their horizontal centerline shall be a maximum of 12 inches below the rear window.
1.40.4.2 Buses shall be equipped with amber side mounted turn signal lamps. The turn signal lamp on the left side shall be mounted rearward of the stop signal arm and the turn signal lamp on the right side shall be mounted rearward of the entrance door. An additional side turn signal lamp shall be mounted between the rear wheel opening and the rear of the bus on both sides.
1.40.4.3 In addition to manufacturer’s standard turn signals, Type C school buses shall be equipped with front, Class A fender or hood mounted turn signals.
1.40.4.4 Buses shall be equipped with four combination red stop/tail lamps:
1.40.4.4.1 Two combination lamps with a minimum diameter of 7 inches, or if a shape other than round, a minimum 38 square inches of illuminated area shall be mounted on the rear of the bus just inside the turn signal lamps.
1.40.4.4.2 Two combination lamps with a minimum diameter of 4 inches, or if a shape other than round, a minimum 12 square inches of illuminated area, shall be placed on the rear of the body between the beltline and the floor line. The rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a steady light when illuminated.
1.40.5 All buses shall be equipped with a 16 light monitor. The monitor shall be mounted in full view of the driver. If the full circuit current passes through the monitor, each circuit shall be protected against any short circuit or intermittent shorts by a fuse, circuit breaker or electronic protection device.
1.40.6 Body markers shall be the armored type.
1.40.7 Strobe lamp: A white flashing strobe lamp shall be installed on the roof of the bus.
1.40.7.1 It shall be located from 4 to 6 feet from the rear of the roof edge (except air conditioned buses with rooftop evaporators), within 1 foot of centerline, and behind all other roof equipment. The lamp shall extend above the roof between 4 ½ to 6 3/4 inches, and the light shall be 12 to 16 joules. The lamp shall have a single clear lens emitting light 360 degrees around its vertical axis.
1.40.7.2 The light shall be wired to activate when the amber alternately flashing signal lamps are activated, continuing through the full loading or unloading cycle, with an override switch to allow activation of the strobe lamp anytime for use in inclement weather.
1.40.7.3 A separate pilot lamp on the light switch panel or a pilot lamp in the strobe light switch shall be installed to indicate when the light is in operation.
1.40.8 Backup lamps: The bus body shall be equipped with two white rear backup lamps that are at least 4 inches in diameter or, if a shape other than round, a minimum of 12 square inches of illuminated area and shall meet FMVSS No. 108. If backup lamps are placed on the same horizontal line as the brake lamps and turn signal lamps, they shall be to the inside.
1.40.9 Daytime Running Lamps: Head lamps shall be provided with a switch to automatically operate the lamps when the vehicle is placed in gear or the parking brake is released. If this switch is designed to provide reduced illumination under normal operating conditions, a means whereby the head lamps can be engaged at full power shall be provided.
1.40.10 School buses may be equipped with fog lamps.
1.41 Metal Treatment
1.41.1 All metal except high grade stainless steel or aluminum used in construction of the bus body shall be zinc coated or aluminum coated or treated to prevent corrosion. This includes but is not limited to such items as structural members, inside and outside panels, door panels and floor sills. Excluded are such items as door handles, grab handles, interior decorative parts and other interior plated parts.
1.41.2 All metal parts that will be painted, in addition to the above requirements, shall be chemically cleaned, etched, zinc phosphate coated and zinc chromate or epoxy primed to improve paint adhesion. This includes but is not limited to such items as crossing control arm and stop arm.
1.41.3 In providing for these requirements, particular attention shall be given to lapped surfaces, welded connections of structural members, cut edges on punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas and surfaces subjected to abrasion during vehicle operation.
1.41.4 As evidence that above requirements have been met, samples of materials and sections used in the construction of the bus body shall be subjected to a cyclic corrosion testing as outlined in SAE J1563.
1.42 Mirrors
1.42.1 The interior glass mirror shall be either laminated or tempered and shall have rounded corners and protected edges. Mirrors shall be 6 inches x 16 inches minimum for Types A buses and be 6 inches x 30 inches for Types C and D buses.
1.42.2 Each school bus shall be equipped with exterior mirrors meeting the requirements of FMVSS No. 111, Rearview Mirrors. The right side rear view mirror shall not be obscured by the unwiped portion of the windshield. Mirrors shall be easily adjustable, but shall be rigidly braced, so as to reduce vibration.
1.42.3 All buses shall be equipped with heated and remote controlled exterior rear view mirrors and heated cross over mirrors.
1.43 Mounting
1.43.1 The rear body cross member shall be supported by the chassis frame. Except where chassis components interfere, the bus body shall be attached to the chassis frame at each main floor sill in such a manner as to prevent shifting or separation of the body from the chassis under severe operating conditions.
1.43.2 Insulators shall be installed at all contact points between the body and the chassis frame on Types A-2, B, C, and D buses, and shall be secured by a positive means to the chassis frame or body to prevent shifting, separation, or displacement of the isolators under severe operating conditions.
1.44 Oil Filter: An oil filter with a replaceable element shall be provided and connected by flexible oil lines if it is not a built in or an engine mounted design. The oil filter shall have a capacity in accordance with the engine manufacturer’s recommendation.
1.45 Openings: All openings in the floorboard or firewall between chassis and the passenger compartment (e.g. for gearshift selector and parking brake lever) shall be sealed.
1.46 Overall Length: Overall length of bus shall not exceed 45 feet, excluding accessories.
1.47 Overall Width: Overall width of bus shall not exceed 96 inches, excluding accessories.
1.48 Passenger Load
1.48.1 The actual gross vehicle weight (GVW) is the sum of the chassis weight plus the body weight, plus the driver's weight, plus total seated student weight. For purposes of calculation, the driver's weight is 150 pounds, and the student weight is 120 pounds per student.
1.48.2 Actual GVW shall not exceed the chassis manufacturer's GVWR for the chassis, nor shall the actual weight carried on any axle exceed the chassis manufacturer's Gross Axle Weight Rating (GAWR).
1.49 Public Address System:
1.49.1 There shall be installed a public address amplifier specifically designed for vehicular applications with a minimum power output of not less than 5 watts sine wave power. Such system shall consist of an on off switch, volume control, and an inside outside speaker selector switch. Additionally, it shall have an outside speaker completely weather proofed a minimum 7 watt power capability and two interior dynamic speakers with a minimum diameter of 4 inches. These speakers shall be located above the window line, to the rear of the driver, and shall not project more than 1/2 inch from the interlining of the bus. There shall be no sharp edges or corners that could cause injury to a passenger. The outside speaker on Type A and B buses shall be located on the left front side of the bus forward of the front wheels. On Type C buses the speaker shall be located in the engine compartment forward of the radiator or on the inside of the front bumper on the left side. On Type D buses the speaker shall be located under the floor on the left side of the bus between the front bumper and the left, front wheel.
1.49.2 Buses may be equipped with an AM/FM audio system.
1.49.3 No internal speakers, other than the driver’s communication systems, may be installed within 4’ of the driver’s seat back in its rearmost upright position.
1.50 Retarder System: A retarder system, if used, shall limit the speed of a fully loaded school bus to 19.0 mph on a 7% grade for 3.6 miles.
1.51 Retroreflective Material, Reflexite or Diamond grade or equivalent (see NSTSP, Appendices A and B, Retroreflective Sheeting)
1.51.1 The front and rear bumper may be marked diagonally 45 degrees down to centerline of pavement with 2 inches + or - ¼ inch wide strips of non contrasting reflective material.
1.51.2 The rear of the bus body shall be marked with strips of retroreflective NSBY material to outline the perimeter of the back of the bus using material which conforms to the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices, Table 1. The perimeter marking of rear emergency exits per FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, and/or the use of retroreflective "SCHOOL BUS" signs partially accomplishes the objective of this requirement. To complete the perimeter marking of the back of the bus, strips of retroreflective NSBY material a minimum of one inch and a maximum of two inches in width shall be applied horizontally above the rear windows and above the rear bumper, extending from the rear emergency exit perimeter, marking outward to the left and right rear corners of the bus. Vertical strips shall be applied at the corners connecting these horizontal strips.
1.51.3 "SCHOOL BUS" signs shall be marked with retroreflective NSBY material comprising background for lettering of the front and/or rear "School BUS" signs.
1.51.4 Sides of bus body shall be marked with at least 1 ¾ inch retro reflective NSBY material, extending the length of the bus body and located (vertically) between the floor line and the beltline.
1.52 Road Speed Control: The bus shall be equipped with a vehicle speed limiter to accurately control vehicle maximum speed to 65 miles per hour.
1.53 Rub Rails
1.53.1 There shall be three rub rails on each side of the bus. One shall be located at or no more than 8 inches above the seat cushion level. The second shall be just below the window line. The third shall be located 10 inches or less above the floor line. This rub rail shall cover the same longitudinal span as the upper rub rails except at the wheelhousing. All rub rails shall extend the length of the left side and on the right side from the rear side of the entrance door to the rear of the bus.
1.53.2 Two of the three rub rails shall wrap around the bus body (except at the emergency door or any maintenance access door).
1.53.3 There shall be a snow (rub) rail at the bottom edge of the body side skirts.
1.53.4 Rub rails above the floor line shall be attached at each body post and at all other upright structural members.
1.53.5 Each rub rail shall be 4 inches or more in width in its finished form and shall be constructed of 16 gauge steel or other material of equivalent strength suitable to help protect body side panels from damage. Rub rails shall be constructed in corrugated or ribbed fashion.
1.53.6 Rub rails shall be applied outside the body or outside the body posts. (Pressed in or snap on rub rails do not satisfy this requirement.) For Type A-1 vehicles using the body provided by the chassis manufacturer, or for Types A-2, B, C and D buses containing the rear luggage or the rear engine compartment, rub rails need not extend around the rear corners.
1.54 Seats and Restraining Barriers
1.54.1 Passenger Seating
1.54.1.1 School bus design capacities shall be in accordance with 49 CFR, Part 571.3, Definitions, and FMVSS No. 222, School Bus Passenger Seating and Crash Protection.
1.54.1.2 All seats shall have a minimum cushion depth of 15 inches, a seat back height of 24 inches above the seating reference point, and must comply with all other requirements of FMVSSNo.222.
1.54.1.3 All restraining barriers and passenger seats shall be constructed with materials that enable them to meet the criteria of the School Bus Seats Upholstery Fire Block Test.
1.54.1.4 School buses equipped with front barriers shall have modesty panels to the floor between the barrier leg and the side of the bus.
1.54.1.5 Each seat leg shall be secured to the floor by a minimum of two (2) bolts, washers, and nuts. Flange head nuts may be used in lieu of nuts and washers. All seat frames attached to the seat rail shall be fastened two or more bolts, washers and nuts, or with flange-head nuts. Seats may be track mounted in conformance with FMVSS No. 222.
1.54.1.6 If track seating is installed, the manufacturer shall supply minimum and maximum seat spacing dimensions (applicable to the bus) which comply with FMVSS No. 222. This information shall be on a label permanently affixed to the bus.
1.54.1.7 All school buses (including Type A) shall be equipped with restraining barriers which conform to FMVSS No. 222.
1.54.1.8 There shall be a minimum of 8" clearance between the last seat and the rear interior of the bus.
1.54.1 9 Flip seats shall not be used.
1.54.1.10 Lap shoulder belts shall not be installed on passenger seats in large school buses (over 10,000 pounds GVWR) except in conjunction with child safety restraint systems that comply with the requirements of FMVSS No. 213, Child Restraint Systems.
1.54.1 11 An electrical child reminder system shall be installed to assist the driver in checking for students left on board the bus.
1.54.2 Preschool Age Seating: Passenger seats designed to accommodate a child or infant carrier seat shall comply with FMVSS No. 225, Child Restraint Anchorage Systems. These seats shall be in compliance with NHTSA’s “Guideline for the Safe Transportation of Preschool Age Children in School Buses.” (Note: See 1.54.1.10 above.) There shall be at least 27 inches, measured at seat cushion level between the back of the seat back or barrier and the front of the seat back of the next seat to the rear.
1.54.3 Driver Seat
1.54.3.1 The driver's seat supplied by the body manufacturer shall be a high back seat, have right side armrests and have a cloth seating surface. It may have air suspension. The seat back shall be adjustable to 15 degrees minimum, without requiring the use of tools. The seat shall be equipped with a head restraint to accommodate a 5th percentile adult female to a 95th percentile adult male, as defined in FMVSS No. 208, Occupant Crash Protection.
1.54.3.2 Type A buses may utilize the standard driver’s seat provided by the chassis manufacturer.
1.54.4 Driver Restraint System
1.54.4.1 An integrated Type 2 lap shoulder belt may be provided for the driver. If not available, the shoulder belt shall have a height adjuster.
1.54.4.2 The assembly shall be equipped with an emergency locking retractor for the continuous belt system. On all buses except Type A that are equipped with a standard chassis manufacturer's driver's seat, the lap portion of the belt system shall be guided or anchored to prevent the driver from sliding sideways under the belt system. The lap/shoulder belt shall be designed to allow for easy adjustment in order to fit properly and to effectively protect drivers varying in size from a 5th percentile adult female to 95th percentile adult male.
1.54.4.3 Driver seat belt color shall be safety green or orange.
1.54.5 Each bus shall be equipped with a durable webbing cutter having a full width handgrip and a protected, replaceable or non-corrodible blade. The required webbing cutter shall be mounted in a location accessible to the seated driver in an easily detachable manner.
1.55 Shock Absorbers: The bus shall be equipped with double action shock absorbers compatible with the manufacturer's rated axle capacity at each wheel location.
1.56 Side Skirts: Side body panels and skirt shall be a maximum of 46 to 47 inches measured from the bottom of the window line to the bottom of the snow rail, unless the standard side skirt is at the center of the axles. This does not apply to buses with side body storage compartments.
1.57 Steering Gear
1.57.1 The steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when the vehicle is operated with maximum load and at maximum speed.
1.57.2 If external adjustments are required, the steering mechanism shall be accessible to make adjustments.
1.57.3 Changes shall not be made to the steering apparatus which are not approved by the chassis manufacturer.
1.57.4 There shall be a clearance of at least 2 inches between the steering wheel and cowl, instrument panel, windshield or any other surface.
1.57.5 Power steering is required and shall be of the integral type with integral valves.
1.57 6 The steering system shall be designed to provide a means for lubrication of all wear points that are not permanently lubricated.
1.57.7 On Type C and D buses, the steering column wheel shall have tilt capability and may have telescopic capability.
1.58 Steps
1.58.1 All school buses with a capacity of 36 passengers and above shall have a three step stepwell.
1.58.2 The first step the entrance door shall be not less than 10 inches and not more than 14 inches from the ground when measured from the top surface of the step to the ground, based on standard chassis specifications, except that on Type D vehicles, the first step at the service door shall be 12 inches to 16 inches from the ground.
1.58.3 Step risers shall not exceed a height of 10 inches. Exception: When plywood is used on a steel floor or step, the riser height may be increased by the thickness of the plywood.
1.58.4 Steps shall be enclosed to prevent accumulation of ice and snow.
1.58.5 Steps shall not protrude beyond the side body line.
1.59 Step Treads
1.59.1 All steps, including floor line platform area, shall be covered with an elastomer floor covering having a minimum overall thickness of .187 inch.
1.59.2 The step covering shall be permanently bonded to a durable backing material that is resistant to corrosion.
1.59.3 Steps, including the floor line platform area, shall have a 1 ½ inch white nosing.
1.59.4 Step treads shall have the following characteristics:
1.59.4.1 Abrasion resistance: Step tread material weight loss shall not exceed 0.40 percent, as tested under ASTM D-4060, Standard Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser, (CS-17 Wheel, 1000 gram, 1000 cycle);
1.59.4.2 Weathering resistance: Step treads shall not break, crack, or check after ozone exposure (7 days at 50 phm at 40 degrees C) and Weatherometer exposure (ASTM D-750, Standard Test Method for Rubber Deterioration in Carbon Arc Weathering Apparatus, 7 days); and
1.59.4.3 Flame Resistance: Step treads shall have a calculated burn rate of .01 or less using the test methods, procedures and formulas listed in FMVSS No. 302, Flammability of Interior Materials.
1.60 Stirrup Steps: If the windshield and lamps are not easily accessible from the ground, there shall be at least one folding stirrup step or recessed foothold installed on each side of the front of the body for easy accessibility for cleaning. There also may be a grab handle installed in conjunction with the step. Steps are permitted in or on the front bumper in lieu of the stirrup steps if the windshield and lamps are easily accessible for cleaning from that position.
1.61 Stop Signal Arm: The stop signal arm shall comply with the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices. They shall have LED lights with a strobe function.
1.62 Storage Compartment: A storage container for tools, tire chains, and/or other equipment may be located either inside or outside the passenger compartment. If it is inside, it shall be fastened to the floor and have a cover with a positive fastening device.
1.63 Sun Shield
1.63.1 On Types B, C, and D buses, an interior adjustable transparent sun shield with a finished edge and dimensions not less than 6 inches X 30 inches, shall be installed in a position convenient for use by driver.
1.63.2 On all Type A buses, the sun shield (visor) shall be installed by the chassis manufacturer.
1.64 Suspension Systems
1.64.1 The capacity of springs or suspension assemblies shall be commensurate with the chassis manufacturer's GVWR.
1.64.2 Rear leaf springs shall be of a progressive rate or multi stage design. Front leaf springs shall have a stationary eye at one end and shall be protected by a wrapped leaf, in addition to the main leaf.
1.65 Throttle: The force required to operate the throttle shall not exceed 16 pounds throughout the full range of accelerator pedal travel.
1.66 Tires and Rims
1.66.1 Rims and tires of the proper size and load rating commensurate with chassis manufacturer's GVWR shall be provided. All wheel rims shall be the same size to allow for interchangeability. The use of multi piece rims shall not be permitted.
1.66.2 Dual rear tires shall be provided on Type A-2, Type B, Type C, and Type D school buses.
1.66.3 All tires on a vehicle shall be tubeless radials and be of the same size, and the load range of the tires shall meet or exceed the GVWR, as required by FMVSS No. 120, Tire Selection and Rims for Vehicles other than Passenger Car.
1.66.4 If the vehicle is equipped with a spare tire and rim assembly, it shall be the same size as those mounted on the vehicle.
1.66.5 If a tire carrier is required, it shall be suitably mounted in an accessible location outside of the passenger compartment.
1.67 Towing Attachment Points: Front and rear towing devices (i.e., tow hooks, tow eyes, or other towing attachment points) shall be furnished to assist in the retrieval of buses that are stuck and/or for towing buses when a wrecker with a “wheel lift” or an “axle lift” is not available or cannot be applied to the towed vehicle.
1.67.1 Towing devices shall be attached to the chassis frame either by the chassis manufacturer or in accordance with the chassis manufacturer’s specifications.
1.67.2 Each towing device shall have a strength rating of 13,500 pounds each, for a combined rating of 27,000 pounds with the force applied in the rearward direction, parallel to the ground, and parallel to the longitudinal axis of the chassis frame rail. For pulling, angularity applied to the tow hooks will decrease the capacities of the tow hooks.
1.67.3 The towing devices shall be mounted such that they do not project forward of the front bumper or rearward of the rear bumper.
1.67.4 Type A buses are exempt from the requirement for front tow hooks or eyes due to built-in crush zones.
1.68 Traction Assisting Devices
1.68.1 Where required or used, sanders shall:
1.68.1.1 Be of hopper cartridge valve type;
1.68.1.2 Have a metal hopper with all interior surfaces treated to prevent condensation of moisture;
1.68.1.3 Have at least 100 pound (grit) capacity;
1.68.1.4 Have a cover that screws in place on the filler opening of the hopper, thereby sealing the unit airtight;
1.68.1.5 Have discharge tubes extending under the fender wheelhousing to the front of each rear wheel;
1.68.1.6 Have non clogging discharge tubes with slush proof, non freezing rubber nozzles;
1.68.1.7 Be operated by an electric switch with a pilot lamp mounted on the instrument panel located so as to be exclusively controlled by the driver;
1.68.1.8 Be equipped with a gauge to indicate that the hopper has reached the one quarter level (and needs to be refilled); and
1.68.1.9 Be designed to prevent freezing of all activation components and moving parts.
1.68.2 Automatic traction chains may be installed.
1.69 Transmission
1.69.1 Automatic transmissions shall have no fewer than three forward speeds and one reverse speed. Mechanical shift selectors shall provide a detent between each gear position when the gear selector quadrant and shift selector are not steering column mounted.
1.69.2 Automatic transmissions incorporating a parking pawl shall have a transmission shift interlock controlled by the application of the service brake to prohibit accidental engagement of the transmission. All non park pawl transmissions shall incorporate a park brake interlock that requires the service brake to be applied to allow release of the parking brake.
1.70 Trash Container and Holding Device: A trash container may be provided and secured by a holding device that is designed to prevent movement and to allow easy removal and replacement. It shall be installed in an accessible location in the driver’s compartment, not obstructing passenger access to the entrance door.
1.71 Turning Radius
1.71.1 A chassis with a wheelbase of 264 inches or less shall have a right and left turning radius of not more than 42 1/2 feet, curb to curb measurement.
1.71.2 A chassis with a wheelbase of 265 inches or more shall have a right and left turning radius of not more than 44 1/2 feet, curb to curb measurement.
1.72 Undercoating
1.72.1 The entire underside of bus body, including floor sections, cross member and below floor line side panels, shall be coated with rust proofing material for which the material manufacturer has issued to the bus body manufacturer a notarized certification that materials meet or exceed all performance of SAE J 1959.
1.72.2 The undercoating material shall be applied with suitable airless or conventional spray equipment to the undercoating material manufacturer recommended film thickness and shall show no evidence of voids in cured film.
1.72.3 The undercoating material shall not cover any exhaust components of the chassis.
1.73 Ventilation
1.73.1 The bus body shall be equipped with a suitably controlled ventilating system of sufficient capacity to maintain proper quantity of air flow under operating conditions without having to open a window except in extremely warm weather.
1.73.2 Static type, non closeable exhaust ventilation shall be installed in a low pressure area of the roof.
1.73.3 Roof hatches designed to provide ventilation in all types of exterior conditions may be provided.
1.74 Wheelhousing
1.74.1 The wheelhousing opening shall allow for easy tire removal and service.
1.74.2 Wheelhousings shall be attached to the floor sheets in a manner to prevent any dust, water or fumes from entering the body. Wheelhousings shall be constructed of 16 gauge steel (or thicker) steel.
1.74.3 The inside height of the wheelhousings above the floor line shall not exceed 12 inches.
1.74.4 The wheelhousings shall provide clearance for installation and use of tire chains on single and dual (if so equipped) power driving wheels.
1.74.5 No part of a raised wheelhousing shall extend into the emergency door opening.
1.75 Windows
1.75.1 Other than emergency exits designated to comply with FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, each side window shall provide an unobstructed opening of at least 9 inches high (but not more than 13 inches high) and at least 22 inches wide, obtained by lowering the window. One side window on each side of the bus may be less than 22 inches wide.
1.75.2 All glass may be equipped with maximum integral tinting allowed by federal or ANSI standards for the respective locations. However, the tinting in the rear windows and door shall not exceed the tinting allowed for the windshield.
1.76 Windshield Washers: A windshield washer system shall be provided.
1.77 Windshield Wipers
1.77.1 A variable speed windshield wiping system with an intermittent feature, shall be provided and shall be operated by a single switch.
1.77.1 The wipers shall meet the requirements of FMVSS No. 104, Windshield Wiping and Washing Systems.
2.0 Standards for Specially Equipped School Buses
2.1 General Requirements
2.1.1 Specially equipped school buses shall comply with these standards and with FMVSSs applicable to their GVWR category.
2.1.2 Any school bus to be used for the transportation of children who utilize a wheelchair or other mobile positioning device, or who require life support equipment that prohibits use of the regular service entrance, shall be equipped with a power lift, unless a ramp is needed for unusual circumstances related to passenger needs.
2.1.3 Lift buses (48-60 passengers only) shall have flat floors.
2.1.4 Padded barriers shall be installed to protect wheelchair positions where seating does not interface as barrier.
2.1.5 Seats shall have the minimum spacing specified under FMVSS No. 222 School Bus Passenger Seating and Crash Protection per NHTSA February 1999 Guideline for the Safe Transportation of PreSchool Age Children in School Buses. There shall be at least 27 inches, measured at seat cushion level between the back of the seat back or barrier and the front of the seat back of the next seat to the rear.
2.1.6 All seats shall have lap shoulder seat belts installed with LATCH (Lower Anchors and Tethers for CHildren). The 45 inch seats shall have 3 lap shoulder seat belts and 2 sets of LATCH; 39 inch seats shall have 2 lap shoulder seat belts and 2 sets of LATCH; and 30 and 36 inch seats shall have 2 lap shoulder seat belts and 1 set of LATCH.
2.1.7 Buses shall not be equipped with vehicle ramps.
2.2 Aisles: All school buses equipped with a power lift shall provide a minimum 30 inch aisle leading from any wheelchair position to at least one 30 inches wide emergency exit door. A wheelchair securement position shall never be located directly in front of (blocking) a power lift door location.
2.3 Glazing: Tinted glazing may be installed in all doors, windows and windshields (see “Windows”, section 1 and “Special Service Entrance Door”, this section).
2.4 Handrails: Two handrails (at the front and rear of the stepwell) shall be provided to assist passengers during entry or exit, and shall be designed to prevent entanglement, as evidenced by the passage of the National Highway Traffic Safety Administration (NHTSA) string and nut test.
2.5 Identification: Specially equipped school buses shall display the International Symbol of Accessibility below the window line. Such emblems shall be white on blue or black background, shall not exceed 12 inches square in size and shall be of a high intensity retroreflective material meeting the requirements of Federal Highway Administration (FHWA) FP-85, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.
2.6 Passenger Capacity Rating: In determining the passenger capacity of a school bus for purposes other than actual passenger load (e.g., vehicle classification or various billing/reimbursement models), any location in a school bus intended for securement of a wheelchair during vehicle operations shall be regarded as four designated seating positions, and each lift area shall count as four designated seating positions.
2.7 Power Lifts
2.7.1 The power lift shall be located on the right side of the bus body.
2.7.1.1 All specially equipped school buses shall have a lift complying with paragraphs 2.7.2 with sufficient clearances to permit a wheelchair user to reach a securement location.
2.7.2 Vehicle lift and installation
2.7.2.1 General: Vehicle lifts and installations shall comply with the requirements set forth in FMVSS No. 403, Platform Lift Systems for Motor Vehicles, and FMVSS No. 404, Platform Lift Installations in Motor Vehicles. For lifts located at the rear of the bus, the power unit for the lift shall be located forward of the lift with controls secured to the interior of the lift door. For lifts located at the forward of the bus, the power unit for the lift shall be located rearward of the lift with controls secured to the interior of the lift door.
2.7.2.2 Design loads. The design load of the lift shall be at least 800 pounds. Working parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon which the lift depends for support of the load, shall have a safety factor of at least six, based on the ultimate strength of the material. Non working parts, such as platform, frame, and attachment hardware that would not be expected to wear, shall have a safety factor of at least three, based on the ultimate strength of the material.
2.7.2.3 Lift capacity: The lifting mechanism and platform shall be capable of operating effectively with a wheelchair and occupant mass of at least 800 pounds.
2.7.2.4 Controls: (See 49 CFR 571.403, S6.7, Control systems.)
2.7.2.5 Emergency operations: (See 49 CFR 571.403, S6.9, Backup operation.)
2.7.2.6 Power or equipment failures: (See 49 CFR 571.403, S6.2.2, Maximum platform velocity.)
2.7.2.7 Platform barriers: (See 49 CFR 571.403, S6.4.7, Wheelchair retention.)
2.7.2.8 Platform surface: (See 49 CFR 571.403, S6.4.2, S6.4.3, Platform requirements.) (See also “Wheelchair or Mobility Aid Envelope” figure in the NSTSP, Specially Equipped School Bus Specifications.) The platform shall have a minimum clear width of 32 inches measured from two inches above the platform surface to 30 inches above the surface of the platform, and a minimum clear length of 48 inches measured from two inches above the surface of the platform to 30 inches above the surface of the platform.
2.7.2.9 Platform gaps and entrance ramps: (See 49 CFR 571.403, S6.4.4, Gaps, transitions and openings.)
2.7.2.10 Platform deflection: (See 49 CFR 571.403, S6.4.5, Platform deflection.)
2.7.2.11 Platform movement: (See 49 CFR 571.403, S6.2.3, Maximum platform acceleration.)
2.7.2.12 Boarding direction: The lift shall permit both inboard and outboard facing of wheelchair and mobility aid users.
2.7.2.13 Handrails: (See 49 CFR 571.403, S6.4.9, Handrails)
2.7.2.14 Circuit breaker: A resettable circuit breaker shall be installed between the power source and lift motor if electrical power is used. It shall be located as close to the power source as possible, but not within the passenger/driver compartment.
2.7.2.15 Excessive pressure: (See 49 CFR 571.403, S6.8, Jacking prevention.)
2.7.2.16 Documentation: The following information shall be provided with each vehicle equipped with a lift:
2.7.2.16.1 A phone number where information can be obtained about installation, repair, and parts. (Detailed written instructions and a parts list shall be available upon request.)
2.7.2.16.2 Detailed instructions regarding use of the lift and readily visible when the lift door is open, including a diagram showing the proper placement and positioning of wheelchair mobility aids on the lift.
2.7.2.17 Training materials: The lift manufacturer shall make training materials available to ensure the proper use and maintenance of the lift. These may include instructional videos, classroom curriculum, system test results or other related materials.
2.7.2.18 Identification and certification: Each lift shall be permanently and legibly marked or shall incorporate a non removable label or tag that states it conforms to all applicable requirements of the NSTSP. In addition and upon request of the original titled purchaser, the lift manufacturer or an authorized representative shall provide a notarized Certificate of Conformance, either original or photocopied, which states that the lift system meets all the applicable requirements of the current NSTSP.
2.8 Regular Service Entrance: On power lift equipped vehicles, steps shall be the full width of the step well, excluding the thickness of doors in the open position.
2.9 Restraining Devices
2.9.1 On power lift equipped vehicles with a GVWR of 10,000 pounds or more, seat frames may be equipped with attachment points to which belt assemblies can be attached for use with Child Safety Restraint Systems (CSRSs) that comply with FMVSS No. 213, Child Restraint Systems. Any belt assembly anchorage shall comply with FMVSS No. 210, Seat Belt Assembly Anchorages.
2.9.2 Alternatively, a child restraint anchorage system that complies with FMVSS No. 225, Child Restraint Anchorage Systems, may be installed.
2.9.3 Seat belt assemblies, if installed, shall conform to FMVSS No. 209, Seat Belt Assemblies.
2.9.4 Child safety restraint systems, which are used to facilitate the transportation of children who in other modes of transportation would be required to use a child, infant, or booster seat, shall conform to FMVSS No. 213.
2.10 Seating Arrangements: Flexibility in seat spacing to accommodate special devices shall be permitted to meet passenger requirements. All seating (forward facing) shall meet the requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection.
2.11 Securement and Restraint System for Wheelchair or Mobility Aid and Occupants: For purposes of understanding the various aspects and components of this section, the term securement and tie down and the phrases securement system or tie down system are used exclusively in reference to the devices that anchor the wheelchair to the vehicle. The term restraint and the phrase restraint system are used exclusively in reference to the equipment that is intended to limit the movement of the wheelchair occupant in a crash or sudden maneuver. The term wheelchair tiedown and occupant restraint system (WTORS) is used to refer to the total system that secures the wheelchair and restrains the wheelchair occupant.
2.11.1 WTORS general requirements
2.11.1.1 A wheelchair tie down and occupant restraint system installed in a specially equipped school bus shall be designed, installed and operated for use with forward facing wheel chair seated passengers and shall comply with all applicable requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, and SAE J2249, Wheelchair Tie down and Occupant Restraint Systems for Use in Motor Vehicles.
2.11.1.2 WTORS, including the anchorage track, floor plates, pockets or other anchorages, shall be provided by the same manufacturer, or shall be certified to be compatible by manufacturers of all equipment systems used.
2.11.1.3 Wheelchair securement positions shall be located such that wheelchairs and their occupants do not block access to the lift door.
2.11.1.4 A device for storage of the WTORS shall be provided. When the system is not in use, the storage device shall allow for clean storage of the system, shall keep the system securely contained within the passenger compartment, shall provide reasonable protection from vandalism and shall enable the system to be readily accessed for use.
2.11.1.5 The WTORS, including the storage device, shall meet the flammability standards established in FMVSS No. 302, Flammability of Interior Materials.
2.11.1.6 The following information shall be provided with each vehicle equipped with a securement and restraint system:
2.11.1.6.1 A phone number where information can be obtained about installation, repair and parts. (Detailed written instructions and a parts list shall be available upon request.)
2.11.1.6.2 Detailed instructions regarding use, including a diagram showing the proper placement of the wheelchair mobility aids and positioning of securement devices and occupant restraints, including correct belt angles.
2.11.1.7 The WTORS manufacturer shall make training materials available to ensure the proper use and maintenance of the WTORS. These may include instructional videos, classroom curriculum, system test results or other related materials.
2.11.2 Wheelchair Securement Tiedown: (See 49 CFR 571.403, S5.4.1, S5.4.2.)
2.11.2.1 Each wheelchair position in a specially equipped school bus shall have a minimum clear floor area of 30 inches laterally by 52 inches longitudinally. Additional floor area may be required for some wheelchairs. Consultation between the user and the manufacturer is recommended to ensure that adequate area is provided.
2.11.3 Occupant Restraint System (See 49 CFR 571.403, S5.4.3, S5.4.4.)
2.12 Special Light: Doorways in which lifts are installed shall be equipped with a special light that provides a minimum of 2 foot candles of illumination measured on the floor of the bus immediately adjacent to the lift and on the lift during lift operation.
2.13 Special Service Entrance
2.13.1 Power lift equipped bodies shall have a special service entrance to accommodate the power lift.
Exception: A special service entrance shall not be required if the lift is designed to operate within the regular service entrance, is capable of stowing such that the regular service entrance is not blocked in any way and a person entering or exiting the bus is not impeded in any way.
2.13.2 The special service entrance and door shall be located on the right side of the bus and shall be designed so as not to obstruct the regular service entrance.
2.13.3 The opening may extend below the floor through the bottom of the body skirt. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings.
2.13.4 A drip molding shall be installed above the special service entrance to effectively divert water from the entrance.
2.13.5 Door posts and headers at the special service entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for special service entrance.
2.14 Special Service Entrance Door
2.14.1 A single door shall be used for the special service entrance. They shall have rub rails.
2.14.2 There shall be a 57" door height opening.
2.14.3 The door shall be hinged to the forward side of the entrance unless this would obstruct the regular service entrance. If the door is hinged to the rearward side of the doorway, the door shall utilize a safety mechanism which will prevent the door from swinging open should the primary door latch fail.
2.14.4 The door shall have positive fastening devices to hold the doors in the “open” position when the special service entrance is in use.
2.14.5 The door shall be weather sealed.
2.14.6 Door materials, panels and structural components shall have strength equivalent to the conventional service and emergency doors. Color, rub rail extensions, lettering and other exterior features shall match adjacent sections of the body.
2.14.7 The door shall have windows set in a waterproof manner that are visually similar in size and location to adjacent non door windows. Glazing shall be of same type and tinting as standard fixed glass in the side windows.
2.14.8 The door shall be equipped with a device that will actuate an audible or visible signal located in the driver's compartment when the door is not securely closed and the ignition is in "on" position.
2.14.9 A switch shall be installed so that the lift mechanism will not operate when the lift platform door is closed.
2.14.10 The special service entrance door shall be equipped with padding at the top edge of the door opening. The padding shall be at least 3 inches wide and 1 inch thick and shall extend the full width of the door opening.
15 DE Reg. 650 (11/01/11)
### **1105** Standards for School Buses Placed in Production on or after January 1, 2017
##### **14 Del. Admin. Code § 1105-1.0** Purpose {#sec-1105-1.0 omnilex-key=us-de-regs-official--title-14--1105-1.0}
The purpose of this regulation is to provide the standards for school buses placed in production on or after January 1, 2017. It specifies current equipment, production and safety features based on revisions to the National School Transportation Specifications and Procedures (NSTSP) in 2015.
Also, Multifunction School Activity Buses (MFSAB) shall meet all of the school bus chassis and body standards specified in this regulation.
**History**
- *20 DE Reg. 365 (11/01/16)*
##### **14 Del. Admin. Code § 1105-2.0** Definitions {#sec-1105-2.0 omnilex-key=us-de-regs-official--title-14--1105-2.0}
“Multifunction School Activity Bus” means a school bus whose purposes do not include transporting students to and from home or school bus stops. This type of vehicle shall not make any stops to load or unload students on roadways. A MFSAB shall have all required federal and state equipment, color and identification standards specified for school buses.
**History**
- *20 DE Reg. 365 (11/01/16)*
##### **14 Del. Admin. Code § 1105-3.0** Bus Body and Chassis Standards {#sec-1105-3.0 omnilex-key=us-de-regs-official--title-14--1105-3.0}
3.1 Air Cleaner
3.1.1 A dry element air cleaner shall be provided.
3.1.2 All diesel engine air filters shall include a latch type restriction indicator that retains the maximum restriction developed during operation of the engine. The indicator shall include a reset control so the indicator can be returned to zero when desired.
3.2 Aisle
3.2.1 All emergency exit doors shall be accessible by a 12 inch minimum aisle. The aisle shall be unobstructed at all times by any type of barrier, seat, wheelchair or tiedown. The track of a track seating system is exempt from this requirement.
3.2.2 The seat backs shall be slanted sufficiently to give aisle clearance of 12 inches at tops of seat backs.
3.3 Auxiliary fans (2):
3.3.1 Fans shall be placed in a location where they can be adjusted for maximum effectiveness and where they do not obstruct the driver’s vision to the mirrors or interfere with the safe operation of the vehicle.
3.3.2 Fans shall have 6 inch (nominal) diameter; and
3.3.3 Fan blades shall be enclosed in a protective cage. Each fan shall be controlled by a separate switch.
3.4 Axles
3.4.1 The front and rear axle and suspension systems shall have a Gross Axle Weight Rating (GAWR) at ground commensurate with the respective front and rear weight loads of the bus loaded to the rated passenger capacity.
3.4.2 All buses with a capacity of 54 passengers or greater shall have a 10,000 pound front axle minimum.
3.5 Back Up Warning Alarm
3.5.1 An automatic audible alarm shall be installed behind the rear axle and shall comply with the published Backup Alarm Standards (Society of Automotive Engineers (SAE) J994b), providing a minimum of 112 dBA, or shall have a variable volume feature that allows the alarm to vary from 87 dBA to 112 dBA sound level, staying at least 5 dBA above the ambient noise level.
3.6 Brakes, General
3.6.1 The chassis brake system shall conform to the provisions of Federal Motor Vehicle Safety Standard (FMVSS) Nos. 105, Hydraulic and Electric Brake Systems,106, Brake Hoses, and 121, Air Brake Systems, as applicable. All buses shall have either a parking pawl in the transmission or a park brake interlock that requires the service brake to be applied to allow release of the parking brake.
3.6.2 The antilock brake system (ABS), provided in accordance with FMVSS No. 105, Hydraulic and Electric Brake Systems, or No. 121, Air Brake Systems, shall provide wheel speed sensors for each front wheel and for each wheel on at least one rear axle. The system shall provide antilock braking performance for each wheel equipped with sensors (Four Channel System).
3.6.3 All brake systems shall be designed to permit visual inspection of brake lining wear without removal of any chassis component(s).
3.6.4 The brake lines, booster assist lines, and control cables shall be protected from excessive heat, vibration and corrosion and installed in a manner that prevents chafing.
3.6.5 The parking brake system for either air or hydraulic service brake systems may be of a power assisted design. The power parking brake actuator should be a device located on the instrument panel within reach of a seated 5th percentile female driver. As an option, the parking brake may be set by placing the automatic transmission shift control mechanism in the “park” position.
3.6.6 The power operated parking brake system may be interlocked to the engine key switch. Once the parking brake has been set and the ignition switch turned to the “off” position, the parking brake cannot be released until the key switch is turned back to the “on” position.
3.7 Brakes, Hydraulic
3.7.1 Buses using hydraulic assist brakes shall meet requirements of FMVSS No. 105, Hydraulic and Electric Brake Systems.
3.8 Brakes, Air
3.8.1 The air pressure supply system shall include a desiccant type air dryer installed according to the manufacturer’s recommendations. The air pressure storage tank system may incorporate an automatic drain valve.
3.8.2 The chassis manufacturer shall provide an accessory outlet for air operated systems installed by the body manufacturer. This outlet shall include a pressure protection valve to prevent loss of air pressure in the service brake reservoir.
3.8.3 For air brake systems, an air pressure gauge shall be provided in the instrument panel capable of complying with Commercial Driver’s License (CDL) pre trip inspection requirements.
3.8.4 Air brake systems shall include a system for anti compounding of the service brakes and parking brakes.
3.8.5 Air brakes shall have both a visible and audible warning device whenever the air pressure falls below the level where warnings are required under FMVSS No. 121, Air Brake Systems.
3.9 Bumper, Front
3.9.1 School buses shall be equipped with a heavy duty front bumper.
3.9.2 The front bumper on buses of Type A-2 (with a Gross Volume Weight Rating (GVWR) greater than 14,500 pounds), Type B, Type C, and Type D shall be equivalent in strength and durability to pressed steel channel at least 3/16 inches thick and not less than 8 inches wide (high). It shall extend beyond the forward most part of the body, grille, hood, and fenders and shall extend to outer edges of the fenders at the bumper's top line.
3.9.3 Type A buses having a GVWR of 14,500 pounds or less may be equipped with an OEM supplied front bumper. The front bumper shall be of sufficient strength to permit being pushed by another vehicle on a smooth surface with a 5 degree, (8.7 percent) grade, without permanent distortion. The contact point on the front bumper is intended to be between the frame rails, with as wide a contact area as possible. If the front bumper is used for lifting, the contact points shall be under the bumper attachments to the frame rail brackets unless the manufacturer specifies different lifting points in the owner's manual. Contact and lifting pressures should be applied simultaneously at both lifting points.
3.9.4 The front bumper, except breakaway bumper ends, shall be of sufficient strength to permit pushing a vehicle of equal gross vehicle weight, per subsections 3.9.2 and 3.9.3, without permanent distortion to the bumper, chassis or body.
3.9.5 The bumper shall be designed or reinforced so that it will not deform when the bus is lifted by a chain that is passed under the bumper (or through the bumper if holes are provided for this purpose) and attached to both tow hooks/eyes. For the purpose of meeting this standard, the bus shall be empty and positioned on a level, hard surface and both tow hooks/eyes shall share the load equally.
3.10 Bumper, Rear
3.10.1 The bumper on Type A-1 buses shall be a minimum of 8 inches wide (high). Bumpers on Types A-2, B, C and D buses shall be a minimum of 9 ½ inches wide (high). The bumper shall be of sufficient strength to permit being pushed by another vehicle of similar size and being lifted by the bumper without permanent distortion.
3.10.2 The bumper shall wrap around the back corners of the bus. It shall extend forward at least 12 inches, measured from the rear most point of the body at the floor line, and shall be mounted flush with the sides of the body or protected with an end panel.
3.10.3 The bumper shall be attached to the chassis frame in such a manner that it may be removed. It shall be braced to resist deformation of the bumper resulting from impact from the rear or the side. It shall be designed to discourage hitching of rides by an individual.
3.10.4 The bumper shall extend at least 1 inch beyond the rear most part of the body surface measured at the floor line.
3.10.5 The bottom of the rear bumper shall not be more than 30 inches above ground level.
3.11 Certification
3.11.1 Upon request of the Delaware Department of Education, the chassis and body manufacturer shall certify that its product meets the State’s minimum standards on items not covered by the FMVSS certification requirements of 49 CFR 567.
3.12 Color
3.12.1 The chassis, including wheels and front bumper, shall be black. The school bus body, body cowl, hood and fenders shall be in National School Bus Yellow (NSBY). The flat top surface of the hood may be painted with non reflective NSBY. (See Appendix B, current NSTSP).
3.12.2 Wheels shall be black or aluminum.
3.12.3 Wheel covers shall not be permitted and hubs and lug nuts shall be exposed.
3.12.4 Buses shall be equipped with mud flaps. They shall be black except they may have manufacturer’s logo or name in white or yellow.
3.12.5 The body exterior paint trim, bumper, lamp hoods, rub rails, outside mirror supports, emergency door arrow, and lettering shall be black. (See current NSTSP, Appendix B)
3.12.6 Except for the front and rear roof caps, which shall be NSBY the roof of the bus may be painted white. The white roof shall terminate no lower than 6 inches above the dip rail.
3.13 Communications Systems
3.13.1 Buses shall be equipped with a radio (non CB) or telephonic communication device. It will be added by the school district, school, or contractor.
3.14 Construction
3.14.1 Side Intrusion Test:
3.14.1.1 The bus body shall be constructed to withstand an intrusion force equal to the curb weight of the vehicle or 20,000 pounds, whichever is less. Each vehicle shall be capable of meeting this requirement when tested in accordance with the procedures set forth below.
3.14.1.2 The complete body structure, or a representative seven body section mock up with seats installed, shall be load tested at a location 24 + or - 2 inches above the floor line, with a maximum 10 inch diameter cylinder, 48 inches long, mounted in a horizontal plane.
3.14.1.3 The cylinder shall be placed as close as practical to the midpoint of the tested structure, spanning two internal vertical structural members. The cylinder shall be statically loaded to the required force of curb weight or 20,000 pounds, whichever is less, in a horizontal plane with a load applied from the exterior toward the interior of the test structure. When the minimum load has been applied, the penetration of the loading cylinder into the passenger compartment shall not exceed ten inches from its original point of contact. There can be no separation of lapped panels or construction joints. Punctures, tears or breaks in the external panels are acceptable but are not permitted on any adjacent interior panel.
3.14.1.4 Body companies shall certify compliance with this intrusion requirement and include test results, as requested.
3.14.2 Construction shall be reasonably dust proof and watertight.
3.15 Crossing Control Arm
3.15.1 Buses shall be equipped with a crossing control arm mounted on the right side of the front bumper. When opened, the arm shall extend in a line parallel to the body side and aligned with the right front wheel.
3.15.2 All components of the crossing control arm and all connections shall be weatherproofed.
3.15.3 The crossing control arm shall incorporate system connectors (electrical, vacuum, or air) at the gate and shall be easily removable to allow for towing of the bus.
3.15.4 The crossing control arm shall be constructed of non corrodible or nonferrous material, or shall be treated in accordance with the body sheet metal standard (see “Metal Treatment”, this section).
3.15.5 There shall be no sharp edges or projections that could cause injury or be a hazard to students. The end of the arm shall be rounded.
3.15.6 The crossing control arm shall extend minimum of 70 inches (measured from the bumper at the arm assembly attachment point) when in the extended position. The crossing control arm shall not extend past the end of the bumper when in the stowed position.
3.15.7 The crossing control arm shall extend simultaneously with the stop signal arm activated by stop signal arm controls.
3.15.8 An automatic recycling interrupt switch shall not be installed for temporarily disabling the crossing control arm.
3.15.9 The assembly shall include a device attached to the bumper near the end of the arm to automatically retain the arm while in the stowed position. That device shall not interfere with normal operations of the crossing control arm.
3.16 Defrosters
3.16.1 Defrosting and defogging equipment shall direct a sufficient flow of heated air onto the windshield, the window to the left of the driver and the glass in the viewing area directly to the right of the driver to eliminate frost, fog and snow. (Exception: The requirements of this standard do not apply to the exterior surfaces of double pane storm windows.)
3.16.2 The defrosting system shall conform to SAE J381, Windshield Defrosting Systems Test Procedure and Performance Requirements for Trucks, Buses, and Multipurpose Vehicles.
3.16.3 The defroster and defogging system shall be capable of furnishing heated, outside ambient air, except that the part of the system furnishing additional air to the windshield, entrance door and stepwell may be the recirculating air type.
3.16.4 Portable heaters shall not be used.
3.17 Doors
3.17.1 The entrance door shall be under the driver's control, designed to afford easy release and to provide a positive latching device on manual operating doors to prevent accidental opening. When a hand lever is used, no part shall come together that will shear or crush fingers. Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation, as tested on a 10 percent grade, both uphill and downhill.
3.17.2 The entrance door shall be located on the right side of the bus, opposite and within direct view of driver.
3.17.3 The entrance door shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches.
3.17.4 The entrance door shall be a split type door and shall open outward.
3.17.5 All entrance door glass shall be approved safety glass. The bottom of each lower glass panel shall be not more than 10 inches from the top surface of the bottom step. The top of each upper glass panel when viewed from the interior shall be not more than 3 inches below the interior door control cover or header pad.
3.17.6 Vertical closing edges on entrance doors shall be equipped with flexible material.
3.17.7 All door openings shall be equipped with padding at the top edge of the opening. Padding shall be at least 3 inches wide and 1inch thick and extend the full width of the door opening.
3.17.8 On power operated entrance doors, the actuation switch shall be on or to the right of the steering wheel within reach of a seated 5th percentile adult female driver or integrated into the steering wheel.
3.17.9 On power operated entrance doors, the emergency release valve, switch or device to release the entrance door must be placed above or to the immediate left or immediate right of the entrance door and must be clearly labeled. The emergency release valve, switch or device shall work in the absence of power.
3.18 Drive Shaft
3.18.1 The drive shaft shall be protected by a metal guard or guards around the circumference of the drive shaft to reduce the possibility of its whipping through the floor or dropping to the ground, if broken.
3.19 Electrical System
3.19.1 Battery
3.19.1.1 The storage batteries shall have minimum cold cranking capacity rating (cold cranking amps) equal to the cranking current required for 30 seconds at 0 degrees Fahrenheit and a minimum reserve capacity rating of 120 minutes at 25 amps. Higher capacities may be required, depending upon optional equipment and local environmental conditions.
3.19.1.2 The manufacturer shall securely attach the batteries on a slide out or swing out tray in a closed, vented compartment in the body skirt or chassis frame, so that the batteries are accessible for convenient servicing from the outside. When in the stored position, the tray shall be retained by a securing mechanism capable of holding the tray (with batteries) in position when subjected to a 5g load from any direction. The battery compartment door or cover, if separate from the tray, shall be hinged at the front or top. It shall be secured by a positive operated latching system or other type fastener. The door may be an integral part of the battery slide tray. The door or cover must fit tightly to the body, and not present sharp edges or snagging points. Battery cables shall meet SAE requirements. Battery cables shall be of sufficient length to allow the battery tray to fully extend. Any chassis frame-mounted batteries shall be relocated to a battery compartment on Type A buses.
3.19.1.3 All batteries are to be secured in a sliding tray except that on van conversion or cutaway front-section chassis, batteries may be secured in accordance with the manufacturer’s standard configuration. In these cases, the final location of the battery and the appropriate cable lengths shall be agreed upon mutually by the chassis and body manufacturers. However, in all cases the battery cable provided with the chassis shall have sufficient length to allow some slack, and shall be of sufficient gauge to carry the required amperage.
3.19.1.4 Buses may be equipped with a battery shut off switch. The switch is to be placed in a location not readily accessible to the driver or passengers.
3.19.2 Alternator
3.19.2.1 All Type A-2 and Type B buses with a GVWR of 15,000 pounds or less shall have a minimum 130-amp alternator. Buses equipped with an electrically powered wheelchair lift and/or air conditioning shall be equipped with the highest rated capacity available from the chassis OEM.
3.19.2.2 All buses over 15,000 pounds GVWR shall be equipped with a heavy-duty truck-or bus-type alternator having a minimum output rating of 200 amps or higher, and should produce a minimum current output of 50 percent of the rating at engine idle speed.
3.19.2.3 All other buses than those described in subsection 3.19.2.1 equipped with an electrically powered wheelchair lift and/or air conditioning shall have a minimum alternator output of 240 amps and may be equipped with a device that advances the engine idle speed when the voltage drops to, or below, a pre-set level.
3.19.2.4 A belt-driven alternator shall be capable of handling the rated capacity of the alternator with no detrimental effect on any other driven components. (For estimating required alternator capacity, see School Bus Manufacturers Technical Council’s (SBMTC) publication, “School Bus Technical Reference,” available at http://www.nasdpts.org)
3.19.2.5 A direct/gear drive alternator is permissible in lieu of a belt driven alternator.
3.19.3 Electrical Components: Materials in all electrical components shall contain no mercury.
3.19.4 Wiring, Chassis
3.19.4.1 All wiring shall conform to current applicable recommended practices of the Society of Automotive Engineers (SAE).
3.19.4.1.1 All wiring shall use color and at least one other method for identification. The other method shall be either a number code or name code, and each chassis shall be delivered with a wiring diagram that illustrates the wiring of the chassis.
3.19.4.2 The chassis manufacturer of an incomplete vehicle shall install a readily accessible terminal strip or connector on the body side of the cowl or in an accessible location in the engine compartment of vehicles designed without a cowl. The strip or connector shall contain the following terminals for the body connections:
3.19.4.2.1 Main 100 amp body circuit;
3.19.4.2.2 Tail lamps;
3.19.4.2.3 Right turn signal;
3.19.4.2.4 Left turn signal;
3.19.4.2.5 Stop lamps;
3.19.4.2.6 Backup lamps; and
3.19.4.2.7 Instrument panel lights (rheostat controlled by headlamp switch)
3.19.4.3 An appropriate identifying diagram (color plus a name or number code) for all chassis electrical circuits shall be provided to the body manufacturer for distribution to the end user.
3.19.4.4 Wiring for the headlamp system must be separate from the electronic controlled body solenoid module.
3.19.5 Wiring, Body
3.19.5.1 All wiring shall conform to current applicable SAE recommended practices.
3.19.5.2 All wiring shall have an amperage capacity exceeding the design load by at least 25%. All wiring splices are to be accessible and noted as splices on the wiring diagram.
3.19.5.3 A body wiring diagram, sized to be easily read, shall be furnished with each bus body or affixed to an area convenient to the electrical accessory control panel.
3.19.5.4 The body power wire shall be attached to a special terminal on the chassis.
3.19.5.5 Each wire passing through metal openings shall be protected by a grommet.
3.19.5.6 Wires not enclosed within the body shall be fastened securely at intervals of not more than 18 inches. All joints shall be soldered or joined by equally effective connectors, which shall be water resistant and corrosion resistant.
3.19.5.7 Wiring shall be arranged in circuits, as required, with each circuit protected by a fuse, breaker or electronic protection device. A system of color and number coding shall be used and an appropriate identifying diagram shall be provided to the end user, along with the wiring diagram provided by the chassis manufacturer. The wiring diagrams shall be specific to the bus model supplied and shall include any changes to wiring made by the body manufacturer. Chassis wiring diagrams shall be supplied to the end user. The following body interconnecting circuits shall be color coded as noted:
Note: The color of the cables shall correspond to SAE J 1128, Low Tension Primary Cable.
3.19.5.8 Wiring shall be arranged in at least six regular circuits, as follows:
3.19.5.8.1 Head, tail, stop (brake), clearance and instrument panel lamps;
3.19.5.8.2 Stepwell lamps that shall be actuated when entrance door is open;
3.19.5.8.3 Dome lamps;
3.19.5.8.4 Ignition and emergency door signal;
3.19.5.8.5 Turn signal lamps; and
3.19.5.8.6 Alternately flashing signal lamps.
3.19.5.9 Any of the above combination circuits may be subdivided into additional independent circuits.
3.19.5.10 Heaters and defrosters shall be wired on an independent circuit.
3.19.5.11 Whenever possible, all other electrical functions (such as sanders and electric type windshield wipers) shall be provided with independent and properly protected circuits.
3.19.5.12 Each body circuit shall be coded by number or letter on a diagram of circuits and shall be attached to the body in a readily accessible location.
3.19.6 Buses shall be equipped with a 12 volt power port in the driver compartment.
3.19.7 There shall be a manual noise suppression switch installed in the control panel. The switch shall be labeled and alternately colored. This switch shall be an on/off type that deactivates body equipment that produces noise, including, at least, the AM/FM radio, heaters, air conditioners, fans and defrosters. This switch shall not deactivate safety systems, such as windshield wipers or lighting systems.
3.19.8 The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted.
3.20 Emergency Equipment
3.20.1 Fire Extinguisher
3.20.1.1 The bus shall be equipped with at least one UL approved pressurized, dry chemical fire extinguisher. The extinguisher shall be secured in a mounted bracket, located in the driver's compartment and readily accessible to the driver and passengers. A pressure gauge shall be mounted on the extinguisher and shall be easily read without moving the extinguisher from its mounted position.
3.20.1.2 The fire extinguisher shall have a rating of 2-A:10-BC or greater. The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher.
3.20.2 First aid kit
3.20.2.1 The bus shall have a removable, moisture proof and dust proof first aid kit in an accessible place in the driver's compartment. It shall be mounted and identified as a first aid kit. The location for the first aid kit shall be marked.
3.20.2.2 Minimum contents to include the following:
Units / Quantity per unit
2 sets of 12- 1" x 3" adhesive bandages
3 sets of 2 - 2" bandage compress
3 sets of 1 - 4" bandage compress
2 sets of 1 – non sterile triangular bandages approx. 40" x 36" x 54" with 2 safety pins
3.20.3 Body fluid clean up kit: Each bus shall have a removable and moisture proof body fluid clean up kit accessible to the driver. It shall be mounted and identified as a body fluid clean up kit in the driver’s compartment. Minimum contents of the body fluid clean up kit shall include the following:
3.20.3.1 One 16 oz. bottle of 70% rubbing alcohol or 10% solution of bleach
3.20.3.2 One plastic trash bag with tie, minimum of 12" x 12"
3.20.3.3 Two pairs of medical examination gloves (non latex)
3.20.3.4 Ten paper towels, approximately 10 1/ 2" x 12 1/2"
3.20.4 Warning devices: Each school bus shall contain at least three retroreflective triangle road warning devices that meet the requirements of FMVSS No. 125, Warning Devices. They shall be mounted in an accessible place.
3.20.5 Any piece of emergency equipment may be mounted in an enclosed compartment, provided the compartment is labeled in not less than one-inch letters, identifying each piece of equipment contained therein.
3.21 Emergency Exits
3.21.1 Any installed emergency exit shall comply with the design and performance requirements of FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, applicable to that type of exit, regardless of whether or not that exit is required by FMVSS No. 217.
3.21.2 Emergency window requirements
3.21.2.1 The rear emergency window shall have a lifting assistance device that will aid in lifting and holding the rear emergency window open.
3.21.2.2 Side emergency exit windows shall be vertically hinged on the forward side of the window. No side emergency exit window will be located above a stop arm.
3.21.3 Emergency door requirements
3.21.3.1 The upper portion of the emergency door shall be equipped with approved safety glazing, the exposed area of which shall be at least 400 square inches. The lower portion of the rear emergency doors on Types A-2, B, C, and D vehicles shall be equipped with a minimum of 350 square inches of approved safety glazing.
3.21.3.2 There shall be no steps leading to an emergency door.
3.21.3.3 Padding shall be affixed to the top edge of each door opening. Padding shall be at least 3 inches wide and 1 inch thick and shall extend the full width of the door opening.
3.21.3.4 The side emergency door, if installed, shall have a clear aisle leading to it i.e., flip seats shall not be used.
3.21.3.5 There shall be no obstruction higher than 1/4 inch across the bottom of any emergency door opening. Fasteners used within the emergency exit opening shall be free of sharp edges or burrs.
3.21.4 Emergency exit requirements: Types A, B, C, and D vehicles shall be equipped with a total number of emergency exits as follows for the equipped seating capacities of vehicles. Exits required by FMVSS 217 may be included to comprise the total number of exits specified.
1 to 42 Passengers = 1 emergency exit per side and 1 roof hatch.
43 to 78 Passengers = 2 emergency exits per side and 2 roof hatches.
79 to 90 Passengers = 3 emergency exits per side and 2 roof hatches.
3.21.5 In addition to the audible warning required on emergency doors by FMVSS 217, additional emergency exits shall also be equipped with an audible warning device.
3.22 Engine
3.22.1 For school buses with less than 36 passenger capacity, the minimum power plant shall be 160 hp engine or equal.
3.22.2 For school buses with a capacity of 36 passengers or greater, the engine will produce at least 190 hp measured at an RPM not to exceed 2,600 and generate at least 420 foot pounds of torque.
3.22.3 All diesel engines shall have an engine block heater.
3.23 Exhaust System
3.23.1 The exhaust pipe, after treatment system and tailpipe shall be outside the bus body compartment and shall be attached to the chassis so any other chassis component is not damaged.
3.23.2 The tailpipe and after treatment system shall be constructed of a corrosion resistant tubing material at least equal in strength and durability to 16 gauge steel tubing of equal diameter.
3.23.3 The tailpipe may be flush with, or shall not extend more than two inches beyond, the perimeter of the body for side-exit pipe or the bumper for rear-exit pipe. The exhaust system shall be designed such that exhaust gas will not be trapped under the body of the bus.
3.23.4 The tailpipe shall exit to the left or right of the emergency exit door in the rear of the vehicle to the left side of the bus in front of or behind the rear drive axle or the tailpipe may extend through the bumper. The tailpipe exit location on all Types A-1 or B-1 buses may be in accordance to the manufacturer’s standards. The tailpipe shall not exit beneath any fuel filler location, emergency door or lift door.
3.23.5 The exhaust system shall be insulated in a manner to prevent any damage to any fuel system component.
3.23.6 The design of the after treatment systems shall not allow active (non-manual) regeneration of the particulate filter during the loading and unloading of passengers. Manual regeneration systems will be designed such that unintentional operation will not occur.
3.23.7 For after treatment systems that require Diesel Exhaust Fluid (DEF) to meet federally mandated emissions:
3.23.7.1 The composition of Diesel Exhaust Fluid (DEF) must comply with International Standard ISO 22241-1. Refer to engine manufacturer for any additional DEF requirements.
3.23.7.2 The DEF supply tank shall have a minimum capacity of 11.5 gallons.
3.24 Fenders, Front
3.24.1 When measured at the fender line, the total spread of the outer edges of front fenders shall exceed the total spread of front tires when front wheels are in a straight ahead position.
3.24.2 Front fenders shall be properly braced and shall not require attachment to any part of the body.
3.25 Fire Suppression Systems
3.25.1 The chassis manufacturer may provide an automatic fire extinguisher system in the engine compartment.
3.25.2 Fire suppression system nozzles shall be located in the engine compartment, under the bus, in the electrical panel or under the dash, but they shall not be located in the passenger compartment. The system must include a lamp or buzzer to alert the driver that the system has been activated.
3.26 Floors
3.26.1 The floor in the under seat area, including tops of wheel housings, driver's compartment and toeboard, shall be covered with an elastomer floor covering, having a minimum overall thickness of 0.125 inches and a calculated burn rate of 0.1 mm per minute or less, using the test methods, procedures and formulas listed in FMVSS No. 302, Flammability of Interior Materials. The driver's area and toeboard area in all Type A buses may be manufacturer's standard flooring and floor covering.
3.26.2 The floor covering in the aisles shall be ribbed or other raised pattern elastomer and have a calculated burn rate of 0.1 mm per minute or less using the test methods, procedures and formulas listed in FMVSS No. 302. Minimum overall thickness shall be 0.0187 inch measured from tops of ribs.
3.26.3 The floor covering must be permanently bonded to the floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be a type recommended by the manufacturer of floor covering material. All seams shall be sealed with waterproof sealer.
3.26.4 On Types B, C and D buses, a flush mounted, screw down plate that is secured and sealed shall be provided to access the diesel or gasoline fuel tank sending unit and/or fuel pump. This plate shall not be installed under flooring material.
3.27 Frame
3.27.1 Frame lengths shall be established in accordance with the design criteria for the complete vehicle.
3.27.2 Making holes in top or bottom flanges or side units of the frame and welding to the frame shall not be permitted except as provided or accepted by the chassis manufacturer.
3.27.3 Frames shall not be modified for the purpose of extending the wheel base.
3.27.4 Any secondary manufacturer that modifies the original chassis frame shall provide a warranty at least equal to the warranty offered by the original equipment manufacturer (OEM), and shall certify that the modification and other parts or equipment affected by the modification shall be free from defects in material and workmanship under normal use and service intended by the OEM.
3.28 Fuel System
3.28.1 Fuel tank(s) for school buses with capacity of 36 passengers and above having a minimum 60 gallon capacity shall be provided by the chassis manufacturer. School buses less than a capacity of 36 shall have a manufacturer’s standard fuel tank. Each tank shall be filled from and vented to the outside of the passenger compartment and each fuel filler shall be placed in a location where accidental fuel spillage will not drip or drain on any part of the exhaust system.
3.28.2 The fuel system shall comply with FMVSS No. 301, Fuel System Integrity.
3.28.3 Fuel tank(s) may be mounted between the chassis frame rails or outboard of the frame rails on either the left or right side of the vehicle.
3.28.4 The actual draw capacity of each fuel tank shall be a minimum of 83% of the tank capacity.
3.28.5 Installation of alternative fuel systems, including fuel tanks and piping from tank to the engine, shall comply with all applicable fire codes in effect on the date of manufacture of the bus.
3.28.6 Fuel gauges must be calibrated for size of tank used. If more than one tank is used, there must be a gauge for each tank.
3.28.7 Installation of Liquified Petroleum Gas (LPG) tanks shall comply with National Fire Protection Association (NFPA) 58, Liquified Petroleum Gas Code.
3.28.8 Installation of Compressed Natural Gas (CNG) containers shall comply with FMVSS No. 304, Compressed Natural Gas Fuel Container Integrity.
3.28.9 The CNG Fuel System shall comply with FMVSS No. 303, Fuel System Integrity of Compressed Natural Gas Vehicles.
3.29 Governor
3.29.1 An electronic engine speed limiter shall be provided and set to limit engine speed, not to exceed the maximum revolutions per minute, as recommended by the engine manufacturer.
3.30 Handrails
3.30.1 At least one handrail shall be installed. The handrail shall be a minimum of 1” diameter and be constructed from corrosion resistant material(s). The handrail(s) shall assist passengers during entry or exit, and shall be designed to prevent entanglement, as evidenced by the passage of the National Highway Transportation Safety Administration (NHTSA) string and nut test.
3.31 Heating System, Provision For
3.31.1 The engine shall be capable of supplying coolant at a temperature of at least 170 degrees Fahrenheit at the engine cooling thermostat opening. The coolant flow rate shall be 50 pounds per minute at the return end of 30 feet of one inch inside diameter automotive hot water heater hose. (See SBMTC-001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment.)
3.32 Heating and Air Conditioning Systems
3.32.1 Heating System
3.32.1.1 The heater shall be a hot water type.
3.32.1.2 Buses with a capacity of 36 or more shall have at least one heater at the front and 1 heater in the rear portion of the bus. Buses with 2 heaters at the front shall have 1 to the left of the driver, and 1 to the right of the driver near the entrance door.
3.32.1.3 If only one heater is used, it shall be fresh air or combination fresh air and recirculation type.
3.32.1.4 If more than one heater is used, additional heaters may be recirculating air type.
3.32.1.5 The heating system shall be capable of maintaining bus interior temperatures, as specified in test procedure SAE J2233.
3.32.1.6 Auxiliary fuel fired heating systems are permitted, provided they comply with the following:
3.32.1.6.1 The auxiliary heating system shall utilize the same type fuel as specified for the vehicle engine;
3.32.1.6.2 An auxiliary heating system when connected to the engine coolant system may be used to preheat the engine coolant or preheat and add supplementary heat to the heating system;
3.32.1.6.3 Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in such a manner that will endanger bus passengers;
3.32.1.6.4 All combustion heaters shall be in compliance with current Federal Motor Carrier Safety Regulations;
3.32.1.6.5 The auxiliary heating system shall require low voltage; and
3.32.1.6.6 Auxiliary heating systems shall comply with FMVSS No. 301, Fuel System Integrity, and all other applicable FMVSSs, as well as with SAE test procedures.
3.32.1.7 All forced air heaters installed by body manufacturers shall bear a name plate that indicates the heater rating in accordance with SBMTC-001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate.
3.32.1.8 Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE J20c, Coolant System Hoses. Heater lines, cores on the interior of the bus shall be shielded to prevent scalding or burning of the driver or passengers.
3.32.1.9 Each hot water system installed by a body manufacturer shall include one shut off valve in the pressure line and one shut off valve in the return line, with both valves at the engine in an accessible location, except that on Types A and B buses, the valves may be installed in another accessible location.
3.32.1.10 All heaters in the passenger compartment shall be equipped with a device installed in the hot water pressure line, which regulates the water flow to all passenger heaters. The device shall be conveniently operated by the driver while seated. The driver and passenger heaters may operate independently of each other for maximum comfort.
3.32.1.11 Accessible bleeder valves for removing air from the heater shall be installed in an appropriate place in the return lines of the body company installed heater.
3.32.1.12 Access panels shall be provided to make heater motors, cores and fans readily accessible for service. An exterior access panel to the driver’s heater may be provided.
3.32.2 Passenger Compartment Air Conditioning (Optional)
3.32.2.1 Performance Specifications
3.32.2.1.1 The installed air conditioning system shall cool the interior of the bus from 100 degrees to 80 degrees Fahrenheit, measured at three points (minimum), located four feet above the floor on the longitudinal centerline of the bus. The three required points shall be: (1) three feet above the center point of the horizontal driver seat surface, (2) at the longitudinal midpoint of the body, and (3) three feet forward of the rear emergency door or, for Type D rear-engine buses, three feet forward of the end of the aisle. Note for the Type A vehicles placement of the rear thermocouple should be centered in the bus over the rear axle. The independent temperature reading of each temperature probe inside the bus shall be within a range of ± 3 degrees Fahrenheit of the average temperature at the conclusion of the test.
3.32.2.1.2 The test conditions under which the above performance must be achieved shall consist of: (1) placing the bus in a room (such as a paint booth) where ambient temperature can be maintained at 100 degrees Fahrenheit; (2) heat-soaking the bus at 100 degrees Fahrenheit at a point measured two feet horizontally from the top of the windows on both sides of the bus, with windows open for two hours; and (3) closing windows, turning on the air conditioner with the engine running at 1250 ± 50 RPM, and cooling the interior of the bus to 80 degrees Fahrenheit, (standard performance) or 70 degrees Fahrenheit (high performance), within 30 minutes while maintaining 100 degrees Fahrenheit outside temperature.
3.32.2.2 Other Requirements
3.32.2.2.1 Evaporator cases, lines and ducting (as equipped) shall be designed in such a manner that all condensation is effectively drained to the exterior of the bus below the floor level under all conditions of vehicle movement and without leakage on any interior portion of bus.
3.32.2.2.2 Evaporators or ducting systems shall be designed and installed to be free of projections or sharp edges. Ductwork shall be installed so that exposed edges face the front of the bus and do not present sharp edges.
3.32.2.2.3 Evaporator cases and ducting systems shall be equipped with diffusers that are adjustable.
3.32.2.2.4 The condensers shall be equipped with a sight glass (or at least one for each part of a split system) that is accessible and directly visible for checking the level of the refrigerant.
3.32.2.2.5 The compressor system shall be equipped with both a high pressure and a low pressure switch to prevent compressor operation when system temperatures are above or below recommended safe levels. Lubrication of moving compressor parts shall be accomplished automatically. An automatic (electric) clutch shall be provided on each compressor.
3.32.2.2.6 All system operating controls, including on/off switch(es), blower switch(es) and thermostat controls shall be within reach of a seated 5th percentile adult female driver.
3.32.2.2.7 Blowers shall be a minimum of two speeds.
3.32.2.2.8 Wiring shall be copper with color coded insulation. The air conditioning system shall be equipped with at least one manually resetable circuit breaker per side to provide overload protection for the main power circuit feeding the evaporator blowers and condenser fans. System control circuits shall also have overload protection, but may be fused.
3.32.2.2.9 Refrigerant shall be R 134A.
3.32.2.2.10 All wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear. All flexible refrigerant hoses shall be double braided.
3.32.2.2.11 On school buses equipped with Type 2 seatbelts having anchorages above the windows, the evaporator and ducting (if used) shall be placed at a height sufficient to not obstruct occupant securement anchorages. This clearance shall be provided along the entire length of the passenger area on both sides of the bus interior;
3.32.2.2.12 The body shall be equipped with insulation, including sidewalls, roof, firewall, rear, inside body bows and plywood or composite floor insulation to reduce thermal transfer.
3.32.2.2.13 All glass shall be tinted (see “Windows”, this section and “Special Service Entrance Door”, section 2).
3.32.2.2.14 Roofs shall be painted white to aid in heat dissipation (see “Color”, this section).
3.32.2.2.15 Air intake for any evaporator assembly(ies), except for front evaporator of Type A-I, shall be equipped with replaceable air filter(s) accessible without disassembly of evaporator case.
3.32.2.2.16 For all buses (except Type D rear engine transit) equipped with a rear evaporator assembly, evaporator shall not encroach upon head impact zone, but may occupy an area of less than 26.5 inches from the rear wall and 14 inches from the ceiling.
3.32.2.2.17 For Type D rear engine transit buses equipped with a rear evaporator over the davenport, the evaporator assembly may not interfere with rear exit window and may not extend above the rear seating row.
3.32.2.2.18 Electrical generating capacity shall be provided to accommodate the additional electrical demands imposed by the air conditioning system.
3.33 Hinges
3.33.1 All exterior metal door hinges shall be designed to allow lubrication to be channeled to the center 75% of each hinge loop without disassembly, unless they are constructed of stainless steel, brass or non metallic hinge pins or other designs that prevent corrosion.
3.34 Horn
3.34.1 The bus shall be equipped with a horn(s) of standard make with the horn(s) capable of producing a complex sound in bands of audio frequencies between 250 and 2,000 cycles per second and tested in accordance with SAE J377, Horn, Forward Warning, Electric, Performance, Test, and Application.
3.35 Identification
3.35.1 The body shall bear words "SCHOOL BUS" in black letters at least 8 inches high on both front and rear of the body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to "Series B" of Standard Alphabets for Highway Signs. "SCHOOL BUS" lettering shall have a reflective background. It may not be illuminated by backlighting.
3.35.2 All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white.
3.35.3 Bus identification number shall be displayed on both sides, on the rear, and on the front with 6 inch numbers/letters.
3.35.4 District, company name or owner of the bus shall be displayed (letters 3 inch minimum to 6 inches maximum;
3.35.5 Each school bus shall be equipped with a sign on the left side of the rear bumper that says “WE STOP AT RAILROAD CROSSINGS”. The words “WE STOP AT” shall be four-inch capital letters conforming to “Series B” of Standard Alphabets for Highway Signs. The “RAILROAD CROSSING” portion of this signage shall be the universal round railroad crossing sign (minimum 6 inch diameter). The symbol and all lettering shall be black. The remainder of the signage shall be retroreflective NSBY material.
3.35.6 Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to:
3.35.6.1 The location of the battery(ies) identified by the word "BATTERY" or "BATTERIES" on the battery compartment door in 2 inch lettering;
3.35.6.2 Symbols or letters not to exceed 64 square inches of total display near the entrance door, displaying information for identification by the students of the bus or route served;
3.35.6.3 Manufacturer, company name, dealer, school logo, or U.S. Flag (with no other wording or artwork) decal or plate not to exceed 6 inches by 12 inches may be displayed in the right side plate location on the rear of the bus;
3.35.6.4 Symbols identifying the bus as equipped for or transporting students with special needs (see the Specially Equipped School Bus Specifications section in NSTSP);
3.35.6.5 Identification of fuel type in 1 inch lettering adjacent to the fuel filler opening.
3.36 Inside Height: Inside body height shall be 72 inches or more, measured metal to metal, at any point on longitudinal center line from the front vertical bow to the rear vertical bow. Inside body height of Type A-1 buses shall be 62 inches or more. Inside height does not apply to air conditioning equipment
3.37 Instruments and Instrument Panel
3.37.1 The chassis shall be equipped with the instruments and gauges listed below. (Telltale warning lamps in lieu of gauges are not acceptable, except as noted):
3.37.1.1 Speedometer;
3.37.1.2 Odometer that can be read without using a key and that will give accrued mileage (to seven digits), including tenths of miles, unless tenths of miles are registered on a trip odometer;
3.37.1.3 Tachometer (Note: For Types B, C, and D buses, a tachometer shall be installed so as to be visible to the driver while seated in a normal driving position.);
3.37.1.4 Voltmeter (Note: An ammeter with graduated charge and discharge indications is permitted in lieu of a voltmeter; however, when used, the ammeter wiring must be compatible with the current flow of the system);
3.37.1.5 Oil pressure gauge;
3.37.1.6 Water temperature gauge;
3.37.1.7 Fuel gauge;
3.37.1.8 High beam headlamp indicator;
3.37.1.9 Brake air pressure gauge and low pressure lamp (air brakes), or brake indicator lamp (hydraulic brakes);
3.37.1.10 Turn signal indicator; and
3.37.1.11 Glow plug indicator light, where appropriate
3.37.2 All instruments shall be easily accessible for maintenance and repair.
3.37.3 The instruments and gauges shall be mounted on the instrument panel so that each is clearly visible to the driver while seated in a normal driving position.
3.37.4 Instruments and controls must be illuminated as required by FMVSS No. 101, Controls and Displays.
3.37.5 Multi-function gauge (MFG)
3.37.5.1 The driver must be able to manually select any displayable function of the gauge on a MFG, whenever desired.
3.37.5.2 Whenever an out of limits condition that would be displayed on one or more functions of a MFG occurs, the MFG controller should automatically display this condition on the instrument cluster. This should be in the form of an illuminated telltale warning lamp, as well as having the MFG automatically display the out of limits indications. If two or more functions displayed on the MFG go out of limits simultaneously, then the MFG should sequence automatically between those functions continuously until the condition(s) are corrected.
3.37.5.3 The use of a MFG does not relieve the need for audible warning devices, where required.
3.38 Insulation
3.38.1 If thermal insulation is specified, it shall be fire resistant, UL approved, with minimum R value of 5.5. Insulation shall be installed so as to prevent sagging.
3.38.2 If floor insulation is required, it shall be five ply softwood plywood, nominal 5/8 inch thickness and shall be equal to or exceed properties of the exterior type, C-D Grade, as specified in the standard issued by U.S. Department of Commerce. When plywood is used, all exposed edges shall be sealed. Type A-1 buses may be equipped with nominal 1/2 inch thick plywood or equivalent material meeting the above requirements. Equivalent material may be used to replace plywood, provided it has an equal or greater insulation R value, sound abatement, deterioration resistant and moisture resistant properties.
3.39 Interior
3.39.1 The interior of bus shall be free of all unnecessary projections, which include luggage racks and attendant handrails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If the ceiling is constructed with lap joints, the forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and/or tow chains. (See “Storage Compartment”, this section)
3.39.2 Interior overhead storage compartments may be provided if they meet the following criteria:
3.39.2.1 Head protection requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, where applicable;
3.39.2.2 Have a maximum rated capacity displayed for each compartment;
3.39.2.3 Be completely enclosed and equipped with latching door (both door and latch sufficient to withstand a pushing force of 50 pounds applied at the inside center of the door);
3.39.2.4 Have all corners and edges rounded with a minimum radius of 1 inch or be padded equivalent to door header padding;
3.39.2.5 Be attached to the bus sufficiently to withstand a force equal to 20 times the maximum rated capacity of the compartment; and
3.39.2.6 Have no protrusions greater than ¼ inch.
3.39.3 The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment.
3.39.4 Every school bus shall be constructed so that the noise level at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in the NSTSP, Appendix B.
3.39.5 School buses with a capacity of 36 passengers or greater shall be equipped with a sound dampening body package that includes firewall and engine cover. The headliner over the driver’s compartment to the front barriers shall be perforated to absorb sound.
3.39.6 Buses shall have mar proof sidewalls.
3.40 Lamps and Signals: may be incandescent, sealed beam, halogen or light emitting diode (LED).
3.40.1 Interior lamps which illuminate the aisle and stepwell shall be provided. The stepwell lamp shall be illuminated by an entrance door operated switch, to illuminate only when headlamps and clearance lights are on and the entrance door is open.
3.40.1.1 Buses shall have a red United States Department of Transportation (USDOT) light above the emergency door.
3.40.1.2 Buses shall have dome lights in the driver and passenger compartments and shall have a separate switch to operate the rear row of lights.
3.40.2 Body instrument panel lamps shall be controlled by an independent dimmer switch.
3.40.3 School bus alternately flashing signal lamps shall be provided:
3.40.3.1 The bus shall be equipped with two red lamps at the rear of vehicle and two red lamps at the front of the vehicle.
3.40.3.1.1 Visors or hoods, black in color, shall be required and shall have a minimum depth of 4 inches.
3.40.3.2 In addition to the four red lamps described above, four amber lamps shall be installed so that one amber lamp is located near each red signal lamp, at same level, but closer to the vertical centerline of bus. The system of red and amber signal lamps shall be wired so that amber lamps are energized manually. The amber signal lamps shall be controlled by a manual button located on the steering wheel or to the right of the driver. The red lamps are automatically energized and amber lamps are automatically de-energized when stop signal arms are extended or when bus entrance door is opened. An amber pilot lamp and a red pilot lamp shall be installed adjacent to the driver controls for the flashing signal lamp to indicate to the driver which lamp system is activated.
3.40.3.2.1 The lamps shall be a non-sequential operation.
3.40.3.3 The area around lens of alternately flashing signal lamps extending outward from the edge of the lamps 1-3 inches to the sides and top and 1” to the bottom, shall be black in color on the body or roof area against which the signal lamp is seen.
3.40.3.4 Red lamps shall flash at any time the arm is extended.
3.40.3.5 All flashers for alternately flashing red and amber signal lamps shall be enclosed in the body in a readily accessible location.
3.40.4 Turn signal and stop tail lamps
3.40.4.1 The bus body shall be equipped with amber rear turn signal lamps that are at least 7 inches in diameter or if the shape is other than round, a minimum 38 square inches of illuminated area and shall meet FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. These signal lamps must be connected to the chassis hazard warning switch to cause simultaneous flashing of turn signal lamps when needed as vehicular traffic hazard warning. Turn signal lamps are to be placed as wide apart as practical and their horizontal centerline shall be a maximum of 12 inches below the rear window.
3.40.4.2 Buses shall be equipped with amber side mounted turn signal lamps. The turn signal lamp on the left side shall be mounted rearward of the stop signal arm and the turn signal lamp on the right side shall be mounted rearward of the entrance door. An additional side turn signal lamp shall be mounted between the rear wheel opening and the rear of the bus on both sides.
3.40.4.3 In addition to manufacturer’s standard turn signals, Type C school buses shall be equipped with front, Class A fender or hood mounted turn signals.
3.40.4.4 Buses shall be equipped with four combination red stop/tail lamps:
3.40.4.4.1 Two combination lamps with a minimum diameter of 7 inches, or if a shape other than round, a minimum 38 square inches of illuminated area shall be mounted on the rear of the bus just inside the turn signal lamps.
3.40.4.4.2 Two combination lamps with a minimum diameter of 4 inches, or if a shape other than round, a minimum 12 square inches of illuminated area, shall be placed on the rear of the body between the beltline and the floor line. The rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a steady light when illuminated.
3.40.5 All buses shall be equipped with a 16 light monitor. The monitor shall be mounted in full view of the driver. If the full circuit current passes through the monitor, each circuit shall be protected against any short circuit or intermittent shorts by a fuse, circuit breaker or electronic protection device.
3.40.6 Body markers shall be the armored type.
3.40.7 Strobe lamp
3.40.7.1 A white flashing strobe lamp meeting the requirements of SAE J845, June 2013 Edition, shall be installed directly on the roof of the bus.
3.40.7.2 It shall be located from 4 to 6 feet from the rear of the roof edge (except air conditioned buses with rooftop evaporators), within 1 foot of centerline, behind all other roof equipment.
3.40.7.3 The light shall be wired to activate when the amber alternately flashing signal lamps are activated, continuing through the full loading or unloading cycle, with an override switch to allow activation of the strobe lamp anytime for use in inclement weather.
3.40.7.4 A separate pilot lamp on the light switch panel or a pilot lamp in the strobe light switch shall be installed to indicate when the light is in operation.
3.40.8 Backup lamps
3.40.8.1 The bus body shall be equipped with two white rear backup lamps that are at least 4 inches in diameter or, if a shape other than round, a minimum of 12 square inches of illuminated area and shall meet FMVSS No. 108. If backup lamps are placed on the same horizontal line as the brake lamps and turn signal lamps, they shall be to the inside.
3.40.9 Daytime Running Lamps
3.40.9.1 Head lamps shall be provided with a switch to automatically operate the lamps when the vehicle is placed in gear or the parking brake is released. If this switch is designed to provide reduced illumination under normal operating conditions, a means whereby the head lamps can be engaged at full power shall be provided.
3.40.10 School buses may be equipped with fog lamps.
3.41 Metal Treatment
3.41.1 All metal except high grade stainless steel or aluminum used in construction of the bus body shall be zinc coated or aluminum coated or treated to prevent corrosion. This includes but is not limited to such items as structural members, inside and outside panels, door panels and floor sills. Excluded are such items as door handles, grab handles, interior decorative parts and other interior plated parts.
3.41.2 All metal parts that will be painted, in addition to the above requirements, shall be chemically cleaned, etched, zinc phosphate coated and zinc chromate or epoxy primed to improve paint adhesion. This includes but is not limited to such items as crossing control arm and stop arm.
3.41.3 In providing for these requirements, particular attention shall be given to lapped surfaces, welded connections of structural members, cut edges on punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas and surfaces subjected to abrasion during vehicle operation.
3.41.4 As evidence that above requirements have been met, samples of materials and sections used in the construction of the bus body shall be subjected to a cyclic corrosion testing as outlined in SAE J1563.
3.42 Mirrors
3.42.1 The interior glass mirror shall be either laminated or tempered and shall have rounded corners and protected edges. Mirrors shall be 6 inches x 16 inches minimum for Types A buses and be 6 inches x 30 inches for Types C and D buses.
3.42.2 Each school bus shall be equipped with exterior mirrors meeting the requirements of FMVSS No. 111, Rearview Mirrors. The right side rear view mirror shall not be obscured by the unwiped portion of the windshield. Mirrors shall be easily adjustable, but shall be rigidly braced, so as to reduce vibration.
3.42.3 All buses shall be equipped with heated and remote controlled exterior rear view mirrors and heated cross over mirrors.
3.43 Mounting
3.43.1 The rear body cross member shall be supported by the chassis frame. Except where chassis components interfere, the bus body shall be attached to the chassis frame at each main floor sill in such a manner as to prevent shifting or separation of the body from the chassis under severe operating conditions.
3.43.2 Insulators shall be installed at all contact points between the body and the chassis frame on Types A-2, B, C, and D buses, and shall be secured by a positive means to the chassis frame or body to prevent shifting, separation, or displacement of the isolators under severe operating conditions.
3.44 Oil Filter
3.44.1 An oil filter with a replaceable element shall be provided and connected by flexible oil lines if it is not a built in or an engine mounted design. The oil filter shall have a capacity in accordance with the engine manufacturer’s recommendation.
3.45 Openings
3.45.1 All openings in the floorboard or firewall between chassis and the passenger compartment (e.g. for gearshift selector and parking brake lever) shall be sealed.
3.46 Overall Length
3.46.1 Overall length of bus shall not exceed 45 feet, excluding accessories.
3.47 Overall Width
3.47.1 Overall width of bus shall not exceed 96 inches, excluding accessories.
3.48 Passenger Load
3.48.1 The actual gross vehicle weight (GVW) is the sum of the chassis weight plus the body weight, plus the driver's weight, plus total seated student weight. For purposes of calculation, the driver's weight is 150 pounds, and the student weight is 120 pounds per student.
3.48.2 Actual GVW shall not exceed the chassis manufacturer's GVWR for the chassis, nor shall the actual weight carried on any axle exceed the chassis manufacturer's Gross Axle Weight Rating (GAWR).
3.49 Public Address System
3.49.1 There shall be installed a public address amplifier specifically designed for vehicular applications. Such system shall consist of an on off switch, volume control, and an inside outside speaker selector switch. Additionally, it shall have an outside speaker completely weather proofed a minimum 7 watt power capability and two interior dynamic speakers with a minimum diameter of 4 inches. These speakers shall be located above the window line, to the rear of the driver, and shall not project more than 1/2 inch from the interlining of the bus. There shall be no sharp edges or corners that could cause injury to a passenger. The outside speaker on Type A and B buses shall be located on the left front side of the bus forward of the front wheels. On Type C buses the speaker shall be located in the engine compartment forward of the radiator or on the inside of the front bumper on the left side. On Type D buses the speaker shall be located under the floor on the left side of the bus between the front bumper and the left, front wheel.
3.49.2 Buses may be equipped with an AM/FM audio system.
3.49.3 No internal speakers, other than the driver’s communication systems, may be installed within 4’ of the driver’s seat back in its rearmost upright position.
3.50 Retarder System: A retarder system, if used, shall limit the speed of a fully loaded school bus to 19.0 mph on a 7% grade for 3.6 miles.
3.51 Retroreflective Material, Reflexite or Diamond grade or equivalent (see NSTSP, Appendices A and B, Retroreflective Sheeting)
3.51.1 The front and rear bumper may be marked diagonally 45 degrees down to centerline of pavement with 2 inches + or - ¼ inch wide strips of non contrasting reflective material.
3.51.2 The rear of the bus body shall be marked with strips of retroreflective NSBY material to outline the perimeter of the back of the bus using material which conforms to the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices, Table 1. The perimeter marking of rear emergency exits per FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, and/or the use of retroreflective "SCHOOL BUS" signs partially accomplishes the objective of this requirement. To complete the perimeter marking of the back of the bus, strips of retroreflective NSBY material a minimum of one inch and a maximum of two inches in width shall be applied horizontally above the rear windows and above the rear bumper, extending from the rear emergency exit perimeter, marking outward to the left and right rear corners of the bus. Vertical strips shall be applied at the corners connecting these horizontal strips.
3.51.3 "SCHOOL BUS" signs shall be marked with retroreflective NSBY material comprising background for lettering of the front and/or rear "School BUS" signs.
3.51.4 Sides of bus body shall be marked with at least 1 ¾ inch retro reflective NSBY material, extending the length of the bus body and located (vertically) between the floor line and the beltline.
3.52 Road Speed Control: The bus shall be equipped with a vehicle speed limiter to accurately control vehicle maximum speed to 65 miles per hour.
3.53 Rub Rails
3.53.1 There shall be three rub rails on each side of the bus. One shall be located at or no more than 8 inches above the seat cushion level. The second shall be just below the window line. The third shall be located 10 inches or less above the floor line. This rub rail shall cover the same longitudinal span as the upper rub rails except at the wheelhousing. All rub rails shall extend the length of the left side and on the right side from the rear side of the entrance door to the rear of the bus.
3.53.2 Two of the three rub rails shall wrap around the bus body (except at the emergency door or any maintenance access door).
3.53.3 There shall be a snow (rub) rail at the bottom edge of the body side skirts.
3.53.4 Rub rails above the floor line shall be attached at each body post and at all other upright structural members.
3.53.5 Each rub rail shall be 4 inches or more in width in its finished form and shall be constructed of 16 gauge steel or other material of equivalent strength suitable to help protect body side panels from damage. Rub rails shall be constructed in corrugated or ribbed fashion.
3.53.6 Rub rails shall be applied outside the body or outside the body posts. (Pressed in or snap on rub rails do not satisfy this requirement.) For Type A-1 vehicles using the body provided by the chassis manufacturer, or for Types A-2, B, C and D buses containing the rear luggage or the rear engine compartment, rub rails need not extend around the rear corners.
3.54 Seats and Restraining Barriers
3.54.1 Passenger Seating
3.54.1.1 School bus design capacities shall be in accordance with 49 CFR 571.3 and FMVSS No. 222, School Bus Passenger Seating and Crash Protection.
3.54.1.2 All seats shall have a minimum cushion depth of 15 inches, a seat back height of 24 inches above the seating reference point, and must comply with all other requirements of FMVSS No. 222.
3.54.1.3 All restraining barriers and passenger seats shall be constructed with materials that enable them to meet the criteria of the School Bus Seats Upholstery Fire Block Test.
3.54.1.4 School buses equipped with front barriers shall have modesty panels to the floor between the barrier leg and the side of the bus.
3.54.1.5 Each seat leg shall be secured to the floor by bolts, washers, and nuts in order to meet the performance requirements of FMVSS No. 222. Flange head nuts may be used in lieu of nuts and washers. All seat frames attached to the seat rail shall be fastened two or more bolts, washers and nuts, or with flange-head nuts. Seats may be track mounted in conformance with FMVSS No. 222.
3.54.1.6 If track seating is installed, the manufacturer shall supply minimum and maximum seat spacing dimensions (applicable to the bus) which comply with FMVSS No. 222. This information shall be on a label permanently affixed to the bus.
3.54.1.7 All school buses (including Type A) shall be equipped with restraining barriers which conform to FMVSS No. 222.
3.54.1.8 There shall be a minimum of 8" clearance between the top of the last seat and the rear interior of the bus.
3.54.1 9 Flip seats shall not be used.
3.54.1.10 Lap shoulder belts shall not be installed on passenger seats in large school buses (over 10,000 pounds GVWR) except in conjunction with child safety restraint systems that comply with the requirements of FMVSS No. 213, Child Restraint Systems.
3.54.1.11 An electrical child reminder system shall be installed to assist the driver in checking for students left on board the bus. There shall be an instructional placard explaining system deactivation in the driver compartment.
3.54.2 Preschool Age Seating: Passenger seats designed to accommodate a child or infant carrier seat shall comply with FMVSS No. 225, Child Restraint Anchorage Systems. These seats shall be in compliance with NHTSA’s “Guideline for the Safe Transportation of Preschool Age Children in School Buses.” (Note: See 3.54.1.10 above.) There shall be at least 27 inches, measured at seat cushion level between the back of the seat back or barrier and the front of the seat back of the next seat to the rear.
3.54.3 Driver Seat
3.54.3.1 The driver's seat supplied by the body manufacturer shall be a high back seat, have right side armrests and have a cloth seating surface. It may have air suspension. The seat back shall be adjustable to 15 degrees minimum, without requiring the use of tools. The seat shall be equipped with a head restraint to accommodate a 5th percentile adult female to a 95th percentile adult male, as defined in FMVSS No. 208, Occupant Crash Protection.
3.54.3.2 Type A buses may utilize the standard driver’s seat provided by the chassis manufacturer.
3.54.4 Driver Restraint System
3.54.4.1 An integrated Type 2 lap shoulder belt may be provided for the driver. If not available, the shoulder belt shall have a height adjuster.
3.54.4.2 The assembly shall be equipped with an emergency locking retractor for the continuous belt system. On all buses except Type A that are equipped with a standard chassis manufacturer's driver's seat, the lap portion of the belt system shall be guided or anchored to prevent the driver from sliding sideways under the belt system. The lap/shoulder belt shall be designed to allow for easy adjustment in order to fit properly and to effectively protect drivers varying in size from a 5th percentile adult female to 95th percentile adult male.
3.54.4.3 Driver seat belt shall be of a high visibility color.
3.54.5 Each bus shall be equipped with a durable webbing cutter having a full width handgrip and a protected, replaceable or non-corrodible blade. The required webbing cutter shall be mounted in a location accessible to the seated driver in an easily detachable manner.
3.55 Shock Absorbers
3.55.1 The bus shall be equipped with double action shock absorbers compatible with the manufacturer's rated axle capacity at each wheel location.
3.56 Side Skirts
3.56.1 Side body panels and skirt shall be a maximum of 46 to 47 inches measured from the bottom of the window line to the bottom of the snow rail, unless the standard side skirt is at the center of the axles. This does not apply to buses with side body storage compartments.
3.57 Steering Gear
3.57.1 The steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when the vehicle is operated with maximum load and at maximum speed.
3.57.2 If external adjustments are required, the steering mechanism shall be accessible to make adjustments.
3.57.3 Changes shall not be made to the steering apparatus which are not approved by the chassis manufacturer.
3.57.4 There shall be a clearance of at least 2 inches between the steering wheel and cowl, instrument panel, windshield or any other surface.
3.57.5 Power steering is required and shall be of the integral type with integral valves.
3.57.6 The steering system shall be designed to provide a means for lubrication of all wear points that are not permanently lubricated.
3.57.7 On Type C and D buses, the steering column wheel shall have tilt capability and may have telescopic capability.
3.58 Steps
3.58.1 All school buses with a capacity of 36 passengers and above shall have a three step stepwell.
3.58.2 The first step at the entrance door shall be not less than 10 inches and not more than 14 inches from the ground when measured from the top surface of the step to the ground, based on standard chassis specifications, except that on Type D vehicles, the first step at the service door shall be 12 inches to 16 inches from the ground.
3.58.3 Step risers shall not exceed a height of 10 inches. Exception: When plywood is used on a steel floor or step, the riser height may be increased by the thickness of the plywood.
3.58.4 Steps shall be enclosed to prevent accumulation of ice and snow.
3.58.5 Steps shall not protrude beyond the side body line.
3.59 Step Treads
3.59.1 All steps, including floor line platform area, shall be covered with an elastomer floor covering having a minimum overall thickness of 0.187 inch.
3.59.2 The step covering shall be permanently bonded to a durable backing material that is resistant to corrosion.
3.59.3 Steps, including the floor line platform area, shall have a 1 ½ inch white nosing.
3.59.4 Step treads shall have the following characteristics:
3.59.4.1 Abrasion resistance
3.59.4.1.1 Step tread material weight loss shall not exceed 0.40 percent, as tested under ASTM D-4060, Standard Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser, (CS-17 Wheel, 1000 gram, 1000 cycle);
3.59.4.2 Weathering resistance
3.59.4.2.1 Step treads shall not break, crack, or check after ozone exposure (7 days at 50 phm at 40 degrees C) and Weatherometer exposure (ASTM D-750, Standard Test Method for Rubber Deterioration in Carbon Arc Weathering Apparatus, 7 days); and
3.59.4.3 Flame Resistance
3.59.4.3.1 Step treads shall have a calculated burn rate of 0.01 mm per minute or less using the test methods, procedures and formulas listed in FMVSS No. 302, Flammability of Interior Materials.
3.59.4.4 A spray on application type material may be used in lieu of the item specified in subsection 3.59.1 of this regulation that meets the requirements of subsections 3.59.2 through 3.59.4. The material shall be applied not only to the interior surfaces of the service door step treads but also to the exterior, if not covered by undercoating.
3.60 Stirrup Steps
3.60.1 If the windshield and lamps are not easily accessible from the ground, there shall be at least one folding stirrup step or recessed foothold installed on each side of the front of the body for easy accessibility for cleaning. There also may be a grab handle installed in conjunction with the step. Steps are permitted in or on the front bumper in lieu of the stirrup steps if the windshield and lamps are easily accessible for cleaning from that position.
3.61 Stop Signal Arm
3.61.1 The stop signal arm shall comply with the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices. They shall have LED lights with a strobe function.
3.62 Storage Compartments:
3.62.1 A storage container for tools, and/or other equipment may be located either inside or outside the passenger compartment. If it is inside, it shall be fastened to the floor and have a cover with a positive fastening device.
3.62.2 A storage compartment with a closeable door and minimum capacity of 500 cu. in. located in the driver compartment area shall be provided.
3.63 Sun Shield
3.63.1 On Types B, C, and D buses, an interior adjustable transparent sun shield with a finished edge and dimensions not less than 6 inches X 30 inches, shall be installed in a position convenient for use by driver.
3.63.2 On all Type A buses, the sun shield (visor) shall be installed by the chassis manufacturer.
3.64 Suspension Systems
3.64.1 The capacity of springs or suspension assemblies shall be commensurate with the chassis manufacturer's GVWR.
3.64.2 Rear leaf springs shall be of a progressive rate or multi stage design. Front leaf springs shall have a stationary eye at one end and shall be protected by a wrapped leaf, in addition to the main leaf.
3.65 Throttle
3.65.1 The force required to operate the throttle shall not exceed 16 pounds throughout the full range of accelerator pedal travel.
3.66 Tires and Rims
3.66.1 Rims and tires of the proper size and load rating commensurate with chassis manufacturer's GVWR shall be provided. All wheel rims shall be the same size to allow for interchangeability. The use of multi piece rims shall not be permitted.
3.66.2 Dual rear tires shall be provided on Type A-2, Type B, Type C, and Type D school buses.
3.66.3 All tires on a vehicle shall be tubeless radials and be of the same size, and the load range of the tires shall meet or exceed the GVWR, as required by FMVSS No. 120, Tire Selection and Rims for Vehicles other than Passenger Car.
3.66.4 If the vehicle is equipped with a spare tire and rim assembly, it shall be the same size as those mounted on the vehicle.
3.66.5 If a tire carrier is required, it shall be suitably mounted in an accessible location outside of the passenger compartment.
3.67 Towing Attachment Points: Front and rear towing devices (i.e., tow hooks, tow eyes, or other towing attachment points) shall be furnished to assist in the retrieval of buses that are stuck and/or for towing buses when a wrecker with a “wheel lift” or an “axle lift” is not available or cannot be applied to the towed vehicle.
3.67.1 Towing devices shall be attached to the chassis frame either by the chassis manufacturer or in accordance with the chassis manufacturer’s specifications.
3.67.2 Each towing device shall have a strength rating of 13,500 pounds each, for a combined rating of 27,000 pounds with the force applied in the rearward direction, parallel to the ground, and parallel to the longitudinal axis of the chassis frame rail. For pulling, angularity applied to the tow hooks will decrease the capacities of the tow hooks.
3.67.3 The towing devices shall be mounted such that they do not project forward of the front bumper or rearward of the rear bumper.
3.67.4 Type A buses are exempt from the requirement for front tow hooks or eyes due to built-in crush zones.
3.68 Traction Assisting Devices
3.68.1 Where required or used, sanders shall:
3.68.1.1 Be of hopper cartridge valve type;
3.68.1.2 Have a metal hopper with all interior surfaces treated to prevent condensation of moisture;
3.68.1.3 Have at least 100 pound (grit) capacity;
3.68.1.4 Have a cover that screws in place on the filler opening of the hopper, thereby sealing the unit airtight;
3.68.1.5 Have discharge tubes extending under the fender wheelhousing to the front of each rear wheel;
3.68.1.6 Have non clogging discharge tubes with slush proof, non freezing rubber nozzles;
3.68.1.7 Be operated by an electric switch with a pilot lamp mounted on the instrument panel located so as to be exclusively controlled by the driver;
3.68.1.8 Be equipped with a gauge to indicate that the hopper has reached the one quarter level (and needs to be refilled); and
3.68.1.9 Be designed to prevent freezing of all activation components and moving parts.
3.69 Transmission
3.69.1 Automatic transmissions shall have no fewer than three forward speeds and one reverse speed. Mechanical shift selectors shall provide a detent between each gear position when the gear selector quadrant and shift selector are not steering column mounted.
3.69.2 Automatic transmissions shall have a transmission shift interlock controlled by the application of the service brake to prohibit accidental engagement of the transmission.
3.70 Trash Container and Holding Device
3.70.1 A trash container may be provided and secured by a holding device that is designed to prevent movement and to allow easy removal and replacement. It shall be installed in an accessible location in the driver’s compartment, not obstructing passenger access to the entrance door.
3.71 Turning Radius
3.71.1 A chassis with a wheelbase of 264 inches or less shall have a right and left turning radius of not more than 42 1/2 feet, curb to curb measurement.
3.71.2 A chassis with a wheelbase of 265 inches or more shall have a right and left turning radius of not more than 44 1/2 feet, curb to curb measurement.
3.72 Undercoating
3.72.1 The entire underside of bus body, including floor sections, cross member and below floor line side panels, shall be coated with rust proofing material for which the material manufacturer has issued to the bus body manufacturer a notarized certification that materials meet or exceed all performance of SAE J 1959, Sept. 2003 Edition of the Standard.
3.72.2 The undercoating material shall be applied with suitable airless or conventional spray equipment to the undercoating material manufacturer recommended film thickness and shall show no evidence of voids in cured film.
3.72.3 The undercoating material shall not cover any exhaust components of the chassis.
3.73 Ventilation (See also subsection 3.3 of this regulation.)
3.73.1 The bus body shall be equipped with a suitably controlled ventilating system with capacity sufficient to maintain the proper quantity of air flow under operating conditions without having to open a window except in extremely warm weather.
3.73.2 Static type, non closeable exhaust ventilation shall be installed in a low pressure area of the roof.
3.73.3 Roof hatches designed to provide ventilation in all types of exterior weather conditions may be provided.
3.74 Wheelhousing
3.74.1 The wheelhousing opening shall allow for easy tire removal and service.
3.74.2 Wheelhousings shall be attached to the floor sheets in a manner to prevent any dust, water or fumes from entering the body. Wheelhousings shall be constructed of 16 gauge steel (or thicker) steel.
3.74.3 The inside height of the wheelhousings above the floor line shall not exceed 12 inches.
3.74.4 The wheelhousings shall provide clearance for installation and use of tire chains on single and dual (if so equipped) power driving wheels.
3.74.5 No part of a raised wheelhousing shall extend into the emergency door opening.
3.75 Windows
3.75.1 Other than emergency exits designated to comply with FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, each side window shall provide an unobstructed opening of at least 9 inches high (but not more than 13 inches high) and at least 22 inches wide, obtained by lowering the window. One side window on each side of the bus may be less than 22 inches wide.
3.75.2 All glass may be equipped with maximum integral tinting allowed by federal or ANSI standards for the respective locations. However, the tinting in the rear windows and door shall not exceed the tinting allowed for the windshield and windows rear of the driver’s compartment, if tinted, shall have approximately 28 percent light transmission.
3.76 Windshield Washers: A windshield washer system shall be provided.
3.77 Windshield Wipers
3.77.1 A variable speed windshield wiping system with an intermittent feature, shall be provided and shall be operated by a single switch.
3.77.2 The wipers shall meet the requirements of FMVSS No. 104, Windshield Wiping and Washing Systems.
**History**
- *20 DE Reg. 365 (11/01/16)*
##### **14 Del. Admin. Code § 1105-4.0** Standards for Specially Equipped School Buses {#sec-1105-4.0 omnilex-key=us-de-regs-official--title-14--1105-4.0}
4.1 General Requirements
4.1.1 Specially equipped school buses shall comply with these standards and with FMVSSs applicable to their GVWR category.
4.1.2 Any school bus to be used for the transportation of children who utilize a wheelchair or other mobile positioning device, or who require life support equipment that prohibits use of the regular service entrance, shall be equipped with a power lift.
4.1.3 Lift buses (48-60 passengers only) shall have flat floors.
4.1.4 Padded barriers shall be installed to protect wheelchair positions where seating does not interface as barrier.
4.1.5 Seats shall have the minimum spacing specified under FMVSS No. 222 School Bus Passenger Seating and Crash Protection per National Highway Traffic Safety Administration (NHTSA) February 1999 Guideline for the Safe Transportation of Pre-school Age Children in School Buses. There shall be at least 27 inches, measured at seat cushion level between the back of the seat back or barrier and the front of the seat back of the next seat to the rear.
4.1.6 All seats shall have lap shoulder seat belts installed with LATCH (Lower Anchors and Tethers for Children). The 45 inch seats shall have 3 lap shoulder seat belts and 2 sets of LATCH; 39 inch seats shall have 2 lap shoulder seat belts and 2 sets of LATCH; and 30 and 36 inch seats shall have 2 lap shoulder seat belts and 1 set of LATCH.
4.1.7 Buses shall not be equipped with vehicle ramps.
4.2 Aisles
4.2.1 All school buses equipped with a power lift shall provide a minimum 30 inch aisle leading from any wheelchair position to at least one 30 inches wide emergency exit door. A wheelchair securement position shall never be located directly in front of (blocking) a power lift door location.
4.3 Glazing
4.3.1 Tinted glazing may be installed in all doors, windows and windshields (see “Windows”, section 1 and “Special Service Entrance Door”, this section).
4.4 Handrails
4.4.1 Two handrails (at the front and rear of the stepwell) shall be provided to assist passengers during entry or exit, and shall be designed to prevent entanglement, as evidenced by the passage of the NHTSA string and nut test.
4.5 Identification
4.5.1 Specially equipped school buses shall display the International Symbol of Accessibility below the window line. Such emblems shall be white on blue or black background, shall not exceed 12 inches square in size and shall be of a high intensity retroreflective material meeting the requirements of Federal Highway Administration (FHWA) FP-85, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.
4.6 Passenger Capacity Rating
4.6.1 In determining the passenger capacity of a school bus for purposes other than actual passenger load (e.g., vehicle classification or various billing/reimbursement models), any location in a school bus intended for securement of a wheelchair during vehicle operations shall be regarded as four designated seating positions, and each lift area shall count as four designated seating positions.
4.7 Power Lifts
4.7.1 The power lift shall be located on the right side of the bus body.
4.7.2 Vehicle lift and installation
4.7.2.1 In general vehicle lifts and installations shall comply with the requirements set forth in FMVSS No. 403, Platform Lift Systems for Motor Vehicles, and FMVSS No. 404, Platform Lift Installations in Motor Vehicles. For lifts located at the rear of the bus, the power unit for the lift shall be located forward of the lift with controls secured to the interior of the lift door. For lifts located at the forward of the bus, the power unit for the lift shall be located rearward of the lift with controls secured to the interior of the lift door.
4.7.2.2 The design load of the lift shall be at least 800 pounds. Working parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon which the lift depends for support of the load, shall have a safety factor of at least six, based on the ultimate strength of the material. Non working parts, such as platform, frame, and attachment hardware that would not be expected to wear, shall have a safety factor of at least three, based on the ultimate strength of the material.
4.7.2.3 Lift capacity
4.7.2.3.1 The lifting mechanism and platform shall be capable of operating effectively with a wheelchair and occupant mass of at least 800 pounds.
4.7.2.4 Controls: (See 49 CFR 571.403, S6.7, Control systems.)
4.7.2.5 Emergency operations: (See 49 CFR 571.403, S6.9, Backup operation.)
4.7.2.6 Power or equipment failures: (See 49 CFR 571.403, S6.2.2, Maximum platform velocity.)
4.7.2.7 Platform barriers: (See 49 CFR 571.403, S6.4.7, Wheelchair retention.)
4.7.2.8 Platform surface: (See 49 CFR 571.403, S6.4.2, S6.4.3, Platform requirements) (See also “Wheelchair or Mobility Aid Envelope” figure in the current NSTSP, Specially Equipped School Bus Specifications.)
4.7.2.8.1 The platform shall have a minimum clear width of 32 inches measured from two inches above the platform surface to 30 inches above the surface of the platform, and a minimum clear length of 48 inches measured from two inches above the surface of the platform to 30 inches above the surface of the platform.
4.7.2.9 Platform gaps and entrance ramps: (See 49 CFR 571.403, S6.4.4, Gaps, transitions and openings.)
4.7.2.10 Platform deflection: (See 49 CFR 571.403, S6.4.5, Platform deflection.)
4.7.2.11 Platform movement: (See 49 CFR 571.403, S6.2.3, Maximum platform acceleration.)
4.7.2.12 Boarding direction
4.7.2.12.1 The lift shall permit both inboard and outboard facing of wheelchair and mobility aid users.
4.7.2.13 Handrails: (See 49 CFR 571.403, S6.4.9, Handrails)
4.7.2.14 Circuit breaker
4.7.2.14.1 A resettable circuit breaker shall be installed between the power source and lift motor if electrical power is used. It shall be located as close to the power source as possible, but not within the passenger/driver compartment.
4.7.2.15 Excessive pressure: (See 49 CFR 571.403.S6.8, Jacking prevention.)
4.7.2.16 The following information shall be provided with each vehicle equipped with a lift:
4.7.2.16.1 A phone number where information can be obtained about installation, repair, and parts. (Detailed written instructions and a parts list shall be available upon request from the vendor.)
4.7.2.16.2 Detailed instructions regarding use of the lift and readily visible when the lift door is open, including a diagram showing the proper placement and positioning of wheelchair mobility aids on the lift.
4.7.2.17 Training materials
4.7.2.17.1 The lift manufacturer shall make training materials available to ensure the proper use and maintenance of the lift. These may include instructional videos, classroom curriculum, system test results or other related materials.
4.7.2.18 Identification and certification
4.7.2.18.1 Each lift shall be permanently and legibly marked or shall incorporate a non removable label or tag that states it conforms to all applicable requirements of the current NSTSP. In addition and upon request of the original titled purchaser, the lift manufacturer or an authorized representative shall provide a notarized Certificate of Conformance, either original or photocopied, which states that the lift system meets all the applicable requirements of the current NSTSP.
4.8 Regular Service Entrance
4.8.1 On power lift equipped vehicles, steps shall be the full width of the step well, excluding the thickness of doors in the open position.
4.9 Restraining Devices
4.9.1 On power lift equipped vehicles with a GVWR of 10,000 pounds or more, seat frames may be equipped with attachment points to which belt assemblies can be attached for use with Child Safety Restraint Systems (CSRSs) that comply with FMVSS No. 213, Child Restraint Systems. Any belt assembly anchorage shall comply with FMVSS No. 210, Seat Belt Assembly Anchorages.
4.9.2 Alternatively, a child restraint anchorage system that complies with FMVSS No. 225, Child Restraint Anchorage Systems, may be installed.
4.9.3 Seat belt assemblies, if installed, shall conform to FMVSS No. 209, Seat Belt Assemblies.
4.9.4 Child safety restraint systems, which are used to facilitate the transportation of children who in other modes of transportation would be required to use a child, infant, or booster seat, shall conform to FMVSS No. 213.
4.10 Seating Arrangements
4.10.1 Flexibility in seat spacing to accommodate special devices shall be permitted to meet passenger requirements. All seating (forward facing) shall meet the requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection.
4.11 Securement and Restraint System for Wheelchair or Mobility Aid and Occupants
4.11.1 For purposes of understanding the various aspects and components of this section, the term securement and tie down and the phrases securement system or tie down system are used exclusively in reference to the devices that anchor the wheelchair to the vehicle. The term restraint and the phrase restraint system are used exclusively in reference to the equipment that is intended to limit the movement of the wheelchair occupant in a crash or sudden maneuver. The term wheelchair tiedown and occupant restraint system (WTORS) is used to refer to the total system that secures the wheelchair and restrains the wheelchair occupant.
4.11.2 WTORS general requirements
4.11.2.1 A wheelchair tie down and occupant restraint system installed in a specially equipped school bus shall be designed, installed and operated for use with forward facing wheel chair seated passengers and shall comply with all applicable requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, and SAE J2249, Wheelchair Tie down and Occupant Restraint Systems for Use in Motor Vehicles.
4.11.2.2 WTORS, including the anchorage track, floor plates, pockets or other anchorages, shall be provided by the same manufacturer, or shall be certified to be compatible by manufacturers of all equipment systems used.
4.11.2.3 Wheelchair securement positions shall be located such that wheelchairs and their occupants do not block access to the lift door.
4.11.2.4 A device for storage of the WTORS shall be provided. When the system is not in use, the storage device shall allow for clean storage of the system, shall keep the system securely contained within the passenger compartment, shall provide reasonable protection from vandalism and shall enable the system to be readily accessed for use.
4.11.2.5 The WTORS, including the storage device, shall meet the flammability standards established in FMVSS No. 302, Flammability of Interior Materials.
4.11.2.6 The following information shall be provided with each vehicle equipped with a securement and restraint system:
4.11.2.6.1 A phone number where information can be obtained about installation, repair and parts. (Detailed written instructions and a parts list shall be available upon request from the vendor.)
4.11.2.6.2 Detailed instructions regarding use, including a diagram showing the proper placement of the wheelchair mobility aids and positioning of securement devices and occupant restraints, including correct belt angles.
4.11.2.7 The WTORS manufacturer shall make training materials available to ensure the proper use and maintenance of the WTORS. These may include instructional videos, classroom curriculum, system test results or other related materials.
4.11.3 Wheelchair Securement Tiedown: (See 49 CFR 571.403.S5.4.1 - S5.4.2.)
4.11.3.1 Each wheelchair position in a specially equipped school bus shall have a minimum clear floor area of 30 inches laterally by 52 inches longitudinally. Additional floor area may be required for some wheelchairs. Consultation between the user and the manufacturer is recommended to ensure that adequate area is provided.
4.11.4 Occupant Restraint System (See 49 CFR 571.403.S5.4.3 - S5.4.4.) If the upper torso belt anchorage is higher than 44 inches measured from the vehicle floor, an adjustment device, as part of the occupant restraint system, shall be supplied.
4.12 Special Light: Doorways in which lifts are installed shall be equipped with a special light that provides a minimum of 2 foot candles of illumination measured on the floor of the bus immediately adjacent to the lift and on the lift during lift operation.
4.13 Special Service Entrance
4.13.1 Power lift equipped bodies shall have a special service entrance to accommodate the power lift. Exception: A special service entrance shall not be required if the lift is designed to operate within the regular service entrance, is capable of stowing such that the regular service entrance is not blocked in any way and a person entering or exiting the bus is not impeded in any way.
4.13.2 The special service entrance and door shall be located on the right side of the bus and shall be designed so as not to obstruct the regular service entrance.
4.13.3 The opening may extend below the floor through the bottom of the body skirt. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings.
4.13.4 A drip molding shall be installed above the special service entrance to effectively divert water from the entrance.
4.13.5 Door posts and headers at the special service entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for special service entrance.
4.14 Special Service Entrance Door
4.14.1 A single door shall be used for the special service entrance. They shall have rub rails.
4.14.2 There shall be a 57" door height opening.
4.14.3 The door shall be hinged to the forward side of the entrance unless this would obstruct the regular service entrance. If the door is hinged to the rearward side of the doorway, the door shall utilize a safety mechanism which will prevent the door from swinging open should the primary door latch fail.
4.14.4 The door shall have positive fastening devices to hold the doors in the “open” position when the special service entrance is in use.
4.14.5 The door shall be weather sealed.
4.14.6 Door materials, panels and structural components shall have strength equivalent to the conventional service and emergency doors. Color, rub rail extensions, lettering and other exterior features shall match adjacent sections of the body.
4.14.7 The door shall have windows set in a waterproof manner that are visually similar in size and location to adjacent non door windows. Glazing shall be of same type and tinting as standard fixed glass in the side windows.
4.14.8 The door shall be equipped with a device that will actuate an audible or visible signal located in the driver's compartment when the door is not securely closed and the ignition is in "on" position.
4.14.9 A switch shall be installed so that the lift mechanism will not operate when the lift platform door is closed.
4.14.10 The special service entrance door shall be equipped with padding at the top edge of the door opening. The padding shall be at least 3 inches wide and 1 inch thick and shall extend the full width of the door opening.
**History**
- *20 DE Reg. 365 (11/01/16)*
### **1150** School Transportation
##### **14 Del. Admin. Code § 1150-1.0** Purpose {#sec-1150-1.0 omnilex-key=us-de-regs-official--title-14--1150-1.0}
This regulation is in accordance with 14 Del.C. Ch. 29 to regulate transportation to elementary and secondary (high) schools in Delaware, including, but not limited to, nonpublic, nonprofit elementary and secondary (high) schools.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-2.0** Definitions {#sec-1150-2.0 omnilex-key=us-de-regs-official--title-14--1150-2.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"504 Plan" means a plan developed pursuant to requirements in Section 504 of the Rehabilitation Act of 1973 to ensure that pupils with disabilities may receive accommodations and modifications as well as supplementary aids and services to ensure that their individual educational needs are met as defined in 14 DE Admin. Code 922.
"Administrative Head of School" means the chief or head individual in charge of the school.
"Aide" or “School Bus Aide” means a person assigned to assist one (1) or more pupils with special needs on a school bus; also known as “attendant”.
“Blue Card” means a card issued to an Aide upon the successful completion of the individual’s annual physical which verifies the individual is in compliance with subsection 8.1.5 of this regulation.
“Bus Driver” or “School Bus Driver” means an individual who has met all the federal and state requirements to operate a school bus for the purposes of transporting students to home, school and other school-related activities.
"Certified Delaware School Bus Driver Trainer" or “CDSBD Trainer” means a person contracted and certified by DDOE who is federally licensed and certified to instruct the federal Entry Level Driver Training (ELDT) Behind-the-Wheel instruction.
"Certified Delaware School Bus Driver Training" or “CDSBD Training” means a course of instruction as specified herein in which a School Bus Driver or applicant under the supervision of a CDSBD Trainer completes the federally required Entry Level Driver Training (ELDT) Behind-the-Wheel instruction and drives a school bus with pupils for a minimum of two (2) hours (after obtaining a Commercial Driver’s License with a school bus “S” endorsement).
“Charter School” means a charter school that chooses to transport students itself as provided in 14 Del.C. §508(e).
“Commercial Driver’s License Drug and Alcohol Clearinghouse” or “Clearinghouse” means an electronic database containing records of violations of drug and alcohol prohibitions in Subpart B of Part 382 of the Federal Motor Carrier Safety Regulation, Motorcoach Bus Version, such as positive drug or alcohol test results, refusals, and other drug and alcohol violations for drivers required to have a commercial driver’s license (CDL). When a driver completes the return-to-duty process, this information will also be recorded in the Clearinghouse.
"Commercial Driver’s License” or “CDL” means a license issued by the Division of Motor Vehicles in accordance with the requirements of 21 Del.C. Chapter 26, which authorizes an individual to drive a certain class of commercial motor vehicle.
"Contractor" means an individual or entity that enters into a contract with a District to provide school transportation services.
“DDMV” means the Delaware Department of Motor Vehicles.
“DDOE” means the Delaware Department of Education.
"DelDOT" means the Delaware Department of Transportation.
"District" or "Local School District" means a reorganized school district as defined in Chapter 10 of Title 14 of the Delaware Code and vocational technical school districts.
“Entry Level Driver Training” or “ELDT” means a course of training developed by FMSCA for all new commercial drivers with a compliance date of February 7, 2020.
“Federal Motor Carrier Safety Administration” or “FMCSA” means an agency in the United States Department of Transportation that regulates commercial vehicles.
“Green Card” means a card issued to a Bus Driver upon the successful completion of the individual’s physical which verifies the individual is in compliance with subsection 7.2.1.5 of this regulation.
"Guardian” or “Legal Guardian" means an individual who legally has responsibility for the care and management of the student during the student's minority. The relationship is a legal one and shall be created by a court order signed by a judge, commissioner, or master of a court of competent jurisdiction.
"Individualized Education Program" or "IEP" means a written statement or plan developed by an assessment team for a child with a disability as defined in 14 DE Admin. Code 922.
"Principal" or "Headmaster" means the Administrative Head of School and includes but is not limited to Head of School, Administrator, Executive Director, or Charter Head.
"Pupil" means any child who attends a school; also known as student.
“Purple Card” means a card issued to a Bus Driver or Aide upon the completion of the annual four (4) hour District-provided training that is completed during each fiscal year which makes the individual eligible to perform their safety sensitive duties during the next school year.
"Relative Caregiver" means the same as used in 14 Del.C. §202.
"School" means public or nonpublic primary or secondary educational program, excluding homeschool.
“School Bus Driver Refresher Training” means an in-person classroom training or online instruction program to retrain returning Bus Drivers, out-of-state and School Bus Drivers moving into Delaware who still maintain an eligible “S and P” endorsement on their license.
"School Plant" means all buildings and facilities located in the area of a school that are used by students or used to directly support the school.
"State Bureau of Identification" or "SBI" means the Delaware State Police office which processes background investigations.
"Superintendent" means the administrative head of the school district.
“Theory” means a course or courses of instruction or training that meets the Federal Motor Carrier Safety Administration (FMSCA) ELDT requirements and includes instruction for School Bus Aides.
“Transportation Record System” or “TRS” means a DDOE held database system developed to create and maintain all Bus Driver and Aide required credentialing documents.
"Transportation Supervisor" means the person within the school district or charter school who is designated by the school district Superintendent or charter school head of school to oversee school transportation operations.
“Unique Hazard” means conditions or situations that expose a pedestrian to rare or uncommon traffic dangers. This definition is not intended to include hazards representative of situations which may exist throughout the state.
“Yellow Card” means a card issued to a Bus Driver who has completed the Theory instruction, the federally required Behind-the-Wheel instruction and all other School Bus Driver requirements as listed in this regulation.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-3.0** Responsibilities of Districts and Charter Schools {#sec-1150-3.0 omnilex-key=us-de-regs-official--title-14--1150-3.0}
3.1 Local School Districts’ and Charter Schools’ responsibilities concerning the transportation of Pupils shall include but are not limited to the following:
3.1.1 Implement the requirements of this regulation.
3.1.2 Define and coordinate changes to school transportation operations impacting budget allocations with the DDOE.
3.1.3 Provide resource material and encourage teachers to include instruction in school bus passenger safety in the school curriculum.
3.1.4 Provide for close and continuous supervision of the unloading and loading zones on or near the school plant grounds, and during all emergency drills.
3.1.5 Provide supervision for those Pupils whose bus schedules require them to arrive at school before classes begin and remain after classes terminate.
3.1.6 Promote public understanding of and support for the District‘s or Charter School’s transportation program.
3.1.7 Assume primary responsibility for Pupil conduct and ensure that requirements for Pupil behavior on the school bus and disciplinary consequences for failure to comply with those requirements are included in disciplinary policies.
3.1.8 Promote well trained and informed drivers and Aides by sharing information regarding law, regulation, or operational changes. Such program may be limited to written updates and notices.
3.1.9 Send a representative to attend state school Transportation Supervisor meetings and professional development programs.
3.1.10 Submit DDOE-required transportation reports in a timely manner.
3.1.11 Inform Contractors, School Bus Drivers and Aides of District policies.
3.1.12 Monitor and ensure compliance with all District transportation contracts.
3.1.13 Maintain the following documents in the Transportation Record System (TRS): Child Protection Registry Results, Pre-Employment Drug Test Verification, Aide Human Resource Clearance letter, copy of Driver’s License with “S” Endorsement, DDMV “S” eligible clearance letter, Blue Card, Green Card, annual physical, Tuberculosis (otherwise known as TB) test results, Total Accident Summary, Behind-the-Wheel Training Certificate, CDL Learners Permit, Purple Card, and Behind-the-Wheel Student certificate.
3.1.14 Ensure that all drivers and Aides within their District or Charter School have successfully completed the required criminal background checks and met all the qualifications requirements contained within this regulation.
3.1.15 Provide evacuation instruction to all school bus riders and conduct two (2) evacuation drills for them, one (1) prior to October 31 and another before May 31 each year.
3.1.16 Ensure that prior to each departure, each Pupil transported on an activity or field trip in a school bus be instructed in safe riding practices and on the location and operation of emergency exits.
3.1.17 Complete reports of investigations of school bus accidents. Notify DDOE School Transportation of all school bus accidents or incidents.
3.1.18 Develop requirements and guidance for use of other vehicles the District uses for student transportation that are not governed by 14 Del.C. §2911.
3.1.19 Register with the Commercial Driver’s License Drug and Alcohol Clearinghouse and comply with all FMCSA regulations as it pertains to the Clearinghouse regulations (if the District employs its own drivers).
3.1.20 Report to DDMV’s Medical Division any School Bus Driver who has a medical condition that could interfere with School Bus Driver’s ability to operate a commercial motor vehicle. The District or Charter School shall provide the individual’s name, driver’s license number, and the reason why the individual appears to be unsafe to operate a commercial motor vehicle.
3.1.21 Provide a four (4) hour in-service training program that focuses on Delaware school bus regulations, safe operation procedures, behavioral management and emergency training. Bus Drivers and Aides who take the Theory or Refresher Training are eligible to perform their safety sensitive duties in the next school year (July 1 to June 30).
3.1.21.1 By October 15 of each year the District or Charter School shall provide an estimated number of Bus Drivers and Aides to be trained per DDOE procedures.
3.1.21.2 The District or Charter School must send completed sign in sheets before processing of payments to vendors.
3.1.21.3 The District or Charter School shall be required to reimburse Bus Driver and Aides using allocated transportation funds.
3.1.21.4 The District or Charter School shall issue Purple Cards to the Bus Drivers and Aides who complete the four (4) hour District training.
3.1.21.5 The District or Charter School is responsible for providing make up sessions as necessary so that all Bus Drivers and Aides are eligible to perform their duties. The four (4) hour District or Charter School training sessions must be done in accordance with subsection 3.1.21 of this regulation.
3.1.22 Districts and Charter Schools must verify all drivers’ credentials are current before allowing individuals to perform their duties.
3.1.23 Districts and Charter Schools shall ensure that training has been provided to Bus Drivers and Aides who perform duties on buses that transport wheelchairs and students using safety seats. These trainings should include proper securement of wheelchairs, proper installation fitting of safety seats and the use of safety equipment.
3.1.24 Districts and Charter Schools shall create the bus routes and stops for each contracted bus having in mind the safety of Pupils at all times.
3.1.24.1 The following requirements should be taken into consideration when creating bus stops:
3.1.24.1.1 Bus stops shall not be within 100 feet of a railroad crossing or a similar hazard.
3.1.24.1.2 Bus stops should not be within 100 feet of an intersection and shall not be within an intersection.
3.1.24.1.3 Bus stops in a curve should be visible from both directions. If the bus cannot be seen 500 feet (up to 35 mph) or 1000 feet (over 35 mph), relocate the stop if possible or request a School Bus Stop Ahead sign.
3.1.24.1.4 Bus stops shall not require Pupils to cross roads that are two (2) lanes with a center-turn lane or roads with four (4) or more lanes.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-4.0** Conditions for School Bus Contractors {#sec-1150-4.0 omnilex-key=us-de-regs-official--title-14--1150-4.0}
4.1 School Bus Contractors shall:
4.1.1 Follow all applicable federal, state, and local school bus laws, regulations and policies.
4.1.2 Communicate effectively with the Transportation Supervisor.
4.1.3 Dismiss a School Bus Driver or Aide from performing duties on a contracted school bus route when it can be shown that the driver or Aide is not satisfactorily performing driver or Aide tasks. Transportation Supervisors may restrict a driver or Aide from operating in their school system.
4.1.4 Pay drivers and Aides and provide substitute drivers and Aides.
4.1.5 Supervise all employees to ensure they are in compliance with all school and transportation laws, regulations, and contractual obligations.
4.1.6 Ensure that all employees have completed the necessary SBI fingerprinting and qualify under the laws and regulations for their respective positions as either a School Bus Driver or Aide, which is coordinated through DDMV. The individual must provide the District with the “S” eligible clearance letter.
4.1.7 Report to DDMV’s Medical Division any School Bus Driver who has a medical condition that could interfere with his or her ability to operate a commercial motor vehicle. The School Bus Contractor shall provide the individual’s name, driver’s license number, and the reason why the individual appears to be unsafe to operate a commercial motor vehicle.
4.1.8 Ensure that all Bus Drivers and Aides’ qualifications are current before allowing them to perform duties.
4.1.9 Provide Districts with a list of Bus Drivers and Aides’ bus assignments before the beginning of each school year and provide Districts with changes throughout the school year.
4.1.10 Register with the Commercial Driver’s License Drug and Alcohol Clearinghouse and shall comply with all FMCSA regulations as it pertains to the Clearinghouse.
4.1.11 Follow all bus routes and stops set forth by the Districts, keeping in mind that routes can be altered by the District during the school year and on an annual basis due to enrollment increases, decreases, bell schedules and routing efficiencies.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-5.0** School Bus Training Courses {#sec-1150-5.0 omnilex-key=us-de-regs-official--title-14--1150-5.0}
5.1 Driver Training Course
5.1.1 Pursuant to 21 Del.C. §2708(b)(3), the DDOE develops and provides a Driver Training Course for applicants to gain the necessary knowledge and skills for a School Bus Driver.
5.1.2 The Driver Training Course shall meet the ELDT requirements under FMSCA for School Bus Drivers.
5.1.2.1 The Driver Training Course and the Theory course shall include instruction and a test covering at a minimum the following topics:
5.1.2.1.1 Motor Vehicle Laws;
5.1.2.1.2 DDOE Regulations;
5.1.2.1.3 School Bus Driver Responsibilities; and
5.1.2.1.4 School Bus Operating Procedures, such as:
5.1.2.1.4.1 Loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights and other warning and passenger safety devices required for school buses by state or Federal law or regulation;
5.1.2.1.4.2 Emergency exits and procedures for safely evacuating passengers in an emergency;
5.1.2.1.4.3 State and Federal laws and regulations related to safely traversing highway rail grade crossings;
5.1.2.1.4.4 Vehicle Control;
5.1.2.1.5 School Bus Aide Responsibilities;
5.1.2.1.6 Defensive Driving and Accidents;
5.1.2.1.7 School Bus Emergencies;
5.1.2.1.8 First Aid;
5.1.2.1.9 Child Behavior and Pupil Management;
5.1.2.1.10 Transporting Exceptional Children.
5.2 CDSBD Trainer Instructor Course
5.2.1 The DDOE shall develop and provide a Certified Delaware School Bus Driver Trainer Instructor (CDSBD) Course for applicants to gain the necessary knowledge and skills and establish competence to be a CDSBD Trainer to instruct the CDSBD Training. The course areas covered shall include, at a minimum, techniques for instruction and those topics covered in the Driver Training Course.
5.2.1.1 All CDSBD Trainers who complete the CDSBD Trainer Instructor Course will receive a stipend based upon available funding.
5.2.2 All CDSBD Trainers will be paid a stipend based on available funding for providing the federally-approved ELDT Behind-the-Wheel instruction to School Bus Driver applicants.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-6.0** Qualifications and Responsibilities of CDSBD Trainers {#sec-1150-6.0 omnilex-key=us-de-regs-official--title-14--1150-6.0}
6.1 The DDOE shall have the authority pursuant to this regulation to oversee the CDSBD Trainer program, certify the CDSBD Trainers, and determine additional requirements, if needed.
6.2 General Prerequisites
6.2.1 CDSBD Trainers shall be leaders who display and demonstrate good school bus driving techniques.
6.2.2 CDSBD Trainers shall display the ability to maintain good Pupil conduct on their bus.
6.2.3 CDSBD Trainers shall maintain a good working rapport with fellow drivers, school staff, parents and students.
6.3 Initial Requirements/Qualifications
6.3.1 CDSBD Trainers shall have a current and valid CDL with "S" endorsement. CDSBD trainers shall have held such license for the past three (3) years and shall have actively driven a school bus during this period.
6.3.2 CDSBD Trainers shall not have more than three (3) points on their driving record at the time of application.
6.3.3 CDSBD Trainers shall have had experience operating at least a sixty-six (66) passenger school bus.
6.3.4 Prior to obtaining certification or recertification, a CDSBD Trainer shall be recommended for certification by the employer and Transportation Supervisor as follows:
6.3.4.1 Public School
6.3.4.1.1 Contractor employee - recommended by the Contractor and Transportation Supervisor that has the candidate's records.
6.3.4.1.2 Owner/Operator - recommended by Transportation Supervisor having the candidate's driving records.
6.3.4.1.3 District employed driver - recommended by the Transportation Supervisor.
6.3.4.2 Nonpublic School, excluding homeschools
6.3.4.2.1 Contractor employee - recommended by the Contractor and nonpublic school administrator.
6.3.4.2.2 School employee - recommended by the nonpublic school administrator.
6.3.5 CDSBD Trainers shall satisfactorily complete a course of instruction provided by the DDOE.
6.4 Duties and Responsibilities:
6.4.1 CDSBD Trainers shall follow all regulations that pertain to school transportation including but not limited to properly driving a school bus and properly loading and unloading students.
6.4.2 CDSBD Trainers shall be available at scheduled times to work with driver applicants.
6.4.3 CDSBD Trainers shall assume the responsibility for covering the material required in CDSBD Training.
6.4.4 CDSBD Trainers shall exercise good judgment and patience with the driver applicants.
6.4.5 CDSBD Trainers shall be fair and reasonable in judging a person's ability to develop into a safe School Bus Driver.
6.4.6 CDSBD Trainers shall work with the driver applicants to ensure that the training evaluation forms are completed properly by the trainer and applicant prior to submittal to the Transportation Supervisor.
6.4.7 CDSBD Trainers shall certify to the FMSCA and the Transportation Supervisor that the applicant has shown proficiency as required by ELDT regulations and met the requirements that have been established to comply with the CDSBD Training.
6.4.8 CDSBD Trainers shall submit the ELDT Certification form to the Training Provider Registry website when implemented by midnight of the second business day after driver-trainee completes the training.
6.4.9 CDSBD Trainers shall agree to assist Transportation Supervisor in reevaluation of drivers.
6.4.10 CDSBD Trainers shall inform Transportation Supervisor of any observed changes in traffic patterns of routing locations that may pose a safety hazard.
6.4.11 CDSBD Trainers shall attend and successfully complete any additional training required by DDOE.
6.4.12 Failure to comply with any of the duties and responsibilities above may result in a CDSBD Trainer not being certified or recertified.
6.5 Annual Recertification
6.5.1 All CDSBD Trainers shall attend an annual recertification class (minimum 4 hours) to maintain their qualifications to train driver applicants.
6.5.1.1 All CDSBD Trainers who attend and successfully complete the annual recertification training shall be paid a stipend based upon available funding.
6.5.2 At the time of submittal of applications for recertification, the CDSBD Trainer shall not have had a chargeable school bus accident in the past year and have no more than three (3) points on their driving record.
6.5.3 A CDSBD Trainer, who was not able to recertify for the current year, may apply and be reinstated upon DDOE approval and attending the annual recertification class for the upcoming year effective July 1 of that year.
6.5.3.1 If a CDSBD Trainer does not recertify within two (2) years, the individual would need to re-apply to become a CDSBD Trainer.
6.6 Denial of CDSBD Trainer Certificate
6.6.1 The DDOE may refuse to issue the CDSBD Trainer certificate if the applicant does not meet the requirements of this regulation or would otherwise be unable to complete the duties required.
6.7 Revocation
6.7.1 The DDOE may revoke a CDSBD Trainer certificate under the following circumstances:
6.7.1.1 The CDSBD Trainer fails to meet any requirements of this regulation or the DDMV regulations regarding "S" endorsements or school transportation;
6.7.1.2 The CDSBD Trainer has violated any of the regulations regarding student transportation;
6.7.1.3 The CDSBD Trainer fails to deliver the training as specified by DDOE and the FMSCA ELDT requirements;
6.7.1.4 The CDSBD Trainer fails to maintain a valid license and "S" endorsement;
6.7.1.5 The CDSBD Trainer is terminated from employment from the District or Contractor for cause or had their contract terminated for cause;
6.7.1.6 Any other action by the CDSBD Trainer that would not be in the best interest of student transportation.
6.8 Right to Hearing
6.8.1 If the application is denied or the CDSBD Trainer certificate is revoked, the individual shall have the right of appeal to the Secretary.
6.8.2 The DDOE shall give written notice to the applicant of the denial or revocation and the reasons therefore. The notice of denial or revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary or designee within twenty (20) calendar days.
6.8.3 Hearings shall be conducted in accordance with the DDOE’s Hearing Procedures and Rules. The burden of proof shall be upon the applicant in a denial hearing and upon the DDOE in a revocation proceeding using the preponderance of evidence standard.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-7.0** Qualifications and Responsibilities of School Bus Drivers {#sec-1150-7.0 omnilex-key=us-de-regs-official--title-14--1150-7.0}
7.1 School Bus Drivers shall meet the qualification requirements of all applicable laws including 49 CFR 383.123, Title 21 of the Delaware Code, Division of Motor Vehicles Regulations including 2 DE Admin. Code 2222, and this regulation.
7.2 Initial qualification.
7.2.1 An applicant shall satisfactorily complete the school bus Theory training. The school bus Theory training shall remain valid toward initial qualification for a period of one (1) year. Additional requirements shall include:
7.2.1.1 Pre-employment drug test and registration with the Commercial Drug and Alcohol Clearinghouse;
7.2.1.2 Child protective registry check;
7.2.1.3 Criminal background affidavit;
7.2.1.4 SBI fingerprinting for state and Federal Bureau of Investigation criminal background checks, which is coordinated through DDMV. The individual must provide the District with the “S” eligible clearance letter.
7.2.1.5 Delaware School Bus Driver physical with TB screening; and
7.2.1.6 CDSBD Training. Effective July 8, 2015, a School Bus Driver with a Commercial Learner's Permit (CLP) is prohibited from operating a school bus with passengers other than as permitted by 49 CFR 383.25.
7.3 Out-of-state licensed School Bus Drivers shall meet the same requirements for qualification for an "S" endorsement as a driver with a Delaware license listed in 21 Del.C. §2708(b)(7) regarding criminal convictions and complete and provide to the Transportation Supervisor:
7.3.1 Pre-employment drug test;
7.3.2 Child protective registry check;
7.3.3 Criminal background affidavit;
7.3.4 SBI fingerprinting for state and Federal Bureau of Investigation criminal background checks, which must be reviewed and cleared by the District Human Resources Office. The District Human Resources Office must complete the DDOE eligibility release form.
7.3.5 Delaware School Bus Driver physical with TB screening;
7.3.6 School Bus Driver Refresher Training;
7.3.7 CDSBD Training. Effective July 8, 2015, a School Bus Driver with a Commercial Learner's Permit (CLP) is prohibited from operating a school bus with passengers other than as permitted by 49 CFR 383.25; and
7.3.8 Past five (5) years certified driving record from the state where licensed and provide annual updates.
7.4 Reinstatement of School Bus Drivers
7.4.1 Drivers with an "S" endorsement who have not actively driven for two (2) or more years shall complete the following requirements:
7.4.1.1 Pre-employment drug test (see subsection 25.5 below);
7.4.1.2 Child protective registry check;
7.4.1.3 Criminal background affidavit;
7.4.1.4 SBI fingerprinting for state and Federal Bureau of Investigation criminal background checks, which is coordinated through DDMV. The driver must provide the District with the “S” eligibility clearance letter.
7.4.1.5 Delaware School Bus Driver physical with TB screening (if needed);
7.4.1.6 School Bus Driver Refresher Training; and
7.4.1.7 CDSBD Training.
7.4.2 Drivers with an "S" endorsement who have not actively driven for a period more than one (1) and less than two (2) years shall complete the following requirements:
7.4.2.1 The Transportation Supervisor shall review the driver's records and a CDSBD Trainer shall evaluate the driver for two (2) hours without Pupils on board (using the CDSBD Training checklist) to determine what, if any, additional training is needed. The Transportation Supervisor shall note completion of the training required in the driver's records;
7.4.2.2 Pre-employment drug test; and
7.4.2.3 Delaware School Bus Driver physical with TB screening (if needed).
7.4.3 Drivers requesting reinstatement of their "S" endorsement following mandatory suspension or revocation of over one (1) year shall complete the following requirements:
7.4.3.1 Pre-employment drug test;
7.4.3.2 Child protective registry check;
7.4.3.3 Criminal background affidavit;
7.4.3.4 SBI fingerprinting for state and Federal Bureau of Investigation criminal background checks, which is coordinated through DDMV. The individual must provide the District or Charter School with the “S” eligible clearance letter.
7.4.3.5 Delaware School Bus Driver physical with TB screening (if needed); if under five (5) years complete TB Questionnaire, and if over five (5) years complete TB screening.
7.4.3.6 School Bus Driver Refresher Training;
7.4.3.7 CDSBD Training;
7.4.3.8 Successful retake of the required written tests for CDL and "S" endorsement with DDMV;
7.4.3.9 Successful retake of the Skills test with DDMV; and
7.4.3.10 Successful retake of the Road test with DDMV.
7.5 School Bus Drivers shall complete an annual District- or Charter School-provided in-service training program that focuses on Delaware school bus regulations, safe operation procedures, behavioral management, and emergency situational training of at least four (4) hours during each fiscal year (July 1 to June 30).
7.5.1 All drivers who complete the four (4) hour District or Charter School training between July 1 to June 30 or during a make up session will receive a stipend based upon available funding.
7.6 Districts and schools shall have a policy concerning the responsibilities of School Bus Drivers which, at a minimum, includes the following:
7.6.1 A statement that the School Bus Driver is in full charge of the bus and Pupils, has the authority of a classroom teacher, and is responsible for the health, safety, and welfare of each passenger.
7.6.2 Statements listing at a minimum the following specific responsibilities of the School Bus Driver:
7.6.2.1 Operate the school bus in a safe and efficient manner at all times.
7.6.2.2 Conduct thorough pre-trip and post-trip checks.
7.6.2.2.1 Pre-trip inspection of the vehicle shall be completed and documented to ensure the vehicle is safe, safety equipment is fully operational, and the bus is clean.
7.6.2.2.2 Post-trip inspections shall be completed and documented.
7.6.2.2.2.1 Morning post-trip inspections relating to checking for students left behind shall be completed at each school after unloading students and before returning to the bus parking destination, and should be conducted once again when arriving to bus parking destination.
7.6.2.2.2.2 Afternoon post-trip inspection relating to checking for students left behind should be completed after the last stop of each of route in a safe location, and shall be conducted once again when arriving to bus parking destination.
7.6.2.3 Establish and maintain rapport with passengers.
7.6.2.4 Maintain discipline among passengers.
7.6.2.5 Meet emergency situations effectively.
7.6.2.6 Communicate effectively with District and school staff, parents and students.
7.6.2.7 Maintain effective contact with the public.
7.6.2.8 Complete reports as required by the state or District.
7.6.2.9 Complete required training programs satisfactorily.
7.6.2.10 Refrain from using profanity, indecent language or tobacco, to include vaping products while on duty.
7.6.2.11 Dress appropriately, as defined by District or school policy.
7.6.2.12 Pick up and drop off Pupils only at designated stops.
7.6.2.13 Submit to periodic random drug and alcohol testing and be subject to actions specified in the Delaware Code and in federal requirements.
7.6.2.14 Good faith suspicions or knowledge of child abuse or neglect must be reported to the Division of Family Services (DFS) Report Line. A report must be made immediately by the School Bus Driver with the direct knowledge, or a joint report may be made immediately by the School Bus Driver and the school principal or designee.
7.6.2.15 Immediately notify direct supervisors, including Transportation Supervisors, and school administration of any school bus accident after ensuring the safety of Pupils.
7.6.2.16 Prior to each departure, instruct each Pupil transported on an activity or field trip in a school bus in safe riding practices and on the location and operation of emergency exits.
7.7 Perform other duties as assigned by the Transportation Supervisor or designee.
7.8 Criminal Background Checks
7.8.1 The drivers shall present themselves to SBI for fingerprinting for state and Federal Bureau of Investigation criminal background checks; which is coordinated through DDMV. The individual must provide the District with the “S” eligible clearance letter.
7.8.2 Applicants are required to follow the procedures outlined by DDMV.
7.8.3 The driver shall cooperate in all respects with the criminal background check process.
7.8.4 Upon completion of the procedure, the driver will be sent a clearance letter or denial of clearance letter by DDMV, and the driver shall provide a copy of the letter to the District where the driver is seeking employment or contracted services.
7.8.5 For out-of-state drivers, federal and criminal background checks need to be requested as a State of Delaware public school employee, and the reports need to be sent to the District for determination.
7.9 Shall ensure the School Bus Driver has provided current and valid credentialing documents to the District before performing their safety-sensitive duties.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-8.0** Qualifications and Responsibilities of School Bus Aides {#sec-1150-8.0 omnilex-key=us-de-regs-official--title-14--1150-8.0}
8.1 Qualifications for School Bus Aides include the following and shall apply to all new applicants and for any person whose employment as an Aide has lapsed for a period of over two (2) years. All requirements shall be met before serving as an Aide on a school bus.
8.1.1 Be at least 18 years of age.
8.1.2 Be fingerprinted to allow a criminal background check at both state and federal level and meet the same requirements (pre licensing) specified for School Bus Drivers in the Delaware Code.
8.1.2.1 The Aides shall present themselves to the SBI personnel at one (1) of the locations that processes such criminal background checks, and present themselves as a public school employee.
8.1.2.2 The Aide shall sign a Release for Criminal background Check Information form approved by SBI and request that SBI send the original version of the criminal background check to the District where employment or contracted services is being sought for eligibility determination. Eligibility determination is the responsibility of the District’s Human Resources Office. The District Human Resources Office must complete the DDOE eligibility release form. Upon completion, the Aide will obtain a receipt from SBI to return to the District where employment or contracted services is being sought.
8.1.3 File with the District Transportation Supervisors a notarized affidavit (the same as the School Bus Driver affidavit) attesting to acceptable criminal history pending an official state and federal criminal record report.
8.1.4 Submit to the federal drug and alcohol testing procedures established for School Bus Drivers.
8.1.5 All Aides are required to have a Delaware School Bus Aide physical with a TB screening (if needed). New Aides shall satisfactorily complete the physical before beginning their duties. Districts shall issue a DDOE physical card to Aides establishing valid completion of the DDOE physical and Aides shall carry it with them while on duty.
8.1.6 Complete the school bus Theory training and other District or Charter School-required training programs satisfactorily.
8.2 School Bus Aides shall complete an annual District- or Charter School-provided in-service training program that focuses on Delaware school bus regulation, safe operating procedures, behavioral management, and emergency situation training of at least four (4) hours during each fiscal year (July 1 to June 30).
8.2.1 All Aides who complete the four (4) hour District or Charter School training between July 1 to June 30 will receive a stipend based upon available funding.
8.3 Districts shall have a policy concerning School Bus Aides which, at a minimum, lists the following responsibilities:
8.3.1 Assist in loading and unloading of Pupils, including lift operation.
8.3.2 Ensure that Pupils and equipment are properly secured to ensure safe transport. Adjust, fasten, and release restraint devices for Pupils and equipment, as required. Continually, monitor overall safety of Pupils and equipment.
8.3.3 Ensure that all Pupils remain seated at all times when riding the school bus.
8.3.4 Assist the driver during unusual traffic conditions; act as a lookout when the driver is backing the bus.
8.3.5 Assist the driver in the enforcement of all state and District bus safety regulations.
8.3.6 Perform recordkeeping tasks related to Pupil attendance and bus assignment.
8.3.7 Monitor and report Pupil misbehavior according to established procedure.
8.3.8 Assist the driver in keeping the interior of the bus clean.
8.3.9 Assist the driver with the post-trip inspection to ensure no Pupil is left on board the bus.
8.3.10 Assist Pupils with disabilities as prescribed in the Pupil’s IEP and with personal needs associated with their disabilities.
8.3.11 Assist in bus evacuation drills.
8.3.12 Work cooperatively with all school personnel and parents, Guardians and Relative Caregivers.
8.3.13 Aides should remain in close proximity of the bus and should not cross students farther than the front-drivers cross view mirror or escort students to their houses.
8.3.14 Good faith suspicions or knowledge of child abuse or neglect must be reported to the Division of Family Services (DFS) Report Line. A report must be made immediately by the bus Aide with the direct knowledge, or a joint report may be made immediately by the bus Aide and the school principal or designee.
8.3.15 Perform other duties as assigned by the Transportation Supervisor or designee.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-9.0** Pupil Conduct on School Buses {#sec-1150-9.0 omnilex-key=us-de-regs-official--title-14--1150-9.0}
9.1 Districts and Charter Schools shall have a policy concerning the behavior of Pupils on school buses that shall, at a minimum, contain the following rules which if not followed may result in the suspension or denial of bus riding privileges:
9.1.1 Pupils shall obey the driver promptly, and be courteous to the driver and to fellow Pupils. Pupils are to conduct themselves while on the bus in such a way that they shall not distract the driver from driving tasks.
9.1.2 Be at their bus stop on time or as required by their District or Charter School for pickup.
9.1.3 Wait in a safe manner for the bus on the sidewalk or shoulder, not the roadway.
9.1.4 Keep a safe distance from the bus while it is in motion.
9.1.5 Enter the bus when verbally directed to by the School Bus Driver or Aide without crowding or disturbing others and occupy their seats immediately.
9.1.6 Get on or off the bus only when it is stopped.
9.1.7 Remain seated and facing forward.
9.1.8 No student shall occupy a position in the driver area in front of a barrier or white floor line that may distract the driver's attention or interfere with the driver's vision.
9.1.9 Stay out of the driver’s seat. Also, unnecessary conversation with the driver is prohibited while the bus is in motion.
9.1.10 Follow highway safety practices in accordance with the Motor Vehicle Laws of the State of Delaware by walking on the side of the road facing traffic when going to or from the bus or bus stop along the highway.
9.1.11 Before crossing the road to board the bus cross only upon an audible clearance signal from the School Bus Driver or Aide.
9.1.12 Do not cross the road until it is clear of all traffic or when all traffic has come to a complete stop, and then walk in front of the bus beyond the crossing control arm and far enough to be seen by the driver at all times.
9.1.13 For unloading, walk at least 10 feet away from the side of the bus and remain in view of the driver. For those crossing the road, walk to a position at least 10 feet in front of the right corner of the bumper and away from the bus. After looking in all directions and being told to begin crossing by the driver or Aide, walk to the left edge of the school bus, look for traffic again in all directions, and wait to be told to cross by the School Bus Driver or Aide.
9.1.14 Observe classroom conduct when on the bus.
9.1.15 Do not open the bus windows without permission from the driver, extend any body part out of the windows or call out to passers-by.
9.1.16 Do not leave the bus without the driver’s consent, except on arrival at their regular bus stop or at school.
9.1.17 Keep the bus clean, sanitary, and orderly and do not damage or abuse the equipment.
9.1.18 Do not use tobacco or vaping products, use profanity, eat or drink on the bus.
9.1.19 Do not throw articles of any kind inside, around the bus or out of the bus windows.
9.1.20 Do not wear earbuds or headphones or any other audio devices that would interfere with the external communication or with the hearing of the School Bus Driver when loading and unloading of the bus.
9.1.21 Other forms of misconduct that shall not be tolerated on the bus and at bus stops are acts such as, but not limited to, bullying, indecent exposure, obscene gestures, spitting, and other actions that may be addressed in the District or school code of conduct.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-10.0** Procedures for Operating Buses {#sec-1150-10.0 omnilex-key=us-de-regs-official--title-14--1150-10.0}
10.1 Each District and Charter School shall establish procedures that adopt at a minimum the procedures in this section for the operation of their school buses:
10.2 No person other than a Pupil, teacher, school official, Aide, driver in training or substitute driver shall be permitted to ride on a school bus while transporting Pupils. Exceptions may be made for parents, Guardians and Relative Caregivers involved in DDOE educational programs that provide for transportation and others approved by the Transportation Supervisor.
10.3 The driver shall maintain a schedule in the bus and shall at all times adhere to it. Drivers shall not be required to wait for Pupils unless they can be seen making an effort to reach the bus stop.
10.4 The driver shall maintain discipline on the bus, and shall report cases of disobedience or misconduct to the designated school officials. No Pupils may be discharged from the bus for disciplinary reasons except at the home or school. The principal or designated school official shall be notified of such action immediately. Any change to the action taken by the driver or any further disciplinary action to be taken is the responsibility of the principal or designated school official.
10.5 Pupils shall have definite places to board and exit the bus. Pupils should not be allowed to leave the bus at any place other than the regular stop without written permission from their parents, Guardians or Relative Caregiver and approval by the principal or designated school official. Each District or school may adopt a more restrictive policy.
10.6 Buses shall be brought to a full stop and properly positioned with parking brake applied while keeping foot on service brake and bus in neutral before Pupils are allowed to board and exit the bus. Pupils are not permitted to ride outside or in any hazardous location in the bus including the area ahead of the barriers or white floor line designating the driver area.
10.7 Buses shall not stop near the crest of hills, on curves, or on upgrades or downgrades of severe inclination. When stopped for the purpose of receiving or discharging Pupils, the bus shall always be stopped on the right side of the road and as far off the paved or main traveled portion of the highway as the condition of the shoulder permits and parallel to the main traveled portion of the highway.
10.8 Pupils who must cross the road to board the bus or after leaving the bus shall cross at a distance in front of the bus and beyond the crossing control arms so as to be clearly seen by the driver and only upon an audible clearance by the driver. The driver shall signal Pupils to cross by instructions through the external speaker of the public address system.
10.8.1 When unloading students who must cross the road, the School Bus Driver will cross the Pupil from the shoulder to the driver side cross view mirror and the Pupil must wait for a second verbal command to continue across the roadway.
10.9 All loading and unloading of Pupils shall be made from the service door. The rear exit door is not to be used except in cases of emergency or emergency drills. No object shall be placed in the bus that restricts the passage to the emergency door or other exits.
10.10 No one but the driver shall occupy the driver’s seat.
10.11 All Pupils shall be assigned to seats by the driver, subject to the approval of the Transportation Supervisor.
10.11.1 All buses should have a seating chart available on the bus.
10.12 The doors of the bus shall be kept closed and in the latched position while the bus is in motion.
10.13 When the bus is stopped on school grounds, Pupils are aboard, and the motor is running, the transmission shall be in neutral (clutch disengaged) and the parking brake set. While on school grounds, drivers shall not leave their seat while the motor is running or leave the key in the ignition switch.
10.14 Fuel tanks shall not be filled while the engine is running or while anyone is in the bus.
10.15 Weapons of any kind are not permitted on a school bus.
10.16 Animals are not permitted on school buses; however, a service animal is permitted if a physician certifies that it is required or it is part of the Pupil’s IEP or 504 Plan.
10.17 A school bus shall not be used for hauling anything that would make it objectionable for school use or unsafe for passengers.
10.18 Band instruments, shop projects and other school projects shall not be permitted on the bus if they interfere with the driver or other passengers. The aisle, exits, and driver’s vision shall not be blocked.
10.19 Pupils shall not be required to cross roads that are two (2) lanes with a center-turn lane or roads with four (4) or more lanes.
10.20 Headlights or daytime running lights shall be on at all times when the bus is in motion.
10.21 On the bus route every effort should be made to load children before a turnaround is made and unload them after the turnaround is made.
10.22 Backing of school buses is highly discouraged, except in unusual circumstances, which includes turn around stops to be approved by the transportation supervisor:
10.22.1 A school bus shall not be driven backwards on school grounds unless an adult is posted outside the bus to guard the rear of the bus. The driver and adult shall agree on signals to be used for backing.
10.22.2 When backing is unavoidable at other locations, extreme caution shall be exercised by the School Bus Driver and an outside adult observer outside the bus shall be used if available. The driver and observer shall agree on signals to be used for backing.
10.23 If loading or unloading Pupils off the roadway or on school grounds, do not activate the flashing lamps pursuant to 21 Del.C. §4166(3).
10.24 All passengers are required to wear a seatbelt if provided if the seats are across from an open area where there is no adjacent seat, and this shall include Pupils, one on one nurses, chaperones, etc.
10.25 No Pupil shall be carried up or down the bus steps during normal loading and unloading.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-11.0** Accident Reports {#sec-1150-11.0 omnilex-key=us-de-regs-official--title-14--1150-11.0}
11.1 All School Bus Drivers or Contractors shall complete accident reports and submit them to the Transportation Supervisor in order to assure accurate information pertaining to school bus accidents.
11.2 The following information shall be included on all school bus accident reports and be maintained in the District transportation files:
11.2.1 A description, preferably using diagrams, of the damage to each vehicle in addition to estimates of damage costs.
11.2.2 A copy of the final police report.
11.2.3 A description of all personal injuries within the bus.
11.2.4 A list of passengers.
11.2.5 Name, address and telephone number of the driver.
11.2.6 The school bus seating chart.
11.2.7 Any corrective actions taken against the School Bus Driver, such as training, suspension, or dismissal.
11.2.8 A summation of the School Bus Driver’s total accident record so that each completed report form contains a listing of the total number of accidents that the driver has had.
11.3 The following information should be maintained by the local operating entity, such as: the actual cost of repairs, which shall be added to the accident report wherever it is filed so that the record of the accident is complete. Other pertinent information relating to the accident that should be added later, if readily available, includes:
11.3.1 Disposition of any litigation;
11.3.2 Disposition of any summonses;
11.3.3 Net effects of all personal injuries sustained, including medical care given, physician’s fees, hospital expenses, etc.; and
11.3.4 Amount of property damage other than to vehicles involved.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-12.0** Transportation Benefits {#sec-1150-12.0 omnilex-key=us-de-regs-official--title-14--1150-12.0}
12.1 Transportation benefits shall be provided for Pupils in grades K to 6 whose legal residences are one (1) mile or more from the public schools to which they would normally be assigned by the District administrations and for Pupils in grades 7 to 12 whose legal residences are two (2) miles or more from the public schools to which they would normally be assigned by the District administrations. Requests for otherwise ineligible transportation benefits due to Unique Hazards shall be processed according to this regulation.
12.2 For the purpose of these regulations, the “legal residence” of the Pupil is deemed to be the legal residence of the parent, legal guardian, or Relative Caregiver as described in 14 Del.C. §202(e)(3). Daycare facilities may be designated as a Pupil’s residence for pickup and drop off.
12.3 To determine Pupil eligibility for transportation benefits, measurement shall be by the most direct route provided by a public road or public walkway. The measurement shall be from the nearest point where a private road or walkway connects the legal residence of the Pupil with the nearest public entrance of the school building to which the Pupil is normally assigned by the District administration.
12.4 All school bus routes shall be measured from the first pickup point to the respective schools served in the approved sequence, and then by the most direct route back to the first pick up point.
12.5 Additional bus routes required after the opening of school shall be approved by the DDOE and supported by evidence of need to include: enrollment number changes, descriptions of existing routes in the area of proposed additional service, the run times, and actual loads. A description of the proposed route shall also accompany the request.
12.6 Transportation for eligible Pupils may be provided from locations other than their legal residence provided that:
12.6.1 Such pickup and discharge points as approved by the District administration are in excess of the relevant one (1) and two (2) mile limits from the school to be attended, and such transportation to be provided will be to the public school to which the Pupil is assigned by the District administration.
12.6.2 Such transportation to be provided be on the same bus and route to and from the school attended by the Pupil (i.e. each Pupil is entitled to one (1) seat on one (1) bus) except that permission may be granted on a year by year basis by the District administration for eligible Pupils to ride other buses if seats are available and does not create additional expense to the state.
12.6.3 The limitation pertaining to “same bus and route” indicated above is not applicable to Pupils attending kindergartens operating one (1) half day sessions.
12.7 A spur to a bus route (where a bus leaves a main route) shall not be scheduled unless the one-way distance is greater than a half mile.
12.8 Pupils otherwise ineligible to ride a bus may ride if a physician certifies that a Pupil is unable or should not walk from home to school and return.
12.9 . Unless permitted as an exception by the General Assembly and in vocational technical school, each school in a Local School District shall have a defined attendance area (not overlapping) for transportation. Charter schools shall provide the same level of transportation service as the school District in which it is located. Area bus stops may be used outside of the school District in which the Charter School is located.
12.10 Additional transportation benefits are determined based upon the Pupil's individual needs as specified in a 504 Plan or IEP.
12.11 Development transportation eligibility is provided when a student resides greater than a half mile from the development entrance or if the District deems that the entrance of the development is unsafe for a bus stop. Development transportation eligibility can be provided if the development roads are state maintained or the development, developer, designee, or homeowner’s association gives written approval for buses to enter the development. Once the District determines the above criteria is met they shall ensure that none of the safety exceptions would hinder the bus from entering the development.
12.11.1 Safety exceptions that could hinder bus stops being placed in a development could include width of road (which should meet state standards), width of road with on street parking, construction, adequate turn-around for the bus, safe bus stop locations and other safety mitigating concerns. The District has the option of doing periodic reviews to determine the criteria is still being met.
12.11.2 Districts should ensure bus stops within the development are placed in safe and central location that the bus can easily maneuver without incident.
12.11.3 In inclement weather Districts have the right to refuse to enter a development if roads are unsafe to navigate.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-13.0** Unique Hazards {#sec-1150-13.0 omnilex-key=us-de-regs-official--title-14--1150-13.0}
13.1 Individuals who desire to submit a request for exception to the transportation benefit criteria above because of a unique traffic hazard, also known as Unique Hazard, shall follow the procedures below.
13.2 Procedures for handling Unique Hazards requests.
13.2.1 When the request for relief originates with parents, Guardians or Relative Caregivers of Pupils affected or vested officials, such as state and local police representatives, Safety Council representatives, and legislators, it shall be presented in writing to the local school authorities.
13.2.1.1 Districts shall make every effort to resolve problems identified by the parents, Guardians and Relative Caregivers vested officials, or by the District staff.
13.2.1.2 If the problem cannot be resolved by the District administration, the request shall be forwarded to the District board of education board of directors for appropriate action. If the District board of education board of directors has explored all of the local alternatives to resolve the problem without success, a request by board action shall be made to the Chairman of the Unique Hazards Committee (Education Associate for School Transportation).
13.3 The request to the Unique Hazards Committee shall include:
13.3.1 The original request from the parents, Guardians or Relative Caregivers, vested officials, or the District staff.
13.3.2 A statement of the specific hazard and area involved including maps showing the specific location, points of concern and schools attended.
13.3.3 Number and grades of children involved.
13.3.4 School schedule and the time children would normally be walking to and from school in the area of concern.
13.3.5 List of any actions to resolve the problem taken by the District.
13.3.6 List of any actions to resolve the problem taken by the District board of education board of directors.
13.3.7 List of any actions to resolve the problem taken by the town, the city or county.
13.4 The Unique Hazards Committee shall process the request and report its findings and recommendations to the DDOE for consideration and action. A copy of the report shall also be forwarded to the District board of education board of directors involved.
13.5 The Unique Hazards Committee consists of representatives from the Department of Transportation; the New Castle County Crossing Guard Division; Delaware Safety Council; Traffic Control Section, the Delaware State Police; and the DDOE Associate for Pupil Transportation (Chairperson).
13.6 Unique Hazards Committee Recommendations Appeal Process
13.6.1 Appeals of the Unique Hazards Committee recommendations approved by the DDOE shall be in writing and from the District board of education board of directors.
13.6.2 The District board of education/board of directors shall, before making an appeal, make every effort to resolve the problem. If, in the opinion of the District board of education/board of directors, reconsideration is needed by the Unique Hazards Committee, the appeal, along with pertinent information, should be forwarded to the Chairperson of the Unique Hazards Committee.
13.6.3 The Unique Hazards Committee shall submit to the DDOE its recommendations regarding the appeal for reconsideration by the District board of education board of directors. A copy of the report will also be forwarded to the District board of education board of directors involved.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-14.0** Bus Capacities {#sec-1150-14.0 omnilex-key=us-de-regs-official--title-14--1150-14.0}
14.1 Bus capacities for children in Grades K to 6 shall be established on the basis of 13 inches per child, and for Grades 7 to 12, the capacity shall be established on the basis of 15 inches per child.
14.2 A mixture of the criteria shall be used to plan loads when Pupils come from both of the above groups.
14.3 Actual bus loads may not exceed this guidance. Standees shall not be permitted under normal circumstances; however, exceptions may be made in emergency situations on a temporary basis.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-15.0** Loading and Unloading {#sec-1150-15.0 omnilex-key=us-de-regs-official--title-14--1150-15.0}
Each school shall have a loading and unloading area, rather than load or discharge passengers onto the street. On school grounds all other traffic is prohibited in the loading and unloading area during school bus loading and unloading operations.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-16.0** Contingency Plans {#sec-1150-16.0 omnilex-key=us-de-regs-official--title-14--1150-16.0}
Districts and Charter Schools shall have contingency plans as required in the Omnibus School Safety Act (29 Del.C. §8237).
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-17.0** Reimbursements for Transportation {#sec-1150-17.0 omnilex-key=us-de-regs-official--title-14--1150-17.0}
17.1 For purposes of reimbursements under this section, school buses may be either state owned and Local School District operated, charter school owned and operated, or Contractor owned and operated under contract with the Local School District.
17.2 Reimbursement to the Local School Districts for contracts or for Local School District owned or leased buses shall be made on the basis of a DDOE formula approved by the DDOE. This formula shall take into consideration school bus cost and depreciation, fixed charges, operations, maintenance, driver and Aide wages. Reimbursement shall be made only for transportation of eligible Pupils and exceptions approved by the DDOE.
17.2.1 Drivers employed by the Local School District shall be paid on the regular payroll of the Local School District. When drivers are employed in a dual capacity there shall be strict accounting for salary division.
17.3 Reimbursement for buses operated on contract shall be on the basis of the approved formula or of a bid if the amount is less.
17.3.1 Contractors shall be paid regularly at the end of the month. The total contract shall be paid in ten (10) installments, with the first payment at the end of September or twenty (20) installments with the first payment on or about September 15th. For those Districts opening before September 1st and making ten (10) installments, payments may be made as early as thirty (30) days following the start of the school year with follow up monthly payments to be made no earlier than the date used for the first payment. For those Districts opening before September 1st and making twenty (20) payments, payments may be made as early as fifteen (15) days following the start of the school year with follow up monthly payments to be made no earlier than the dates used for the first two (2) payments.
17.4 Any transportation costs caused by grade reorganizations or Pupil reassignments during the school term after October 1, other than the occupancy of a new school building, shall be at the expense of the Local School District unless approved by the DDOE.
17.5 Bills unpaid from Transportation funding lines that have not been encumbered as of June 30, shall be the responsibility of the Local School District.
17.6 Contract allowances for buses when there are Emergency Days (forgiven by the DDOE with the consent of the State Board of Education), Specially Declared Holidays or Strikes by Teachers.
17.6.1 School bus Contractors and Local School Districts shall be paid the normal rate of pay as provided for in their contract, less the allowance for fuel, maintenance and administration. Driver (including layover allowance) and Aide allowances shall be paid.
17.6.2 School bus Contractors and Local School Districts with buses assigned to midday kindergarten shall be paid the normal rate of pay as provided for in their contract, less the allowance for fuel.
17.6.3 The additional mileage allowance for Contractor and Local School District buses shall not include fuel and maintenance allowances.
17.7 The Delmar School District shall be reimbursed on the basis of the additional days necessary to operate as a result of the agreement with the Wicomico County Board of Education for the Delmar, Maryland elementary schools.
17.8 Fuel adjustments for Local School Districts shall be made in accordance with the State Budget Bill. When fuel adjustment additions are made, the Local School Districts shall pay a lump sum for the number of days driven up to the date of the adjustment and the remainder shall be paid equally over the remaining months of the school year. For contract reductions, the adjustments shall be spread equally over the remaining months of the school year. Fuel adjustments for charter schools shall be made if provisions which are in accordance with the State Budget Bill are made. Additional funds shall only be provided up to the maximum allowance permitted to the charter school for that school year.
17.9 School transportation funding is contingent on school buses meeting state School Bus Standards and being operated in accordance with state and Federal laws and regulations.
17.10 When directed by the General Assembly to fund a portion of school transportation costs, Local School Districts shall make disbursements using state and non-state funds on a prorated basis.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-18.0** Transportation Formulas for Local School Districts Operating District, Lease, or Lease Purchase Buses {#sec-1150-18.0 omnilex-key=us-de-regs-official--title-14--1150-18.0}
18.1 A Local School District shall not use transportation funds for items which are not on the following list without approval by the DDOE. Any purchase, commitment, or obligation exceeding the transportation allocation to the Local School District is the responsibility of the Local School District. The following items may be used for the purpose of providing Pupil transportation in accordance with the regulations of the DDOE.
18.1.1 Advertising including equipment, routes, supplies, and employment.
18.1.2 Communication systems including two-way radios, cellular phones, and AM-FM radio.
18.1.3 Fuel including gasoline, diesel, propane, kerosene, storage tanks, pumps, additives, and oil.
18.1.4 Leasing and rental including tools, equipment, storage facilities, buses, garage space, and office space.
18.1.5 Office supplies and materials including computer hardware, computer software, data processing, maps, postage, printing, subscription, and measuring devices.
18.1.6 Safety materials including audio visual aids, restraining vests, belts, safety awards, pins, patches, certificates, wheelchair ramps, wheelchair retainers, printing, handout materials, pamphlets, training materials, subscriptions, and bus seats.
18.1.7 Salary and wages including attendants or Aides as approved by the DDOE when required in a Pupil’s IEP or 504 Plan, dispatchers, drivers, maintenance helpers, mechanics, mechanics helpers, office workers, secretarial, substitute drivers, supervisory (other than state supported supervisor or manager), and state provided employee benefits.
18.1.8 Shop facilities including heat, electric, water, sewer, security, fences, lights, locks, guards, bus storage, janitorial supplies, brushes, mops, buckets, soap, tools, maintenance vehicles, grease, service vehicles, and work uniforms for maintenance staff.
18.1.9 Sidewalks including construction of sidewalks, footbridges, etc. that would be offset in reduced busing costs in five (5) years or less, with prior approval of Supervisors of Transportation and School Plant Planning.
18.2 Special state funds are provided to Local School Districts for training supplies. This account may also be used for reimbursements for state provided equipment and services.
18.3 Examples of Programs Excluded from state Reimbursement:
18.3.1 Extracurricular field trips
18.3.2 Transportation of Pupils from one (1) school to another for special programs (e.g., music festivals, Holiday programs, etc.)
18.3.3 Transportation of Pupils to and from athletic contests, practices, tutoring, band events, etc.
18.3.4 Post secondary classes
18.3.5 Federal programs
18.3.6 Alternative school transportation when using a direct to and from school route that is less efficient than a shuttle concept. A shuttle concept means transporting students to one (1) school and then to the alternative school.
18.3.7 Choice school transportation outside of the Local School District or outside of the attendance area of school that the bus normally serves.
18.3.8 Charter school transportation (if being provided by a Local School District) outside of the Local School District.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-19.0** Transportation Allowances for Individuals {#sec-1150-19.0 omnilex-key=us-de-regs-official--title-14--1150-19.0}
19.1 Requests for transportation allowances shall be made in writing to the DDOE by Local School Districts with justification. This information is necessary in order for the DDOE to determine a Pupil’s eligibility. The responsibility for establishing a claim for transportation allowances rests upon the Local School District and claimant.
19.2 All requests shall be signed by the parent, guardian or Relative Caregiver and certified by the Superintendent, principal or the principal teacher of the school to be attended. In case of a car pool, only the driver shall be paid.
19.3 Payments or reimbursements for transportation by private means shall be on the following basis:
19.3.1 When adequate public services are available, the public service rates shall be used.
19.3.2 When public service is not available and it is necessary to provide transportation by private conveyance, the allowance shall be calculated at the prevailing state rate per mile for the distance from the home to the school or school bus and return twice a day, or for the actual distance traveled.
19.3.3 Local School Districts shall maintain and submit a monthly record of mileage traveled on a form provided by the DDOE.
19.3.4 Any exception or variation must be approved by the DDOE.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-20.0** Cost Records {#sec-1150-20.0 omnilex-key=us-de-regs-official--title-14--1150-20.0}
20.1 Cost records shall include the following costs directly attributable to the transportation of eligible Pupils on Local School District school buses:
20.1.1 Total expenditures by funding code.
20.1.2 Wages of the Drivers.
20.1.3 Bus maintenance costs (expenditure for all bus supplies, repairs and routine service).
20.1.4 Cost of accidents, including bus repairs.
20.1.5 Indirect costs (all those costs not included in above categories and all costs associated with those who supervise the school transportation operation).
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-21.0** Bus Replacement Schedules for Local School Districts {#sec-1150-21.0 omnilex-key=us-de-regs-official--title-14--1150-21.0}
21.1 The time begins for a new bus when it is placed in service. A bus shall have the required mileage prior to the start of the school year. Once a bus is placed in service for the school year, it will not be replaced unless it is unable to continue service due to mechanical failure. Requests for early replacement due to mechanical failure shall be accompanied by a mechanic's analysis of the problem and repair and maintenance histories for the last three (3) years.
21.2 The following age and mileage requirements apply:
21.2.1 14th year shall be replaced (also for charter schools and it may then be used as a spare); or
21.2.2 At least 190,000 miles no matter age of bus may be replaced; or
21.2.3 At least 9 years and 130,000 miles may be replaced; or
21.2.4 May be replaced after 10 years.
21.3 Contractors shall be reimbursed for their eligible school buses for the annual allowances permitted by the formula. New (unused) buses placed in service in a year following their manufacture shall begin their seven (7) years of capital allowances with the rate specified for the year of manufacture and continue in year increments until completed.
21.4 School buses purchased with state allocated transportation funds may be used by the Local School Districts for purposes other than transportation of Pupils to and from school. This type of use shall be at the Local School District’s expense and shall occur only during a time when the bus is not making its normal school run.
21.5 In accordance with the Attorney General’s opinion of June 18, 1974, regarding the use of buses purchased from state allocated transportation funds for purposes other than the regular transportation of Pupils to and from school, the provisions of 14 Del.C. §1056, School Property, Use, Control and Management, shall apply.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-22.0** School Bus Inspections {#sec-1150-22.0 omnilex-key=us-de-regs-official--title-14--1150-22.0}
School buses shall be inspected by the DDMV bi-annually. The first inspection period is from July 1 through August 31 (black sticker), and the second inspection period is from the beginning of a District's Christmas vacation period through February 28th or 29th.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-23.0** Transportation for Pupils with Disabilities {#sec-1150-23.0 omnilex-key=us-de-regs-official--title-14--1150-23.0}
23.1 Private placement with financial aid may be sought when an IEP team finds that an eligible child with a disability cannot benefit from the regularly offered free appropriate public educational programs which include regular classes, special classes or special schools. The determination shall be made by the IEP team and by the DDOE that no District or other state agency has a suitable free and appropriate program of education for the particular child with a disability. Such private placement shall be in a school or institution approved by the DDOE in keeping with its oversight responsibilities.
23.2 Financial aid shall include tuition for special education and related services as defined in the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1400, et seq.] to include daily transportation for a private day program and room and board for a residential program.
23.3 Transportation for a residential program will include, at a minimum, transportation to and from the facility at the start and end of each school term and when the school is officially closed to students. Reimbursement for other trips home or for the parents' travel costs to accompany the child or to attend conferences at the facility shall be determined on a case-by-case basis.
23.4 Local School District Transportation Aides: With the approval of the DDOE, a state funded School Bus Aide may be provided on school buses serving special schools or programs for children with disabilities and when required in a student's IEP.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-24.0** Transportation for Alternative Programs {#sec-1150-24.0 omnilex-key=us-de-regs-official--title-14--1150-24.0}
Costs for transportation shall be paid by the state from funds appropriated for Pupil transportation if transportation is provided by extending already existing routes. Shuttle services that extend existing routes will be allowed. Additional routes established to transport Pupils to and from the Alternative Programs or other special transportation designs shall not be paid by the state from the school transportation appropriation and shall be included in the Alternative Program budget and be paid from the state allocation for alternative programs and the Local School District’s 30% share. Planning committees for these programs shall include the Transportation Supervisors who will be providing services. In addition, those supervisors shall coordinate planning with and submit their transportation plans to the Education Associate for Pupil Transportation at the DDOE.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-25.0** Drugs and Alcohol Testing {#sec-1150-25.0 omnilex-key=us-de-regs-official--title-14--1150-25.0}
25.1 Content:
25.1.1 Pursuant to 14 Del.C. §2910, this regulation shall apply to the contracting for a program of drug and alcohol testing services necessary to enable Districts and any person or entity that contracts with a District to provide transportation for state public school Pupils, to comply with such drug and alcohol testing requirements applicable to Delaware public School Bus Drivers as are now, or may hereafter be, imposed by federal law.
25.1.2 School Bus Aides shall be subject to the same federal and state drug and alcohol testing requirements as School Bus Drivers. They shall use non-DOT forms, and the employer shall follow the same procedures set forth herein.
25.2 The following definitions are pertinent to Drug and Alcohol Testing, and when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol.
“DDOE” means the Delaware Department of Education.
“DOT” means the United States Department of Transportation.
“Drug” means the controlled substances for which tests are required under the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40, and include marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates.
“Employer” means school bus Contractors or Districts when they directly employ School Bus Drivers.
“Negative Result” means a verified negative drug test result or an alcohol test result lower than the Federal standard as defined by the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40.
“Positive Result” means a verified positive, adulterated, or substituted drug test result, an alcohol test result equal to or greater than the Federal standard or a refusal to take a drug or alcohol test as defined by the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40.
25.3 Federal Regulations
Employers shall comply with the drug and alcohol testing regulations issued by the Secretary of Transportation of the United States pursuant to 49 U.S.C. §31306 and located at 49 CFR Part 382 and 49 CFR Part 40.
25.4 Drug and Alcohol testing program requirements:
25.4.1 The employer shall:
25.4.1.1 Be responsible for compliance with all federal and state regulations; and
25.4.1.2 Maintain drug and alcohol testing records for their School Bus Drivers and Aides.
25.4.1.2.1 Documentation of drug and alcohol testing results shall flow directly from the Consortium or Third Party Administrator Medical Review Officer (C/ TPA/MRO), as defined by the provisions of 49 CFR Part 382 and 49 CFR Part 40, to the employer. Copies of positive results shall be sent to the Transportation Supervisor and the DDOE for accounting and audit purposes.
25.4.1.2.2 Documentation of results shall be addressed to the individual, or employer, and the Transportation Supervisors or DDOE so as to ensure confidentiality.
25.4.2 DDOE shall:
25.4.2.1 Bid the contract for the drug and alcohol testing program;
25.4.2.2 Monitor the drug and alcohol testing program.
25.4.3 Any School Bus Driver or Aide who is not in compliance with federal and state drug and alcohol testing requirements shall not perform driver or aide duties until they have satisfied the federal and state requirements.
25.4.3.1 Any School Bus Driver or Aide who has a positive drug or alcohol test result shall comply with DOT regulations regarding a Substance Abuse Professional (SAP) evaluation, treatment and return to duty testing before another preemployment test is allowed.
25.4.3.2 An employer who hires a School Bus Driver or Aide who has previously failed a drug or alcohol test shall ensure that all follow up drug and alcohol testing recommended by the SAP evaluation is implemented.
25.5 Preemployment Testing
25.5.1 School Bus Drivers with no CDL and Aides with no prior experience shall have a negative preemployment drug test, and the employer shall receive a negative result before the prospective employee can operate a school bus or serve as an Aide.
25.5.2 Bus Drivers with a CDL and School Bus Aides with past experience shall follow DOT rules and regulations to determine the necessity for preemployment drug testing.
25.5.3 Employers shall provide Federal Drug Testing Custody and Control (CCF) forms to new School Bus Drivers and non-DOT forms to School Bus Aides who shall take the forms to the appropriate collection facility where the driver or Aide shall be administered a drug test. Forms shall note the employer and District.
25.5.4 Negative results shall be forwarded from the C/TPA/MRO to the employer.
25.5.5 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of positive results shall be sent to the Transportation Supervisor and the DDOE for accounting and audit purposes.
25.5.6 Employers shall notify prospective School Bus Drivers and Aides in writing of a positive result. Copies of this letter shall be sent to the Transportation Supervisor and the DDOE.
25.6 Random Testing
25.6.1 Employers shall provide the C/TPA/MRO a quarterly list of eligible drivers and Aides to be drug and alcohol tested no later than one (1) week before the testing quarter. The list shall note the primary District of the drivers and Aides. Copies of the lists shall be provided to the Transportation Supervisor.
25.6.2 The C/TPA/MRO shall send the employer lists of drivers and Aides to be tested by the end of the first week of the quarter.
25.6.3 Employers shall provide CCF and alcohol testing forms to the drivers and Aides who shall take the forms and go immediately to the appropriate collection facility where the driver or Aide shall be administered a drug test or a drug and alcohol test. Forms shall note the employer and the District.
25.6.4 Employers shall complete the required random tests before the end of the calendar quarter.
25.6.5 Negative results shall be forwarded from the C/TPA/MRO to the employer.
25.6.6 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of the positive results forms shall be sent to the Transportation Supervisor and the DDOE for accounting and audit purposes.
25.6.7 Employers shall notify School Bus Drivers and Aides in writing of a positive result. Copies of this letter shall be sent to the Transportation Supervisor and DDOE.
25.7 Post Accident and Reasonable Suspicion Testing
25.7.1 Employers shall provide CCF and alcohol testing forms to the School Bus Drivers and Aides who shall take the forms and go immediately to the appropriate collection facility where the driver or Aide shall be administered a drug and alcohol test. Forms shall note the employer and District.
25.7.2 Negative results shall be forwarded from the C/TPA/MRO to the employer.
25.7.3 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of the positive result form shall be sent to the Transportation Supervisor and the DDOE for accounting and audit purposes.
25.7.4 Employers shall notify School Bus Drivers and Aides in writing of a positive result. Copies of this letter shall be sent to the Transportation Supervisor and the DDOE.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
##### **14 Del. Admin. Code § 1150-26.0** Nonpublic, Nonprofit Schools {#sec-1150-26.0 omnilex-key=us-de-regs-official--title-14--1150-26.0}
26.1 The nonpublic, nonprofit schools shall be responsible for the administration and supervision of the family transportation allowance provided by the DDOE. The program is contingent upon General Assembly funding.
26.2 The nonpublic, nonprofit, school shall act as the administrator and fiscal agent. If the nonpublic, nonprofit school chooses to use an agent to receive payment other than the nonpublic, nonprofit school, written authorization from the governing board of the nonpublic, nonprofit school, such as the board of trustees or the school board, specifying such agent shall be forwarded to the Education Associate for Pupil Transportation in the DDOE. The use of an agent to accept payment shall not relieve the nonpublic, nonprofit school from its responsibility to administer and supervise the transportation program, to maintain records, or to submit such reports as may be required.
26.3 Those nonpublic, nonprofit schools with families requesting transportation allowances shall provide proof of nonprofit status to DDOE.
26.4 Transportation allowances shall be made only for those eligible Pupils (Delaware residents attending Delaware schools) who meet residence to school proximity guidance of one (1) mile or more for grades K to 6 and two (2) miles or more for grades 7 to 12 and who make application to the nonpublic, nonprofit school for such transportation allowances. These applications for transportation allowances shall be signed by the parent, guardian, or Relative Caregiver and certified by a school administrator. Families of a Pupil who would not otherwise be eligible for the allowance may receive the allowance if a physician certifies that the Pupil is unable to walk or should not walk from home to school and return. The responsibility for establishing a claim for transportation allowances rests upon the claimant, and all records of this request shall be kept on file in the nonpublic, nonprofit school office. Such records shall be made available for audit by a representative of the DDOE or the State Auditor’s Office.
26.5 The state shall provide the transportation funds to the nonpublic, nonprofit school or designated agent for eligible families. The family shall direct the nonpublic, nonprofit school or designated agent how the funds are to be dispersed e.g., some or all of the funds to the parent, Guardian or Relative Caregiver for tuition, for school provided transportation costs, for an allowance, etc. The nonpublic, nonprofit school shall ensure that its tuition, transportation fees, and other costs of attendance are independent of the allowances.
26.6 Payment shall be made only on the basis of one (1) trip to and one (1) trip from nonpublic, nonprofit school daily. Families who transport more than one (1) child to the same school by private conveyance shall be reimbursed on the basis of the number of trips rather than on the number of children transported. No family shall qualify for more than one (1) reimbursement for Pupils it transports to a single school except for families with two (2) or more children, one (1) of whom is enrolled in a half day kindergarten program. In the event of car pools, each family is entitled to reimbursement, but a family shall not receive more than the annual allowance.
26.7 The nonpublic, nonprofit school shall submit a transportation form, provided by the DDOE, indicating eligible reimbursements, no later than October 1st of each year. All information shall be based on September 30th enrollment and eligibility. After the submission of the final transportation form no further adjustments for eligibility shall be made for the remainder of the school year.
26.8 In September each year, the nonpublic, nonprofit schools shall receive an initial allocation based upon approximately 1/10 of the previous year's allowances. If the school did not participate the previous year, it should notify the DDOE School Transportation Office by September 1st to establish an initial disbursement amount. Using the information on all of the DDOE transportation forms, the DDOE shall calculate the statewide allowance for the current year and send remaining funds to the schools at the end of October. The school shall return funds not distributed to parents, Guardians or Relative Caregivers to the State of Delaware.
**History**
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 51 (07/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *6 DE Reg. 643 (11/01/02)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *7 DE Reg. 1546 (05/01/04)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *13 DE Reg. 845 (12/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 1548 (05/01/00)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *3 DE Reg. 942 (01/01/00)*
- *6 DE Reg. 643 (11/01/02)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *24 DE Reg. 145 (08/01/20)*
- *8 DE Reg. 541 (10/01/04)*
- *9 DE Reg. 404 (09/01/05)*
- *12 DE Reg. 1086 (02/01/09)*
- *18 DE Reg. 961 (06/01/15)*
- *19 DE Reg. 307 (10/01/15)*
- *24 DE Reg. 145 (08/01/20)*
## **1200** Higher Education - Scholarships
### **1201** Christa McAuliffe Award Program (Repealed)
##### **14 Del. Admin. Code § 1201** Christa McAuliffe Award Program (Repealed) {#sec-1201 omnilex-key=us-de-regs-official--title-14--1201}
This regulation was repealed, effective April 11, 2023.
**History**
- *20 DE Reg. 446 (12/01/16)*
- *26 DE Reg. 848 (04/01/23)*
### **1202** Delaware Teacher Corps Program (Repealed)
##### **14 Del. Admin. Code § 1202** Delaware Teacher Corps Program (Repealed) {#sec-1202 omnilex-key=us-de-regs-official--title-14--1202}
This regulation was repealed, effective April 11, 2023.
**History**
- *21 DE Reg. 219 (09/01/17)*
- *26 DE Reg. 850 (04/01/23)*
### **1205** Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program (Repealed)
##### **14 Del. Admin. Code § 1205** Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program (Repealed) {#sec-1205 omnilex-key=us-de-regs-official--title-14--1205}
This regulation was repealed, effective April 11, 2023.
**History**
- *22 DE Reg. 589 (01/01/19)*
- *26 DE Reg. 854 (04/01/23)*
### **1207** Delaware Nursing Incentive Program (Repealed)
##### **14 Del. Admin. Code § 1207** Delaware Nursing Incentive Program (Repealed) {#sec-1207 omnilex-key=us-de-regs-official--title-14--1207}
This regulation was repealed, effective April 11, 2023.
**History**
- *23 DE Reg. 863 (04/01/20)*
- *26 DE Reg. 857 (04/01/23)*
### **1212** Speech Language Pathologist Incentive Loan Program
##### **14 Del. Admin. Code § 1212-1.0** Purpose {#sec-1212-1.0 omnilex-key=us-de-regs-official--title-14--1212-1.0}
The purpose of this regulation is to provide eligibility criteria and application procedures for the Speech-Language Pathologist Scholarship Program pursuant to 14 Del.C. §3435(a).
**History**
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *23 DE Reg. 860 (04/01/20)*
- *26 DE Reg. 855 (04/01/23)*
##### **14 Del. Admin. Code § 1212-2.0** Definitions {#sec-1212-2.0 omnilex-key=us-de-regs-official--title-14--1212-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Award” means a scholarship under the Speech-Language Pathologist Scholarship.
“Delaware Higher Education Office” or “DHEO” means the Department of Education’s Office which administers specific programs related to higher education, including, but not limited to, scholarship and loan programs.
“Direct Educational Expenses” means tuition, mandatory fees, room, board, books, and supplies.
“Full-Time Student” means a graduate student enrolled in 9 or more credit hours.
“Institution” means a post-secondary institution or institution of higher education in Delaware that is accredited, or a candidate for accreditation, by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of the American Speech-Language-Hearing Association.
“Student Account Access Site” means the webpage on the DHEO’s website where students can access scholarship and loan forgiveness opportunities.
**History**
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *23 DE Reg. 860 (04/01/20)*
- *26 DE Reg. 855 (04/01/23)*
##### **14 Del. Admin. Code § 1212-3.0** Application Acceptance and Submission Period {#sec-1212-3.0 omnilex-key=us-de-regs-official--title-14--1212-3.0}
3.1 The application acceptance and submission period for the Speech-Language Pathologist Scholarship Program shall be posted on the DHEO's website by December 1 of each calendar year.
3.1.1 Applications shall not be accepted outside of the posted application acceptance period under any circumstances.
3.1.2 Incomplete applications shall not be accepted or processed.
3.2 In order for an application to be considered complete, an applicant must complete an application through the Student Account Access Site by the last date of the application acceptance period. The application shall include:
3.2.1 The applicant’s major, name of the applicant’s Institution, and the school year in which the applicant was most recently enrolled.
3.2.2 Applicants may update their enrollment information on the Student Account Access Site through the last date of the application acceptance period.
3.2.3 A first time applicant must establish an account and provide the applicant's valid email address and permanent mailing address before being permitted to submit the information required in subsection 3.2 of this regulation.
**History**
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *23 DE Reg. 860 (04/01/20)*
- *26 DE Reg. 855 (04/01/23)*
##### **14 Del. Admin. Code § 1212-4.0** Eligibility for Awards {#sec-1212-4.0 omnilex-key=us-de-regs-official--title-14--1212-4.0}
4.1 In order to be eligible for an Award through the Speech-Language Pathologist Scholarship Program, the applicant shall meet the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall meet the definition of residency as provided in 14 Del.C. §3402(f).
4.1.2 The applicant shall be a Full-Time Student enrolled in a graduate program in Delaware that will satisfy the educational requirements to become licensed by the Delaware Board of Speech Pathologists, Audiologists, and Hearing Aid Dispensers as a speech-language pathologist.
**History**
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *23 DE Reg. 860 (04/01/20)*
- *26 DE Reg. 855 (04/01/23)*
##### **14 Del. Admin. Code § 1212-5.0** Awards {#sec-1212-5.0 omnilex-key=us-de-regs-official--title-14--1212-5.0}
5.1 DHEO determines the number and amount of Awards to be given annually. The number and amount of Awards each year will vary and is based on and subject to the General Assembly appropriating funds for the Speech-Language Pathologist Scholarship Program.
5.2 An Award shall be used for, and not in excess of, Direct Educational Expenses.
5.3 An Award may be renewed annually for up to 2 years. To be eligible to renew an Award, students shall complete an application by the date required by the DHEO, meet the requirements of Section 4.0, and maintain Satisfactory Academy Progress. For the purpose of this regulation, Satisfactory Academy Progress means that a student is successfully completing coursework according to the standards of the college or university in which the student is enrolled and the student is eligible to continue to receive financial aid.
**History**
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *23 DE Reg. 860 (04/01/20)*
- *26 DE Reg. 855 (04/01/23)*
##### **14 Del. Admin. Code § 1212-6.0** Award Payment {#sec-1212-6.0 omnilex-key=us-de-regs-official--title-14--1212-6.0}
All Awards shall be disbursed directly to the eligible recipient's college or university only.
**History**
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *26 DE Reg. 855 (04/01/23)*
- *23 DE Reg. 860 (04/01/20)*
- *26 DE Reg. 855 (04/01/23)*
### **1214** Critical Need Reimbursement Program
##### **14 Del. Admin. Code § 1214-1.0** Purpose {#sec-1214-1.0 omnilex-key=us-de-regs-official--title-14--1214-1.0}
The purpose of this regulation is to provide the eligibility criteria, application requirements, and award process for the Critical Need Reimbursement Program pursuant to 14 Del.C. §3436.
**History**
- *26 DE Reg. 1055 (06/01/23)*
##### **14 Del. Admin. Code § 1214-2.0** Definitions {#sec-1214-2.0 omnilex-key=us-de-regs-official--title-14--1214-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Award" means a reimbursement awarded under the Critical Need Reimbursement Program.
"Critical need area" means 1 of the specific certification areas of critical need in Delaware as determined by the Delaware Department of Education pursuant to 14 Del.C. §3436(c).
"Delaware Higher Education Office" or "DHEO" means the Department of Education's office which administers specific programs related to higher education, including, but not limited to, student financial assistance programs.
**History**
- *26 DE Reg. 1055 (06/01/23)*
##### **14 Del. Admin. Code § 1214-3.0** Eligibility {#sec-1214-3.0 omnilex-key=us-de-regs-official--title-14--1214-3.0}
3.1 In order to be eligible for an award under the Critical Need Reimbursement Program, an applicant shall meet the requirements of subsections 3.1.1 through 3.1.6.
3.1.1 The applicant shall be a full-time employee of a Delaware public school district or charter school.
3.1.2 The applicant shall meet the definition of residency as defined in 14 Del.C. §3402(f).
3.1.3 The applicant shall hold an Emergency Certificate or Certificate of Eligibility in a critical need area.
3.1.4 The applicant shall be teaching in a critical need area.
3.1.5 The applicant shall have completed coursework or a seminar or workshop at a college or university that is accredited by an accrediting agency recognized by the U.S. Secretary of Education or through an Alternative Routes for Teacher Licensure or Certification program approved by the Department.
3.1.6 The applicant shall have earned a 2.0 or higher on a 4.0 scale for credit-bearing courses or an equivalent passing grade in non-credit bearing seminars and workshops.
**History**
- *26 DE Reg. 1055 (06/01/23)*
##### **14 Del. Admin. Code § 1214-4.0** Application Requirements {#sec-1214-4.0 omnilex-key=us-de-regs-official--title-14--1214-4.0}
4.1 The application acceptance and submission period for the Critical Need Reimbursement Program shall be posted on the DHEO's website by December 1 of each calendar year.
4.1.1 Applications shall not be accepted outside of the posted application acceptance period under any circumstances.
4.1.2 Incomplete applications shall not be accepted or processed.
4.2 The applicant shall complete an application by the last date of the application acceptance period.
**History**
- *26 DE Reg. 1055 (06/01/23)*
##### **14 Del. Admin. Code § 1214-5.0** Awards {#sec-1214-5.0 omnilex-key=us-de-regs-official--title-14--1214-5.0}
5.1 An applicant who meets the eligibility criteria in Section 3.0 may be awarded up to 1 of the following per academic year:
5.1.1 Up to 6 credits; or
5.1.2 Two noncredit-bearing seminars or workshops required for certification; or
5.1.3 One noncredit-bearing seminar or workshop required for certification up to 1 3-credit course.
5.2 Award payments shall be disbursed directly to the applicant's college or university only upon the applicant's completion of the course, seminar, or workshop and after the college or university verifies the applicant's enrollment and grades.
5.3 An award shall be used for, and not in excess of, tuition and mandatory fees.
**History**
- *26 DE Reg. 1055 (06/01/23)*
### **1219** B. Bradford Barnes Memorial Scholarship
##### **14 Del. Admin. Code § 1219-1.0** Purpose {#sec-1219-1.0 omnilex-key=us-de-regs-official--title-14--1219-1.0}
The purpose of this regulation is to provide the eligibility criteria, application requirements, and award process for the B. Bradford Barnes Memorial Scholarship pursuant to 14 Del.C. §3442.
**History**
- *26 DE Reg. 942 (05/01/23)*
##### **14 Del. Admin. Code § 1219-2.0** Definitions {#sec-1219-2.0 omnilex-key=us-de-regs-official--title-14--1219-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Award" means a scholarship awarded under the B. Bradford Barnes Memorial Scholarship Program.
"Delaware Higher Education Office" or "DHEO" means the Department of Education's office which administers specific programs related to higher education, including, but not limited to, student financial assistance programs.
"Free Application for Federal Student Aid" or "FAFSA" means the data supplied in connection with the federal government's application for federal financial aid which DHEO uses to determine an applicant's eligibility for an Award.
"Full-Time Student" means a student enrolled in a minimum of college credit hours as required by the student's college or university for full-time status. Generally, for an undergraduate program, this is a minimum of 12 credit hours per term.
"Student Account Access Site" means the webpage on the DHEO's website where students can access scholarship opportunities.
**History**
- *26 DE Reg. 942 (05/01/23)*
##### **14 Del. Admin. Code § 1219-3.0** Eligibility {#sec-1219-3.0 omnilex-key=us-de-regs-official--title-14--1219-3.0}
3.1 In order to be eligible for an Award under the B. Bradford Barnes Scholarship Program, an applicant shall meet the requirements of subsections 3.1.1 through 3.1.3.
3.1.1 The applicant shall be a graduating high school senior who received an offer of admission from the University of Delaware.
3.1.2 The applicant will enroll as a first-time, Full-Time undergraduate student in the University of Delaware for the following school year.
3.1.3 The applicant must meet the definition of residency as defined in 14 Del.C. §3402(f).
**History**
- *26 DE Reg. 942 (05/01/23)*
##### **14 Del. Admin. Code § 1219-4.0** Application Requirements {#sec-1219-4.0 omnilex-key=us-de-regs-official--title-14--1219-4.0}
4.1 The application acceptance and submission period for the B. Bradford Barnes Memorial Scholarship shall be posted on the DHEO's website by December 1 of each calendar year.
4.1.1 Applications shall not be accepted outside of the posted application acceptance period under any circumstances.
4.1.2 Incomplete applications shall not be accepted or processed.
4.2 In order for an application to be considered complete, an applicant shall fulfill all of the requirements in subsections 4.2.1 and 4.2.2.
4.2.1 The applicant shall complete an online application through the Student Account Access Site by the last date of the application acceptance period.
4.2.1.1 Applicants may update their enrollment information on the Student Account Access Site through the last date of the application acceptance period.
4.2.1.2 A first time applicant must establish an account and provide the applicant's valid email address and permanent mailing address before being permitted to submit the information required in subsection 4.2 of this regulation.
4.2.2 The applicant shall complete the FAFSA for the school year in which the scholarship is sought by the application deadline.
**History**
- *26 DE Reg. 942 (05/01/23)*
##### **14 Del. Admin. Code § 1219-5.0** Awards {#sec-1219-5.0 omnilex-key=us-de-regs-official--title-14--1219-5.0}
5.1 One scholarship will be awarded each year to an applicant who meets the requirements of Section 3.0 of this regulation based on the applicant's academic achievement, community service, participation in extracurricular activities, and promise of academic success in college. If several applicants are determined to be equally qualified for an Award, DHEO will consider their financial need.
5.2 To determine an applicant's financial need for the purpose of the B. Bradford Barnes Memorial Scholarship, DHEO will consider the applicant's EFC; the expense of attending the University of Delaware; and the applicant's eligibility for Pell grants and other federal, state, or private grant assistance. For the purpose of this regulation, EFC means the Expected Family Contribution, which is the number that is calculated using the financial information an applicant provides on the applicant's Free Application for Federal Student Aid (FAFSA) to determine the applicant's eligibility for federal student aid.
5.3 An Award shall be used for, and not in excess of, tuition, required fees, room, board, and books at the University of Delaware.
5.4 An Award is renewable within the limits of the appropriations for the B. Bradford Barnes Memorial Scholarship Program.
5.5 To be eligible to renew an Award, a student shall update the student's enrollment information on the Student Account Access Site; meet the academic progress standards set by DHEO and communicated in writing to the student at the time the initial Award is granted; and continue to be enrolled full-time at the University of Delaware, successfully completing coursework according to the standards of the University of Delaware, and eligible to continue to receive financial aid.
5.6 A student shall not receive more than 4 annual Awards.
**History**
- *26 DE Reg. 942 (05/01/23)*
##### **14 Del. Admin. Code § 1219-6.0** Award Payment {#sec-1219-6.0 omnilex-key=us-de-regs-official--title-14--1219-6.0}
6.1 Award payments shall be disbursed directly to the University of Delaware only.
6.2 If a student withdraws from school or otherwise does not qualify for full payment at the end of the add/drop period for a semester, DHEO will apply the refund policies set forth in 14 Del.C. §3402(k). For the purpose of this regulation, semester means a half-year term in a school or college, typically lasting 15 to 18 weeks.
**History**
- *26 DE Reg. 942 (05/01/23)*
### **1220** Herman M. Holloway, Sr. Memorial Scholarship
##### **14 Del. Admin. Code § 1220-1.0** Purpose {#sec-1220-1.0 omnilex-key=us-de-regs-official--title-14--1220-1.0}
The purpose of this regulation is to provide the eligibility criteria, application requirements, and award process for the Herman M. Holloway, Sr. Memorial Scholarship pursuant to 14 Del.C. §3443.
**History**
- *26 DE Reg. 944 (05/01/23)*
##### **14 Del. Admin. Code § 1220-2.0** Definitions {#sec-1220-2.0 omnilex-key=us-de-regs-official--title-14--1220-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Award" means a scholarship awarded under the Herman M. Holloway, Sr. Memorial Scholarship Program.
"Delaware Higher Education Office" or "DHEO" means the Department of Education's office which administers specific programs related to higher education, including, but not limited to, student financial assistance programs.
"Free Application for Federal Student Aid" or "FAFSA" means the data supplied in connection with the federal government's application for federal financial aid which DHEO uses to determine an applicant's eligibility for an Award.
"Full-Time Student" means a student enrolled in a minimum of college credit hours as required by the student's college or university for full-time status. Generally, for an undergraduate program, this is a minimum of 12 credit hours per term.
"Student Account Access Site" means the webpage on the DHEO's website where students can access scholarship opportunities.
**History**
- *26 DE Reg. 944 (05/01/23)*
##### **14 Del. Admin. Code § 1220-3.0** Eligibility {#sec-1220-3.0 omnilex-key=us-de-regs-official--title-14--1220-3.0}
3.1 In order to be eligible for an Award under the Herman M. Holloway, Sr. Memorial Scholarship Program, an applicant shall meet the requirements of subsections 3.1.1 through 3.1.3.
3.1.1 The applicant shall be a graduating high school senior who received an offer of admission from the Delaware State University.
3.1.2 The applicant will enroll as a first-time, Full-Time undergraduate student in the Delaware State University for the following school year.
3.1.3 The applicant must meet the definition of residency as defined in 14 Del.C. §3402(f).
**History**
- *26 DE Reg. 944 (05/01/23)*
##### **14 Del. Admin. Code § 1220-4.0** Application Requirements {#sec-1220-4.0 omnilex-key=us-de-regs-official--title-14--1220-4.0}
4.1 The application acceptance and submission period for the Herman M. Holloway, Sr. Memorial Scholarship shall be posted on the DHEO's website by December 1 of each calendar year.
4.1.1 Applications shall not be accepted outside of the posted application acceptance period under any circumstances.
4.1.2 Incomplete applications shall not be accepted or processed.
4.2 In order for an application to be considered complete, an applicant shall fulfill all of the requirements in subsections 4.2.1 and 4.2.2.
4.2.1 The applicant shall complete an online application through the Student Account Access Site by the last date of the application acceptance period.
4.2.1.1 Applicants may update their enrollment information on the Student Account Access Site through the last date of the application acceptance period.
4.2.1.2 A first time applicant must establish an account and provide the applicant's valid email address and permanent mailing address before being permitted to submit the information required in subsection 4.2 of this regulation.
4.2.2 The applicant shall complete the FAFSA for the school year in which the scholarship is sought by the application deadline.
**History**
- *26 DE Reg. 944 (05/01/23)*
##### **14 Del. Admin. Code § 1220-5.0** Awards {#sec-1220-5.0 omnilex-key=us-de-regs-official--title-14--1220-5.0}
5.1 One scholarship will be awarded each year to an applicant who meets the requirements of Section 3.0 of this regulation based on the applicant's academic achievement, community service, participation in extracurricular activities, and promise of academic success in college. If several applicants are determined to be equally qualified for an Award, DHEO will consider their financial need.
5.2 To determine an applicant's financial need for the purpose of the Herman M. Holloway, Sr. Memorial Scholarship, DHEO will consider the applicant's EFC; the expense of attending the Delaware State University; and the applicant's eligibility for Pell grants and other federal, state, or private grant assistance. For the purpose of this regulation, EFC means the Expected Family Contribution, which is the number that is calculated using the financial information an applicant provides on the applicant's Free Application for Federal Student Aid (FAFSA) to determine the applicant's eligibility for federal student aid.
5.3 An Award shall be used for, and not in excess of, tuition, required fees, room, board, and books at the Delaware State University.
5.4 An Award is renewable within the limits of the appropriations for the Herman M. Holloway, Sr. Memorial Scholarship Program.
5.5 To be eligible to renew an Award, a student shall update the student's enrollment information on the Student Account Access Site; meet the academic progress standards set by DHEO and communicated in writing to the student at the time the initial Award is granted; and continue to be enrolled full-time at the Delaware State University, successfully completing coursework according to the standards of the Delaware State University, and eligible to continue to receive financial aid.
5.6 A student shall not receive more than 4 annual Awards.
**History**
- *26 DE Reg. 944 (05/01/23)*
##### **14 Del. Admin. Code § 1220-6.0** Award Payment {#sec-1220-6.0 omnilex-key=us-de-regs-official--title-14--1220-6.0}
6.1 Award payments shall be disbursed directly to the Delaware State University only.
6.2 If a student withdraws from school or otherwise does not qualify for full payment at the end of the add/drop period for a semester, DHEO will apply the refund policies set forth in 14 Del.C. §3402(k). For the purpose of this regulation, semester means a half-year term in a school or college, typically lasting 15 to 18 weeks.
**History**
- *26 DE Reg. 944 (05/01/23)*
### **1221** Charles L. "Chuck" Hebner Scholarship
##### **14 Del. Admin. Code § 1221-1.0** Purpose {#sec-1221-1.0 omnilex-key=us-de-regs-official--title-14--1221-1.0}
The purpose of this regulation is to provide the eligibility criteria, application requirements, and award process for the Charles L. "Chuck" Hebner Scholarship pursuant to 14 Del.C. §3447.
**History**
- *26 DE Reg. 947 (05/01/23)*
##### **14 Del. Admin. Code § 1221-2.0** Definitions {#sec-1221-2.0 omnilex-key=us-de-regs-official--title-14--1221-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Award" means a scholarship awarded under the Charles L. "Chuck" Hebner Scholarship Program.
"Delaware Higher Education Office" or "DHEO" means the Department of Education's office which administers specific programs related to higher education, including, but not limited to, student financial assistance programs.
"Full-Time Student" means a student enrolled in a minimum of college credit hours as required by the student's college or university for full-time status. Generally, for an undergraduate program, this is a minimum of 12 credit hours per term.
"Student Account Access Site" means the webpage on the DHEO's website where students can access scholarship opportunities.
**History**
- *26 DE Reg. 947 (05/01/23)*
##### **14 Del. Admin. Code § 1221-3.0** Eligibility {#sec-1221-3.0 omnilex-key=us-de-regs-official--title-14--1221-3.0}
3.1 In order to be eligible for an Award under the Charles L. "Chuck" Hebner Scholarship Program, an applicant shall meet the requirements of subsections 3.1.1 through 3.1.3.
3.1.1 The applicant shall be a graduating high school senior.
3.1.2 The applicant will enroll as a first-time, Full-Time undergraduate student at a degree-granting college for the following school year.
3.1.3 The applicant must meet the definition of residency as defined in 14 Del.C. §3402(f).
**History**
- *26 DE Reg. 947 (05/01/23)*
##### **14 Del. Admin. Code § 1221-4.0** Application Requirements {#sec-1221-4.0 omnilex-key=us-de-regs-official--title-14--1221-4.0}
4.1 The application acceptance and submission period for the Charles L. "Chuck" Hebner Scholarship shall be posted on the DHEO's website by December 1 of each calendar year.
4.1.1 Applications shall not be accepted outside of the posted application acceptance period under any circumstances.
4.1.2 Incomplete applications shall not be accepted or processed.
4.2 In order for an application to be considered complete, an applicant shall complete an online application through the Student Account Access Site by the last date of the application acceptance period.
4.2.1 Applicants may update their enrollment information on the Student Account Access Site through the last date of the application acceptance period.
4.2.2 A first time applicant must establish an account and provide the applicant's valid email address and permanent mailing address before being permitted to submit the information required in subsection 4.2 of this regulation.
**History**
- *26 DE Reg. 947 (05/01/23)*
##### **14 Del. Admin. Code § 1221-5.0** Awards {#sec-1221-5.0 omnilex-key=us-de-regs-official--title-14--1221-5.0}
5.1 DHEO determines the number and amount of Awards to be given annually. The number and amount of Awards each year will vary and is based on and subject to the General Assembly appropriating funds for the Charles L. "Chuck" Hebner Scholarship. Scholarships will be awarded to applicants who meet the requirements of Section 3.0 of this regulation based on the applicant's academic achievement, community service, participation in extracurricular activities, and promise of academic success in college.
5.2 An Award shall be used for, and not in excess of, tuition, mandatory fees, room, board, and other direct and indirect educational expenses at the applicant's college.
5.3 An Award is renewable within the limits of the appropriations for the Charles L. "Chuck" Hebner Scholarship Program.
5.4 To be eligible to renew an Award, a student shall update the student's enrollment information on the Student Account Access Site; meet the academic progress standards set by DHEO and communicated in writing to the student at the time the initial Award is granted; and continue to be enrolled full-time at the student's college, successfully completing coursework according to the standards of the student's college, and eligible to continue to receive financial aid.
5.5 A student shall not receive more than 4 annual Awards.
**History**
- *26 DE Reg. 947 (05/01/23)*
##### **14 Del. Admin. Code § 1221-6.0** Award Payment {#sec-1221-6.0 omnilex-key=us-de-regs-official--title-14--1221-6.0}
6.1 Award payments shall be disbursed directly to the student's college only.
6.2 If a student withdraws from school or otherwise does not qualify for full payment at the end of the add/drop period for a semester, DHEO will apply the refund policies set forth in 14 Del.C. §3402(k). For the purpose of this regulation, semester means a half-year term in a school or college, typically lasting 15 to 18 weeks.
**History**
- *26 DE Reg. 947 (05/01/23)*
## **1500** Professional Standards Board
### **1502** Graduate Level Salary Increments (Repealed)
##### **14 Del. Admin. Code § 1502** Graduate Level Salary Increments (Repealed) {#sec-1502 omnilex-key=us-de-regs-official--title-14--1502}
This regulation was repealed, effective October 11, 2017.
**History**
- *7 DE Reg. 1001 (02/01/04)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *12 DE Reg. 942 (01/01/09)*
- *17 DE Reg. 65 (07/01/13)*
- *19 DE Reg. 920 (04/01/16)*
- *21 DE Reg. 302 (10/01/17)*
### **1503** Comprehensive Educator Induction Programs
##### **14 Del. Admin. Code § 1503-1.0** Content {#sec-1503-1.0 omnilex-key=us-de-regs-official--title-14--1503-1.0}
This regulation shall apply to comprehensive educator induction programs, including coaching, mentoring, and professional learning activities required of teachers, specialists, and administrators in Delaware public schools, pursuant to 14 Del.C. Ch. 12.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-2.0** Definitions {#sec-1503-2.0 omnilex-key=us-de-regs-official--title-14--1503-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Administrator" means a person who holds an active educator's license issued by the Department under 14 Del.C. Ch. 12, and holds at least 1 of the following Standard Certificates: School Principal and Assistant School Principal Standard Certificate (14 DE Admin. Code 1591), Certified Central Office Personnel Standard Certificate (14 DE Admin. Code 1592), Superintendent and Assistant Superintendent Standard Certificate (14 DE Admin. Code 1593), Special Education Director Standard Certificate (14 DE Admin. Code 1594), and Charter School Leader Standard Certificate (14 DE Admin. Code 1596).
“Administrator mentor” means a certified administrator who holds a Continuing License, is currently employed as an administrator, performs the duties and responsibilities in the State’s administrator mentor program, and is rated as satisfactory on the State’s current evaluation system or the equivalent thereof on a state-approved alternative educator evaluation system. A certified administrator is an educator who holds at least 1 of the following Standard Certificates: School Principal and Assistant School Principal Standard Certificate (14 DE Admin. Code 1591), Certified Central Office Personnel Standard Certificate (14 DE Admin. Code 1592), Superintendent and Assistant Superintendent Standard Certificate (14 DE Admin. Code 1593), and Special Education Director Standard Certificate (14 DE Admin. Code 1594).
"ARTC program" means an alternative routes for teacher licensure and certification program that is approved by the Department pursuant to 14 Del.C. §§1260 to 1266.
“Department” means the Delaware Department of Education.
“Employing authority” means any entity which employs administrators, teachers, and specialists, and includes school districts, charter schools, boards of directors, and management companies.
"Induction coach" means a person who holds an active educator's license issued by the Department under 14 Del.C. Ch. 12, is currently employed at a school district or charter school in Delaware, and has participated in the training for coaches of teachers and specialists required by the Department and the employing authority. Educators serving as coaches are those who have satisfactory evaluations on the State's current evaluation system, or the equivalent thereof on a state-approved alternative educator evaluation system, during the school year in which they coach and may not be on an improvement plan, or the equivalent thereof in a state-approved educator evaluation system. Coaches are selected by the employing authority to provide support for teachers and specialists in years 1 and 2 of the comprehensive educator induction program and may be eligible for an additional responsibility assignment salary supplement as provided in Section 16.0.
"Induction coordinator" means an individual appointed by an employing authority to annually submit and oversee an approved comprehensive educator induction program for teachers and specialists for the school district or charter school and serve as a liaison between the employing authority and the Department.
"LEA induction team" means the team of personnel at the local education agency level who meets throughout the school year to provide a clear framework that aligns with the expectations in the comprehensive educator induction program.
"Lead induction coach" means an individual who is employed by an employing authority as a teacher or specialist, performs the duties and responsibilities assigned to that position, has satisfactory evaluations on the State's current evaluation system, or the equivalent thereof on a state-approved alternative educator evaluation system, during the school year in which the individual is the lead induction coach and may not be on an improvement plan, or the equivalent thereof on a state-approved alternative educator evaluation system. In addition, the lead induction coach is selected by the employing authority to oversee the comprehensive educator induction program at the building level and is an active part of the site induction team. The lead induction coach provides guidance and professional learning to induction coaches and support to teachers and specialists in years 3 and 4 of the program.
"Professional learning" means activities that incorporate active learning and are job-embedded, sustained and continuous, and aligned to standards. Professional Learning may be collaborative and aligned with school goals.
"Site induction team" means the team of personnel at the school level who meet throughout the school year and are responsible for implementing the local level program.
"Specialist" means a person who holds an active educator's license issued by the Department under 14 Del.C. Ch. 12 to engage in other related professional support services, is currently employed at a school district or charter school in Delaware, and holds at least 1 of the following Standard Certificates: Elementary School Counselor (14 DE Admin. Code 1522), Secondary School Counselor (14 DE Admin. Code 1545), School Nurse (14 DE Admin. Code 1582), School Psychologist (14 DE Admin. Code 1583), or School Social Worker (14 DE Admin. Code 1584).
"Teacher" means a person who holds an active educator's license issued by the Department under 14 Del.C. Ch. 12, is currently employed at a school district or charter school in Delaware, and meets students on a regularly scheduled basis, plans and delivers instruction, develops or prepares instructional materials, and evaluates student performance. For the purpose of this regulation, teachers include individuals who hold the School Library Media Specialist Standard Certificate (14 DE Admin. Code 1580) or School Reading Specialist Standard Certificate (14 DE Admin. Code 1581).
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-3.0** Comprehensive Educator Induction Programs for Teachers {#sec-1503-3.0 omnilex-key=us-de-regs-official--title-14--1503-3.0}
3.1 The Department shall develop guidelines and recommendations for comprehensive educator induction programs for teachers and approve comprehensive educator induction programs for teachers submitted annually by an employing authority's LEA induction team, which provides guidance and evaluation of the locally developed program to support the developing proficiencies of new educators and educators serving in new assignments, provide mentoring and coaching to enhance professional learning, foster colleague relationships, and ensure job-embedded professional learning for continuous improvement.
3.1.1 An employing authority shall develop and then implement an approved comprehensive educator induction program for teachers that meets the requirements specified in Sections 4.0, 5.0, and 9.0 of this regulation.
3.1.2 The employing authority’s appointed person from the LEA induction team shall submit the program plan to the Department for review and consideration of approval according to the application procedure, template, and timelines set by the Department.
3.1.3 The teachers' program shall be aligned with applicable state teaching and professional learning standards for teachers and shall include training and support of the components of the State's current evaluation system or a state-approved alternative educator evaluation system, including descriptive, non-evaluative feedback.
3.1.4 The site induction team shall include a building leader.
3.2 A teacher is required to complete the teacher’s employing authority’s program that has been preapproved by the Department. Failure by the teacher to successfully complete the requirements of the program may result in the denial of an application for a Continuing License or disciplinary action as provided in 14 DE Admin. Code 1510 Initial License, 14 DE Admin. Code 1511 Continuing License, and 14 DE Admin. Code 1512 Advanced License.
3.3 Lead induction coaches are required to complete the Department's training in order to receive an additional responsibility salary supplement as provided in 14 DE Admin. Code 1501 Salary Supplements for Educators.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-4.0** Years 1 and 2 of the Comprehensive Educator Induction Program for Teachers {#sec-1503-4.0 omnilex-key=us-de-regs-official--title-14--1503-4.0}
4.1 Section 4.0 applies to teachers who have less than 2 years of documented and verified experience as a teacher of record.
4.2 Years 1 and 2 of the program for teachers shall include the requirements provided in subsections 4.2.1 through 4.2.6.
4.2.1 The site induction team or induction coordinator shall match the teacher with an induction coach.
4.2.1.1 The assignment of an induction coach beyond year 2 of the program is at the discretion of the employing authority, based upon a review of the teacher's performance.
4.2.1.2 Notwithstanding subsection 4.2.1.1 of this regulation, the employing authority shall provide continuing support to the teacher beyond the teacher's year 2 of the program until the teacher's Initial License has expired, including ensuring an induction coach monitors the teacher's progress toward meeting the requirements set forth in Section 5.0 of this regulation.
4.2.2 At a minimum, the induction coach shall hold monthly meetings, which may be accomplished in individual or group meetings of no more than 4 teachers and the induction coach.
4.2.3 Meetings shall have an identified focus which must be aligned to 1 or more of the following: the Delaware teaching standards, the Delaware professional learning standards, and the Delaware Teacher Growth and Support System or the employing authority's alternative evaluation system approved by the Department.
4.2.4 An agenda, attendance sheets, and minutes must be kept for each meeting and provided to the induction coordinator.
4.2.5 The induction coach or designated persons from the site induction team shall assist the teacher in becoming acclimated to the role, the school, or other setting, the Delaware teaching standards, and the Delaware professional learning standards.
4.2.6 The teacher shall be observed as determined by the induction coach based on need or providing additional support.
4.3 The teacher shall complete the requirements in subsections 4.3.1 through 4.3.3.
4.3.1 In year 1 of the program, the teacher shall complete the requirements of the ethics course that has been approved by the Department.
4.3.2 The teacher shall attend monthly meetings and engage in teaching and coaching cycles with the induction coach that include planning and preparation, teaching and assessing, and analyzing and reflecting.
4.3.3 The teacher shall participate in professional learning experiences designed to provide new teachers with the knowledge of, and support necessary to become familiar with, the Delaware Teacher Growth and Support System, or the employing authority's alternative evaluation system approved by the Department. Live or recorded observations of other teachers in the same content area or position may be included as an additional method of support. Professional learning experiences required under this Section may be used in lieu of ARTC program requirements with the same content if approved by the Department as part of the employing authority's educator induction program submitted pursuant to subsection 3.1.1.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-5.0** Comprehensive Induction Program for Teachers for the Remaining Years of the Initial License {#sec-1503-5.0 omnilex-key=us-de-regs-official--title-14--1503-5.0}
5.1 In each of the remaining years of a teacher's Initial License, the teacher shall complete the requirements in subsections 5.1.1 and 5.1.2.
5.1.1 The teacher shall conduct the Department-specified self-analysis to assess the teacher's professional learning needs in the Delaware teaching standards and identify 1 to 2 areas of growth that will be the focus of the year for professional learning to strengthen the teacher's learning and teaching practices.
5.1.2 The teacher shall participate in, track, document, and reflect upon, as required by the Department, no less than 15 hours of professional learning experiences throughout the school year that enhance the teacher's understandings and abilities in the teacher's job, leading to more effective instruction. The experiences shall be aligned to 1 or more of the following: the Delaware teaching standards, the Delaware professional learning standards, and the Delaware Teacher Growth and Support System. Activities required for participation in an ARTC program may be used to fulfill the requirements of this subsection, if approved by the LEA induction team as aligned to the aforementioned standards.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-6.0** Comprehensive Educator Induction Program for Specialists {#sec-1503-6.0 omnilex-key=us-de-regs-official--title-14--1503-6.0}
6.1 The Department shall develop comprehensive educator induction programs for specialists in all Delaware public schools.
6.2 The specialists' programs shall be aligned with applicable national standards for specialists in the applicable specialist area and shall include training for coaches.
6.3 The employing authority shall ensure new specialists are assigned to an induction coach that has been trained to guide the specialist through the Department-developed program.
6.4 Comprehensive educator induction programs for specialists shall be up to 4 years in length for specialists who hold an Initial License and 2 years in length for specialists who hold a Continuing or Advanced License.
6.4.1 Specialists who hold an Initial License are required to complete the requirements in Sections 7.0 and 8.0.
6.4.2 Specialists who are new to their role and hold a Continuing or Advanced License are required to complete the requirements in Section 7.0.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-7.0** Years 1 and 2 of the Comprehensive Educator Induction Programs for Specialists {#sec-1503-7.0 omnilex-key=us-de-regs-official--title-14--1503-7.0}
7.1 Programs for specialists shall include the requirements provided in subsections 7.1.1 through 7.1.6.
7.1.1 The site induction team or induction coordinator shall match the specialist with an induction coach.
7.1.1.1 The assignment of an induction coach beyond year 2 of the program is at the discretion of the employing authority, based upon a review of the specialist's performance.
7.1.1.2 Notwithstanding subsection 7.1.1.1 of this regulation, the employing authority shall provide continuing support to the specialist beyond the specialist's year 2 of the program until the specialist's Initial License has expired, including ensuring an induction coach monitors the specialist's progress toward meeting the requirements set forth in Section 8.0 of this regulation.
7.1.2 To the extent feasible, the induction coach for a specialist shall be certified and practicing in the same specialist area as the specialist the induction coach is assigned to coach.
7.1.3 At a minimum, the induction coach shall hold monthly meetings, which may be accomplished in individual or group meetings of no more than 4 specialists and the induction coach.
7.1.4 Meetings shall have an identified focus which must be aligned to the standards for or a problem of practice within the specialist area.
7.1.5 The induction coach shall assist the specialist in becoming acclimated to the role, the school, or other school setting, the Delaware professional learning standards, and the applicable national standards for the specialist area.
7.1.6 The induction coach shall observe the specialist as outlined by the Department's induction program for the specialist area.
7.2 The specialist shall complete the requirements provided in subsections 7.2.1 through 7.2.4.
7.2.1 In year 1 of the program, the specialist shall complete the requirements of an ethics course that has been approved by the Department unless the specialist provides the Department with proof of completion of the Department-approved ethics course.
7.2.2 The specialist shall attend monthly meetings and engage in individual and collaborative meetings with the induction coach that are aligned to a standard or problem of practice related to the specialist's area.
7.2.3 The specialist shall participate in professional learning experiences designed to provide new specialists with the knowledge of, and support necessary to become familiar with, the State evaluation system for specialists or the employing authority's alternative evaluation system approved by the Department.
7.2.4 The specialist shall observe other specialists as outlined by the Department's plan for the specialist area. Live or recorded observations of other specialists in the same content area or position may be included as an additional method of support.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-8.0** Comprehensive Educator Induction Program for Specialists Who Have Remaining Years on the Initial License After Completing the Requirements in Section 7.0 {#sec-1503-8.0 omnilex-key=us-de-regs-official--title-14--1503-8.0}
8.1 In each of the remaining years of a specialist's Initial License, the specialist shall complete the requirements in subsections 8.1.1 through 8.1.3.
8.1.1 The specialist shall conduct the Department-specified self-analysis to assess the specialist's professional learning needs.
8.1.2 The specialist shall identify 1 to 2 areas of growth that will be the focus of the year for professional learning to strengthen the specialist's learning and practices.
8.1.3 The specialist shall participate in, track, document, and reflect upon, as required by the Department, no less than 15 hours of professional learning experiences throughout the school year that enhance the specialist's understandings and abilities in the specialist's job, leading to more effective performance. The experiences shall be aligned to 1 or more of the following: the national standards for the specialist's certification area and the Delaware professional learning standards.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-9.0** Comprehensive Educator Induction Program for Teachers and Specialists Who Are New to Delaware Public Schools {#sec-1503-9.0 omnilex-key=us-de-regs-official--title-14--1503-9.0}
9.1 Section 9.0 applies to teachers and specialists who hold an Initial, Continuing, or Advanced License and have more than 2 years of documented and verified experience as a teacher or specialist of record.
9.2 In the teacher's or specialist's first year of employment, the teacher or specialist shall complete the requirements in subsections 9.2.1 and 9.2.2.
9.2.1 The teacher or specialist shall complete professional learning experiences designed to provide teachers or specialists who are new to Delaware with the knowledge of and support necessary to become familiar with the applicable evaluation system approved by the Department.
9.2.2 The teacher or specialist shall complete professional learning experiences that introduces and allows the teacher or specialist to learn and practice any new systems, technology, and other local logistics that are specific to Delaware or the teacher's or specialist's employing authority.
9.3 If the teacher or specialist holds an Initial License the teacher or specialist shall complete the requirements in subsections 9.3.1 through 9.3.3 in any remaining years of the teacher's or specialist's Initial License.
9.3.1 The teacher or specialist shall conduct the Department-specified self-analysis to assess the teacher's or specialist's professional learning needs aligned to the Delaware teaching standards or applicable standards in the specialist area.
9.3.2 The teacher or specialist shall identify 1 to 2 areas of growth that will be the focus of the year for professional learning to strengthen the teacher's or specialist's learning and teaching practices.
9.3.3 Each school year, the teacher or specialist shall submit to the induction coordinator documentation of no less than 15 hours of professional learning experiences completed within the school year. Activities required for participation in an ARTC program may be used to meet the requirements of this Section.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-10.0** Comprehensive Educator Induction Programs for Administrators {#sec-1503-10.0 omnilex-key=us-de-regs-official--title-14--1503-10.0}
10.1 The Department shall develop and implement comprehensive educator induction programs for administrators. The administrators' program shall be based on the applicable national standards for administrators.
10.2 All administrators who become newly employed as an administrator in a Delaware public school, regardless of the standard certificates held, shall complete year 1 of the program. Administrators who hold an Initial License shall also complete year 2 of the program.
10.3 An administrator is required to complete the State's program. Failure by the administrator to complete the requirements of the program may result in the denial of an application for a Continuing or Advanced License or disciplinary action as provided in 14 DE Admin. Code 1510 Initial License, 14 DE Admin. Code 1511 Continuing License, and 14 DE Admin. Code 1512 Advanced License.
10.4 The Department shall provide a program for all administrator mentors. Administrator mentors are required to complete the mentoring and coaching program in addition to providing evidence of using Department-provided resources to mentor new administrators to the Department yearly in order to receive an additional responsibility salary supplement as provided in 14 DE Admin. Code 1501 Salary Supplements for Educators.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-11.0** Year 1 of the Comprehensive Educator Induction Program for Administrators {#sec-1503-11.0 omnilex-key=us-de-regs-official--title-14--1503-11.0}
11.1 During year 1 of the program, the administrator shall complete the requirements in subsections 11.1.1 through 11.1.4.
11.1.1 The administrator shall attend at least 12 hours of the approved professional learning that is aligned to the approved national standards for administrators.
11.1.2 The administrator shall, at a minimum, meet once monthly with the administrator's mentor to complete the requirements included in the administrator mentor program.
11.1.3 The administrator shall attend professional learning on the DPAS II for administrators or a state-approved alternative educator evaluation system for administrators to include goal-setting, mid-year conferences, and summative evaluations.
11.1.4 The administrator shall participate in statewide professional learning for administrator mentors and mentees.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-12.0** Year 2 of the Comprehensive Educator Induction Program for Administrators {#sec-1503-12.0 omnilex-key=us-de-regs-official--title-14--1503-12.0}
12.1 Year 2 of the program is required for all administrators who hold an Initial License. Year 2 of the program is optional for administrators who hold a Continuing or Advanced License.
12.2 During year 2 of the program, the administrator shall complete 20 hours of coaching activities aligned to the approved national standards for administrators.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-13.0** Comprehensive Induction Program for Administrators for the Remaining Years of the Initial License After Completing the Mandatory 2-Year Program in Sections 11.0 and 12.0 {#sec-1503-13.0 omnilex-key=us-de-regs-official--title-14--1503-13.0}
13.1 In each of the remaining years of an administrator's Initial License, the administrator shall complete the requirements in 13.1.1 through 13.1.5.
13.1.1 The administrator shall conduct the Department-specified self-analysis to assess the administrator's professional learning needs based on the State standards for administrators.
13.1.2 The administrator shall identify leadership priorities that will be the focus of the year for professional learning to strengthen the administrator's learning and leadership practices.
13.1.3 The administrator shall develop and implement a personalized professional learning plan that addresses the administrator’s individual needs identified through the self-analysis.
13.1.4 The administrator shall participate in professional learning that is aligned to the Delaware administrator standards.
13.1.5 The administrator shall track and document the administrator's leadership priorities and action plan as required by the Department.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-14.0** Duties and Responsibilities of Induction Coordinators, Lead Induction Coaches, and Induction Coaches {#sec-1503-14.0 omnilex-key=us-de-regs-official--title-14--1503-14.0}
14.1 Induction coordinators shall complete the requirements in subsections 14.1.1 through 14.1.12.
14.1.1 The induction coordinator shall annually submit the LEA plan and coordinate the local implementation of the comprehensive educator induction program that include the determined local mentoring activities.
14.1.2 The induction coordinator shall ensure program requirements are met and proper documentation is submitted to the induction coordinator by participating new educators, lead induction, and induction coaches.
14.1.3 The induction coordinator shall update educator progress, pair coaches and educators, and complete all stipend requests within the DEEDS Mentoring Center by the deadlines determined by the Department.
14.1.4 The induction coordinator shall address any local issues that arise regarding the implementation of, participation in, and completion of the employing authority's comprehensive educator induction program.
14.1.5 The induction coordinator shall ensure LEA induction team meetings are consistently scheduled throughout the school year, attend the induction team meetings, and submit the agendas, attendance sheets, and minutes for the meetings to the Department's education associate, educator induction by the Department's deadline.
14.1.6 The induction coordinator shall attend mandatory induction coordinator meetings held by the Department unless excused by the Department with prior notice. An induction coordinator may attend optional induction coordinator meetings held by the Department.
14.1.7 The induction coordinator shall submit documentation of all coaching activities provided during the meetings throughout the school year to the Department's education associate, educator induction by the Department's deadline.
14.1.8 The induction coordinator shall ensure that all new educators in year 1 of the program are enrolled in the required ethics course.
14.1.9 The induction coordinator shall mark completed induction years in the DEEDS Mentoring Center by the end of the school year in which the requirements are completed or when the educator leaves the employing authority, whichever occurs first.
14.1.10 The induction coordinator shall submit completed coach stipend requests to the Department's education associate, educator induction by the Department's deadline. Induction coordinators at school districts shall communicate with their school district's payroll department to ensure stipend requests are accurate and paid by the final paycheck of the school year.
14.1.11 The induction coordinator shall monitor the status of licenses held by educators in the program and communicate the status with the induction coordinator's Human Resource Office and the educator.
14.1.12 The induction coordinator shall work with the induction coordinator's Human Resource Office to validate educators’ eligibility for the program.
14.2 Lead induction coaches shall complete the requirements in subsections 14.2.1 through 14.2.6.
14.2.1 There shall be 1 lead induction coach per building.
14.2.2 The lead induction coach shall complete all mandatory coach training approved by the Department for lead induction coaches, annually.
14.2.3 The lead induction coach shall ensure monthly meetings are scheduled, planned, and take place for induction coaches (and may include new educators). Meetings shall have an identified focus and be aligned to standards. An agenda, attendance sheets and minutes shall be kept and provided to the induction coordinator.
14.2.4 The lead induction coach shall attend and ensure consistent meetings are scheduled, planned and take place for the site induction team. The lead induction coach shall keep agendas, attendance sheets, and minutes and provide them to the induction coordinator.
14.2.5 The lead induction coach shall provide guidance and communication around requirements for each year of the comprehensive educator induction program and monitor and collect documentation of years 3 and 4 for new educators' professional learning.
14.2.6 The lead induction coach shall submit documentation accounting for all coaching activities provided during the school year of coaching to their induction coordinator by the Department's deadline.
14.3 Induction coaches shall complete the requirements in subsections 14.3.1 through 14.3.5.
14.3.1 The induction coach shall coach actively licensed, new educators of record with less than 2 documented years as a teacher or specialist. There shall be 1 induction coach for every 4 new educators.
14.3.2 The induction coach shall complete all required coach training approved by the Department for induction coaches, annually.
14.3.3 The induction coach shall facilitate coaching cycles as specified in Sections 4.0 and 8.0 of this regulation, through at minimum, monthly meetings that are scheduled, planned and take place with new educators. The induction coach shall keep agendas, attendance sheets, and minutes and provide them to the lead induction coach.
14.3.4 The induction coach shall conduct observations of new educators as determined by need. Observations can be in person or video recorded to provide coaching feedback and to support improvement in practices.
14.3.5 Induction coaches shall submit documentation accounting for all coaching activities provided during the school year of coaching to their lead induction coach or induction coordinator by the Department's deadline.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-15.0** Duties and Responsibilities of Administrator Mentors {#sec-1503-15.0 omnilex-key=us-de-regs-official--title-14--1503-15.0}
Administrator mentors shall satisfactorily complete all of the requirements of the mentor program provided by the Department.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-16.0** Payment of Salary Supplement {#sec-1503-16.0 omnilex-key=us-de-regs-official--title-14--1503-16.0}
Administrator mentors, induction coordinators, lead induction coaches, and induction coaches in years 1 and 2 of the program who are paid in accordance with the provisions of 14 Del.C. §1305 may be paid an additional responsibility assignment salary supplement annually, upon documentation of satisfactory fulfillment of duties and responsibilities, as provided in 14 DE Admin. Code 1501 Salary Supplements for Educators. An induction coach is not eligible for and shall not be paid an additional responsibility assignment salary supplement if the induction coach is assigned to a teacher or specialist who, at the employing authority’s discretion, is required to repeat year 1 or year 2 of the program or is assigned beyond year 2 of the program.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
##### **14 Del. Admin. Code § 1503-17.0** Reporting {#sec-1503-17.0 omnilex-key=us-de-regs-official--title-14--1503-17.0}
The Department shall require and collect data used to evaluate the approved comprehensive induction programs and shall present the data to the Professional Standards Board upon request. This data will include at a minimum, an assessment of the implementation of the approved comprehensive induction program and compliance and delivery.
**History**
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *20 DE Reg. 718 (03/01/17)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *8 DE Reg. 347 (08/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 1260 (04/01/10)*
- *14 DE Reg. 30 (07/01/10)*
- *17 DE Reg. 726 (01/01/14)*
- *20 DE Reg. 718 (03/01/17)*
- *24 DE Reg. 146 (08/01/20)*
- *25 DE Reg. 82 (07/01/21)*
- *27 DE Reg. 972 (06/01/24)*
- *28 DE Reg. 296 (10/01/24)*
### **1504** Certificate of Eligibility
##### **14 Del. Admin. Code § 1504-1.0** Content {#sec-1504-1.0 omnilex-key=us-de-regs-official--title-14--1504-1.0}
1.1 This regulation shall apply to the issuance, extension, and retention of a Certificate of Eligibility pursuant to 14 Del.C. §1221(2) for educators who are pursuing the following certifications:
1.1.1 14 DE Admin. Code 1570 Early Childhood Exceptional Children Special Education Teacher; or
1.1.2 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities; or
1.1.3 14 DE Admin. Code 1573 Teacher of Students with Autism or with Severe Intellectual Disabilities; or
1.1.4 14 DE Admin. Code 1574 Teacher of Students Who Are Deaf or Hard of Hearing; or
1.1.5 14 DE Admin. Code 1575 Teacher of Students with Visual Impairments.
1.2 This regulation does not apply to an Emergency Certificate, which is a temporary credential that may be issued to an applicant who is not fully certified in a specific area to serve as the educator of record in that area while the applicant pursues a Standard Certificate.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
##### **14 Del. Admin. Code § 1504-2.0** Definitions {#sec-1504-2.0 omnilex-key=us-de-regs-official--title-14--1504-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Certificate of Eligibility" means a credential which may be issued to teachers of students with disabilities if the employing district or charter school establishes that the proposed recipient meets the requirements of 14 Del.C. §1221(2).
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
##### **14 Del. Admin. Code § 1504-3.0** Issuance of a Certificate of Eligibility {#sec-1504-3.0 omnilex-key=us-de-regs-official--title-14--1504-3.0}
3.1 In accordance with 14 Del.C. §1221(2), the Department may issue a Certificate of Eligibility to an applicant who satisfies all of the requirements in subsections 3.1.1 through 3.1.6.
3.1.1 The applicant shall meet the requirements for issuance of a Delaware Initial License or hold a valid and current Delaware Initial, Continuing, or Advanced License.
3.1.2 The applicant seeks 1 of the Standard Certificates in subsection 1.1 but does not meet the requirements for issuance of the Standard Certificate sought.
3.1.3 The applicant is enrolled and participating in a Department-approved Alternative Routes for Teacher Licensure and Certification (ARTC) program for teachers in the area of need for students with disabilities for which the Standard Certificate is sought.
3.1.4 The applicant shall be employed as the educator of record for the Standard Certificate sought in a position in a Delaware traditional, vocational-technical, or charter school.
3.1.5 The applicant's employing authority will support and assist the applicant in completing the requirements for the Standard Certificate sought.
3.1.6 The applicant shall also meet the requirements for the issuance of the applicable Certificate of Eligibility set forth in either Section 4.0 or Section 5.0.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
##### **14 Del. Admin. Code § 1504-4.0** Certificate of Eligibility for Individuals Who Seek a Delaware Initial License and Content Area Standard Certificate {#sec-1504-4.0 omnilex-key=us-de-regs-official--title-14--1504-4.0}
4.1 The Department may issue a Certificate of Eligibility to an applicant who meets the requirements in Section 3.0 and the applicant has applied for and met the requirements of a content area Standard Certificate or is eligible to be issued a content area Emergency Certificate.
4.2 The Department may extend a Certificate of Eligibility that was issued pursuant to subsection 4.1 up to 2 times if the educator meets the requirements in subsections 4.2.1 through 4.2.7.
4.2.1 The educator shall hold a valid and current Delaware Initial, Continuing, or Advanced License.
4.2.2 The educator continues to be enrolled and participating in a Department-approved ARTC program for teachers in the area of need for students with disabilities for which the Standard Certificate is sought.
4.2.3 The educator continues to seek 1 of the Standard Certificates in subsection 1.1 and has not met the requirements for issuance of the Standard Certificate sought but shall be making satisfactory progress towards the completion of all program requirements.
4.2.4 The educator has met the requirements for issuance of a content area Standard Certificate or has not met the requirements for issuance of the content area Standard Certificate sought but is making progress toward completing the requirements by completing coursework or achieving the minimum score on the examination of content knowledge.
4.2.5 The educator's employing authority and program recommend an extension based on the educator's performance in the assignment and progress in the program.
4.2.6 The educator shall be employed as the educator of record for both of the Standard Certificates sought in a position in a Delaware traditional, vocational-technical, or charter school.
4.2.7 The educator's employing authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
4.3 Application Requirements
4.3.1 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for a Certificate of Eligibility.
4.3.2 For applicants who seek a Certificate of Eligibility under subsection 4.1, the following documentation is required with the application:
4.3.2.1 Documentation that the applicant meets the requirements for issuance of a Delaware Initial License or holds a valid and current Delaware Initial, Continuing, or Advanced License;
4.3.2.2 A copy of the welcome letter from the applicant's ARTC program, documenting enrollment in the program in the area of need for students with disabilities for which the Standard Certificate is sought;
4.3.2.3 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a position in a Delaware traditional, vocational-technical, or charter school;
4.3.2.4 Documentation that the applicant's employing authority will support and assist the applicant in completing the requirements for the Standard Certificate sought; and
4.3.2.5 Documentation that the applicant has applied for and met the requirements of a content area Standard Certificate or is eligible to be issued a content area Emergency Certificate.
4.3.3 For applicants who seek extension of a Certificate of Eligibility under subsection 4.2, the following documentation is required with the application:
4.3.3.1 Documentation that the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
4.3.3.2 A request from the applicant's employing authority, documenting that it recommends an extension based on the educator's performance in the assignment and progress in the program and that it will continue to support and assist the educator in completing the requirements for the Standard Certificate sought;
4.3.3.3 A letter from the educator's ARTC program, documenting that it recommends an extension based on the educator's performance in the assignment and progress in the program;
4.3.3.4 Documentation that the educator is employed as the educator of record for both of the Standard Certificates sought in a position in a Delaware traditional, vocational-technical, or charter school;
4.3.3.5 Official transcript from the applicant's Regionally Accredited college or university or, if applicable, documents verifying successful completion of Department-approved professional development; and
4.3.3.6 Official score on the examination of content knowledge for the Content Area Standard Certificate sought.
4.4 In order to retain the Certificate of Eligibility, the educator shall meet the requirements in subsections 4.4.1 through 4.4.5. If the educator fails to meet any of the requirements related to retaining the Certificate of Eligibility, the educator and the educator's employing authority shall immediately notify the Department in writing. The requirements set forth in this subsection apply to all educators regardless of the date the Certificate of Eligibility was issued.
4.4.1 The educator shall hold an Initial, Continuing, or Advanced License.
4.4.2 The educator shall continue to be employed as the educator of record for both of the Standard Certificates sought in a position in a Delaware traditional, vocational-technical, or charter school.
4.4.3 The educator shall continue to be enrolled and participating in the Department-approved ARTC program for teachers of students with disabilities.
4.4.4 The educator shall maintain satisfactory progress towards completion of all of the ARTC program's requirements.
4.4.5 The educator shall make progress toward completing the requirements of the content area Standard Certificate sought.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
##### **14 Del. Admin. Code § 1504-5.0** Certificate of Eligibility for Individuals Who Hold a Delaware Initial, Continuing, or Advanced License and Content Area Standard Certificate {#sec-1504-5.0 omnilex-key=us-de-regs-official--title-14--1504-5.0}
5.1 The Department may issue a Certificate of Eligibility to an applicant who meets the requirements in Section 3.0 and the applicant holds a valid content area Standard Certificate.
5.2 The Department may extend a Certificate of Eligibility that was issued pursuant to subsection 5.1 up to 2 times if the educator meets the requirements in subsections 5.2.1 through 5.2.6.
5.2.1 The educator shall hold a valid and current Delaware Initial, Continuing, or Advanced License.
5.2.2 The educator continues to seek 1 of the Standard Certificates in subsection 1.1 and has not met the requirements for issuance of the Standard Certificate sought but shall be making satisfactory progress towards the completion of all program requirements.
5.2.3 The educator holds a valid content area Standard Certificate.
5.2.4 The educator's employing authority and program recommend an extension based on the educator's performance in the assignment and progress in the program.
5.2.5 The educator shall be employed as the educator of record for the Standard Certificate sought in a position in a Delaware traditional, vocational-technical, or charter school.
5.2.6 The educator's employing authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
5.3 Application Requirements
5.3.1 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for a Certificate of Eligibility.
5.3.2 For applicants who seek a Certificate of Eligibility under subsection 5.1, the following documentation is required with the application:
5.3.2.1 Documentation that the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
5.3.2.2 A copy of the welcome letter from the applicant's ARTC program, documenting enrollment in the program in the area of need for students with disabilities for which the Standard Certificate is sought;
5.3.2.3 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a position in a Delaware traditional, vocational-technical, or charter school;
5.3.2.4 Documentation that the applicant's employing authority will support and assist the applicant in completing the requirements for the Standard Certificate sought; and
5.3.2.5 Documentation that the applicant holds a valid content area Standard Certificate.
5.3.3 For applicants who seek extension of a Certificate of Eligibility under subsection 5.2, the following documentation is required with the application:
5.3.3.1 Documentation that the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
5.3.3.2 A request from the applicant's employing authority, documenting that it recommends an extension based on the educator's performance in the assignment and progress in the program and that it will continue to support and assist the educator in completing the requirements for the Standard Certificate sought;
5.3.3.3 A letter from the educator's ARTC program, documenting that it recommends an extension based on the educator's performance in the assignment and progress in the program;
5.3.3.4 Documentation that the educator is employed as the educator of record for the Standard Certificate sought in a position in a Delaware traditional, vocational-technical, or charter school; and
5.3.3.5 Documentation the applicant holds a valid content area Standard Certificate.
5.4 In order to retain the Certificate of Eligibility, the educator shall meet the requirements in subsections 5.4.1 through 5.4.5. If the educator fails to meet any of the requirements related to retaining the Certificate of Eligibility, the educator and the educator's employing authority shall immediately notify the Department in writing. The requirements set forth in this subsection apply to all educators regardless of the date the Certificate of Eligibility was issued.
5.4.1 The educator shall hold an Initial, Continuing, or Advanced License.
5.4.2 The educator shall continue to be employed as the educator of record for the Standard Certificate sought in a position in a Delaware traditional, vocational-technical, or charter school.
5.4.3 The educator shall continue to be enrolled and participating in the Department-approved ARTC program for teachers of students with disabilities.
5.4.4 The educator shall maintain satisfactory progress towards completion of all of the ARTC program's requirements.
5.4.5 The educator shall hold a content area Standard Certificate.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
##### **14 Del. Admin. Code § 1504-6.0** Validity of a Certificate of Eligibility {#sec-1504-6.0 omnilex-key=us-de-regs-official--title-14--1504-6.0}
6.1 A Certificate of Eligibility is issued for up to 1 school year and expires on June 30th of the end of the school year it is issued unless it is revoked.
6.2 Certificates of Eligibility that have been issued for 3 consecutive school years may not be extended, including for educators who have switched ARTC programs. The educator shall meet the requirements for issuance of a Standard Certificate in the area of need for students with disabilities for which the Standard Certificate is sought. Upon successful completion of a Department-approved ARTC program to teach students with disabilities, an educator who subsequently enrolls in an ARTC program to teach students with disabilities that is in a different area of need may be issued a new Certificate of Eligibility.
6.3 Educators holding an active License without a current or valid certificate are not authorized to teach in a Delaware public school.
6.4 A Certificate of Eligibility may not be renewed or extended for a leave of absence.
6.5 A Certificate of Eligibility may not be extended for exigent circumstances.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
##### **14 Del. Admin. Code § 1504-7.0** Transfer of Certificate of Eligibility to a New Employing Authority {#sec-1504-7.0 omnilex-key=us-de-regs-official--title-14--1504-7.0}
The Department may approve the transfer of a Certificate of Eligibility from one employing authority to another if the new employing authority conducts an independent review of the educator's progress towards a Standard Certificate and assumes the commitments and responsibilities of an employing authority within this regulation.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
##### **14 Del. Admin. Code § 1504-8.0** Disciplinary Action {#sec-1504-8.0 omnilex-key=us-de-regs-official--title-14--1504-8.0}
8.1 An educator's Certificate of Eligibility may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the educator's failure to comply with the requirements related to the retention of the educator's Certificate of Eligibility.
8.2 An educator's Certificate of Eligibility shall be revoked if the educator's license is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
##### **14 Del. Admin. Code § 1504-9.0** Contact Information and Change of Name or Address {#sec-1504-9.0 omnilex-key=us-de-regs-official--title-14--1504-9.0}
9.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
9.2 An educator who legally changes the educator's name and wishes to change the name on the Certificate of Eligibility shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
9.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *27 DE Reg. 675 (03/01/24)*
- *21 DE Reg. 972 (06/01/18)*
- *27 DE Reg. 675 (03/01/24)*
### **1505** Standard Certificate (Repealed)
##### **14 Del. Admin. Code § 1505** Standard Certificate (Repealed) {#sec-1505 omnilex-key=us-de-regs-official--title-14--1505}
This regulation was repealed, effective April 11, 2023.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 629 (11/01/03)*
- *7 DE Reg. 1004 (02/01/04)*
- *7 DE Reg. 1742 (06/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *10 DE Reg. 1593 (04/01/07)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1375 (04/01/08)*
- *15 DE Reg. 1148 (02/01/12)*
- *26 DE Reg. 858 (04/01/23)*
### **1506** Emergency Certificate
##### **14 Del. Admin. Code § 1506-1.0** Content {#sec-1506-1.0 omnilex-key=us-de-regs-official--title-14--1506-1.0}
1.1 This regulation shall apply to the issuance, extension, and retention of an Emergency Certificate, pursuant to 14 Del.C. §1221(1).
1.2 This regulation does not apply to a certificate of eligibility, which is a credential that may be issued to a teacher of students with disabilities if the employing district or charter school establishes that the applicant meets the requirements of 14 Del.C. §1221(2). A certificate of eligibility, not an Emergency Certificate, may be issued to applicants who are pursuing the following Standard Certificates:
1.2.1 14 DE Admin. Code 1570 Early Childhood Exceptional Children Special Education Teacher;
1.2.2 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities;
1.2.3 14 DE Admin. Code 1573 Teacher of Students with Autism or with Severe Intellectual Disabilities;
1.2.4 14 DE Admin. Code 1574 Teacher of Students Who Are Deaf or Hard of Hearing; and
1.2.5 14 DE Admin. Code 1575 Teacher of Students with Visual Impairments.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-2.0** Definitions {#sec-1506-2.0 omnilex-key=us-de-regs-official--title-14--1506-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Content Area" means any subject or area that is not a category certificate. For the purpose of this regulation, Content Area does not include administrators or specialists.
"Department" means the Delaware Department of Education.
“Emergency Certificate” means a temporary credential issued by the Department to an applicant who is not fully certified in a specific area to serve as the educator of record in that area while the applicant pursues a Standard Certificate. An Emergency Certificate is not intended to qualify for certification as an educator in other states through reciprocity.
"Employing Authority" means any entity which employs educators and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her unfitness or otherwise.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Related Services" means supportive services as are required to assist a child with a disability to benefit from special education as provided in 34 C.F.R. §300.34(a) and includes counseling, school health, school nurse, psychological, and social work services.
"Specific Career Area" means a specific career area approved by the Department as a Career Technical Education Program as defined in the Skilled and Technical Sciences Certification Inventory or included in the Department's Skilled and Technical Sciences Standards. The Skilled and Technical Sciences Teacher Standard Certificate (14 DE Admin. Code 1559) is issued to applicants for Specific Career Areas.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed education, knowledge, or skill to practice in a particular area, teach a particular subject, or teach a category of students.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-3.0** Issuance of an Emergency Certificate {#sec-1506-3.0 omnilex-key=us-de-regs-official--title-14--1506-3.0}
3.1 In accordance with 14 Del.C. §1221(1), the Department may issue an Emergency Certificate to an applicant who satisfies all of the requirements in subsections 3.1.1 through 3.1.5.
3.1.1 The applicant shall meet the requirements for issuance of a Delaware Initial License or holds a valid and current Delaware Initial, Continuing, or Advanced License.
3.1.2 The applicant does not meet the requirements for issuance of the Standard Certificate sought.
3.1.3 The applicant shall be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
3.1.4 The applicant's Employing Authority will support and assist the applicant in completing the requirements for the Standard Certificate sought.
3.1.5 The applicant shall meet the requirements for the issuance of the applicable Emergency Certificate set forth in Sections 4.0, 5.0, 6.0, 7.0, or 8.0.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Emergency Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-4.0** Emergency Certificate for Individuals Who Completed Long-Term Substitute Teaching {#sec-1506-4.0 omnilex-key=us-de-regs-official--title-14--1506-4.0}
4.1 The Department may issue an Emergency Certificate to an applicant who meets the requirements in Section 3.0 and in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have completed a minimum of 91 days of successful long-term substitute teaching in a Delaware traditional, vocational-technical, or charter school as part of a planned hiring process that leads to a full-time position as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510.
4.1.2 The applicant shall have achieved the minimum score or higher on the examination of content knowledge for the Content Area Standard Certificate sought.
4.2 The Department may extend an Emergency Certificate that was issued to an educator pursuant to subsection 4.1 up to 2 times if the educator meets the requirements in subsections 4.2.1 through 4.2.5.
4.2.1 The educator shall hold a valid and current Delaware Initial, Continuing, or Advanced License.
4.2.2 The educator has not met the requirements for issuance of the Standard Certificate sought but the educator demonstrates that the educator is making progress toward meeting the requirements for the Standard Certificate to be issued by completing coursework.
4.2.3 The educator shall be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
4.2.4 The educator's Employing Authority recommends the extension.
4.2.5 The educator's Employing Authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
4.3 Application Requirements
4.3.1 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for an Emergency Certificate.
4.3.2 For applicants who seek issuance of an Emergency Certificate under subsection 4.1, the following documentation is required with the application:
4.3.2.1 Documentation that the applicant meets the requirements for issuance of a Delaware Initial License or holds a valid and current Delaware Initial, Continuing, or Advanced License;
4.3.2.2 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school;
4.3.2.3 Documentation that the applicant's Employing Authority will support and assist the applicant in completing the requirements for the Standard Certificate sought;
4.3.2.4 Documentation that the applicant completed a minimum of 91 days of successful long-term substitute teaching in a Delaware traditional, vocational-technical, or charter school as part of a planned hiring process that leads to a full-time position as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510; and
4.3.2.5 Official score on the examination of content knowledge for the Content Area Standard Certificate sought.
4.3.3 For applicants who seek extension of an Emergency Certificate under subsection 4.2, the following documentation is required with the application:
4.3.3.1 Documentation the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
4.3.3.2 Official transcript from the applicant's Regionally Accredited college or university or, if applicable, documents verifying successful completion of Department-approved professional development;
4.3.3.3 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school;
4.3.3.4 A request from the educator's Employing Authority to extend the educator's Emergency Certificate; and
4.3.3.5 Documentation that the applicant's Employing Authority will continue to support and assist the applicant in completing the requirements for the Standard Certificate sought.
4.4 In order to retain the Emergency Certificate, the educator shall hold an Initial, Continuing, or Advanced License and continue to be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school. If the educator fails to meet either of the requirements related to retaining the Emergency Certificate, the educator and the educator's Employing Authority shall immediately notify the Department in writing. The requirements set forth in this subsection apply to all educators regardless of the date the Emergency Certificate was issued.
4.5 If, during the school year, an educator is hired by a different Delaware traditional, vocational-technical, or charter school, the educator may retain the Emergency Certificate if the educator provides documentation to the Department that the educator is employed at the new Employing Authority as the educator of record for the Standard Certificate sought and the new Employing Authority provides documentation to the Department that it will support and assist the educator in completing the requirements for the Standard Certificate sought on time. If the educator becomes employed as the educator of record in an area that is different from the Standard Certificate sought, an application for an Emergency Certificate in the new area must be submitted.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-5.0** Emergency Certificate for Alternative Routes to Teacher Licensure and Certification (ARTC) Participants {#sec-1506-5.0 omnilex-key=us-de-regs-official--title-14--1506-5.0}
5.1 The Department may issue an Emergency Certificate to an applicant who meets the requirements in Section 3.0 and is enrolled in a Department-approved Alternative Routes for Teacher Licensure and Certification (ARTC) program in the area for which the Standard Certificate is sought.
5.2 The Department may extend an Emergency Certificate that was issued pursuant to subsection 5.1 up to 2 times if the educator meets the requirements in subsections 5.2.1 through 5.2.5.
5.2.1 The educator shall hold a valid and current Delaware Initial, Continuing, or Advanced License.
5.2.2 The educator has not met the requirements for issuance of the Standard Certificate sought but shall be making satisfactory progress towards the completion of all program requirements as provided in 14 Del.C. §1262(b)(1).
5.2.3 The educator's Employing Authority and program recommend an extension based on the educator's performance in the assignment and progress in the program.
5.2.4 The educator shall be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
5.2.5 The educator's Employing Authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
5.3 The Department may extend an Emergency Certificate that was issued pursuant to subsection 5.1 and extended pursuant to subsection 5.2 1 additional time if the educator meets the requirements in subsections 5.3.1 through 5.3.5.
5.3.1 The educator shall hold a valid and current Delaware Initial, Continuing, or Advanced License.
5.3.2 The educator has not met the requirements for issuance of the Standard Certificate sought and there shall be exigent circumstances as provided in 14 Del.C. §1262(d). For the purpose of 14 Del.C. §1262(d), exigent circumstances are defined in 14 DE Admin. Code 290 and are unanticipated circumstances or circumstances beyond the educator's control, including serious illness of the educator or a member of the educator's immediate family, activation to active military duty, and other serious emergencies which necessitate that the educator temporarily leaves active service.
5.3.3 The educator's Employing Authority and program recommend an extension based on the educator's performance in the assignment and progress in the program.
5.3.4 The educator shall be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
5.3.5 The educator's Employing Authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
5.4 Application Requirements
5.4.1 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for an Emergency Certificate.
5.4.2 For applicants who seek an Emergency Certificate under subsection 5.1, the following documentation is required with the application:
5.4.2.1 Documentation that the applicant meets the requirements for issuance of a Delaware Initial License or holds a valid and current Delaware Initial, Continuing, or Advanced License;
5.4.2.2 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school;
5.4.2.3 Documentation that the applicant's Employing Authority will support and assist the applicant in completing the requirements for the Standard Certificate sought; and
5.4.2.4 A copy of the welcome letter from the applicant's ARTC program, documenting enrollment in the program in the area for which the Standard Certificate is sought.
5.4.3 For applicants who seek extension of an Emergency Certificate under subsection 5.2, the following documentation is required with the application:
5.4.3.1 Documentation that the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
5.4.3.2 A request from the applicant's Employing Authority, documenting that it recommends an extension based on the educator's performance in the assignment and progress in the program and that it will continue to support and assist the educator in completing the requirements for the Standard Certificate sought;
5.4.3.3 A letter from the educator's ARTC program, documenting that it recommends an extension based on the educator's performance in the assignment and progress in the program; and
5.4.3.4 Documentation that the educator is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
5.4.4 For applicants who seek an extension of an Emergency Certificate under subsection 5.3, the following documentation is required is with the application:
5.4.4.1 Documentation that the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
5.4.4.2 Documentation of exigent circumstances;
5.4.4.3 A request from the applicant's Employing Authority, documenting that it recommends an extension based on the educator's performance in the assignment and progress in the program and that it will continue to support and assist the educator in completing the requirements for the Standard Certificate sought;
5.4.4.4 A letter from ARTC program documenting that it recommends an extension based on the educator's performance in the assignment and progress in the program; and
5.4.4.5 Documentation of position and employment in the area for which the Standard Certificate is sought.
5.5 In order to retain the Emergency Certificate, the educator shall meet the requirements in subsections 5.5.1 through 5.5.4. If the educator fails to meet any of the requirements related to retaining the Emergency Certificate, the educator and the educator's Employing Authority shall immediately notify the Department in writing. The requirements set forth in this subsection apply to all educators regardless of the date the Emergency Certificate was issued.
5.5.1 The educator shall hold an Initial, Continuing, or Advanced License.
5.5.2 The educator shall continue to be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
5.5.3 The educator shall continue to be enrolled and participating in the Department-approved ARTC program.
5.5.4 The educator shall maintain satisfactory progress towards completion of all of the ARTC program's requirements.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-6.0** Emergency Certificates for Administrators {#sec-1506-6.0 omnilex-key=us-de-regs-official--title-14--1506-6.0}
6.1 The Department may issue an Emergency Certificate to an applicant who meets the requirements in Section 3.0 and subsections 6.1.1 through 6.1.4.
6.1.1 The applicant seeks, but does not meet the requirements for, 1 of the following Standard Certificates:
6.1.1.1 School Principal and Assistant School Principal Standard Certificate (14 DE Admin. Code 1591);
6.1.1.2 Certified Central Office Personnel Standard Certificate (14 DE Admin. Code 1592);
6.1.1.3 Superintendent and Assistant Superintendent (14 DE Admin. Code 1593); or
6.1.1.4 Special Education Director (14 DE Admin. Code 1594).
6.1.2 The applicant shall have completed a minimum of 5 years of experience as an educator with satisfactory annual summative evaluations or the equivalent thereof on a state-approved educator evaluation system under a state credential in any PK-12 public school setting or an equivalent setting as approved by the Department.
6.1.3 The applicant shall be enrolled and participating in the second half of a program that leads to the Standard Certificate sought and shall have completed at least 50% of the program's requirements.
6.1.4 The applicant shall establish that the applicant has training and experience relevant to the Standard Certificate sought.
6.2 The Department may extend an Emergency Certificate that was issued to an educator pursuant to subsection 6.1 up to 2 times if the educator meets the requirements in subsections 6.2.1 through 6.2.5.
6.2.1 The educator shall hold a valid and current Delaware Initial, Continuing, or Advanced License.
6.2.2 The educator has not met the requirements for issuance of the Standard Certificate sought but the educator demonstrates that the educator shall be making progress toward meeting the requirements for the Standard Certificate to be issued.
6.2.3 The educator shall be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
6.2.4 The educator's Employing Authority recommends the extension.
6.2.5 The educator's Employing Authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
6.3 Application Requirements
6.3.1 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for an Emergency Certificate.
6.3.2 For applicants who seek issuance of an Emergency Certificate under subsection 6.1, the following documentation is required with the application:
6.3.2.1 Documentation that the applicant meets the requirements for issuance of a Delaware Initial License or holds a valid and current Delaware Initial, Continuing, or Advanced License;
6.3.2.2 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school;
6.3.2.3 Documentation that the applicant's Employing Authority will support and assist the applicant in completing the requirements for the Standard Certificate sought;
6.3.2.4 The Department-approved form verifying the applicant's completion of the experience requirement as provided in subsection 6.2;
6.3.2.5 Documentation that the applicant is enrolled and participating in a program that leads to the Standard Certificate sought; and
6.3.2.6 Documentation that the applicant has training and experience relevant to the Standard Certificate sought.
6.3.3 For applicants who seek extension of an Emergency Certificate under subsection 6.2, the following documentation is required with the application:
6.3.3.1 Documentation that the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
6.3.3.2 Documentation that the educator is making progress toward meeting the requirements for the Standard Certificate to be issued;
6.3.3.3 Documentation that the educator is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school; and
6.3.3.4 A request from the educator's Employing Authority, documenting that the Employing Authority recommends the extension and that it will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
6.4 In order to retain the Emergency Certificate, the educator shall meet the requirements in subsections 6.4.1 through 6.4.3. If the educator fails to meet any of the requirements related to retaining the Emergency Certificate, the educator and the educator's Employing Authority shall immediately notify the Department in writing. The requirements set forth in this subsection apply to all educators regardless of the date the Emergency Certificate was issued.
6.4.1 The educator shall hold an Initial, Continuing, or Advanced License.
6.4.2 The educator shall continue to be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
6.4.3 If the educator seeks a Standard Certificate that requires the educator to hold a professional State license or registration, the educator shall hold an active, unencumbered license, registration, or privilege to practice through a compact state license in the profession that is issued or recognized by the applicable State agency.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-7.0** Emergency Certificates for Specialists {#sec-1506-7.0 omnilex-key=us-de-regs-official--title-14--1506-7.0}
7.1 If the applicant is enrolled and participating in a Department-approved Alternative Routes for Teacher Licensure and Certification (ARTC) program in the area for which the Standard Certificate is sought, this section does not apply to the applicant. The applicant must meet the requirements of Section 5.0 of this regulation.
7.2 The Department may issue an Emergency Certificate to an applicant who meets the requirements in Section 3.0 and subsections 7.2.1 through 7.2.4.
7.2.1 The applicant seeks, but does not meet the requirements for, 1 of the following Standard Certificates:
7.2.1.1 Elementary School Counselor Standard Certificate (14 DE Admin. Code 1522);
7.2.1.2 Secondary School Counselor Standard Certificate (14 DE Admin. Code 1545);
7.2.1.3 School Reading Specialist Standard Certificate (14 DE Admin. Code 1581);
7.2.1.4 School Nurse Standard Certificate (14 DE Admin. Code 1582);
7.2.1.5 School Psychologist Standard Certificate (14 DE Admin. Code 1583); or
7.2.1.6 School Social Worker Standard Certificate (14 DE Admin. Code 1584).
7.2.2 The applicant shall not provide Related Services.
7.2.3 The applicant shall meet the requirements for issuance of an Emergency Certificate in the area sought as set forth in subsections 7.2.3.1 through 7.2.3.5.
7.2.3.1 If the applicant is applying for an Elementary School Counselor Emergency Certificate or a Secondary School Counselor Emergency Certificate, the applicant shall meet the requirements in subsections 7.2.3.1.1 through 7.2.3.1.3.
7.2.3.1.1 The applicant shall have completed the education requirement in subsection 4.1.1 of 14 DE Admin. Code 1522 Elementary School Counselor or 14 DE Admin. Code 1545 Secondary School Counselor, whichever is applicable.
7.2.3.1.2 An applicant who holds a content area Standard Certificate shall have completed the skills requirement in either subsection 4.2.3.1 or subsection 4.2.3.2 of 14 DE Admin. Code 1522 Elementary School Counselor or 14 DE Admin. Code 1545 Secondary School Counselor, whichever is applicable.
7.2.3.1.3 The applicant shall be supervised by a certified and practicing school counselor who works in the same building.
7.2.3.2 If the applicant is applying for a School Reading Specialist Emergency Certificate, the applicant shall have completed the education requirement in subsection 4.1.1.1 of 14 DE Admin. Code 1581 School Reading Specialist.
7.2.3.3 If the applicant is applying for a School Nurse Emergency Certificate, the applicant shall meet the requirements in subsections 7.2.3.3.1 through 7.2.3.3.4.
7.2.3.3.1 The applicant shall be enrolled in a bachelor's or master's of science in nursing program at a Regionally Accredited college or university.
7.2.3.3.2 The applicant shall hold an active, unencumbered license to practice as a registered nurse issued by the Delaware Board of Nursing or an active, unencumbered multi-state compact registered nurse license.
7.2.3.3.3 The applicant shall hold a valid and current certification in cardiopulmonary resuscitation (CPR) and automatic external defibrillator (AED) use.
7.2.3.3.4 The applicant shall be supervised by a certified and practicing school nurse who works in the same building.
7.2.3.4 If the applicant is applying for a School Psychologist Emergency Certificate, the applicant shall meet the requirements in subsections 7.2.3.4.1 through 7.2.3.4.3.
7.2.3.4.1 The applicant shall have completed the education requirement in subsection 4.1.1 of 14 DE Admin. Code 1583 School Psychologist.
7.2.3.4.2 The applicant shall have completed the skills requirement in subsection 4.1.3 of 14 DE Admin. Code 1583 School Psychologist.
7.2.3.4.3 The applicant shall be supervised by a certified and practicing school psychologist who works in the same building.
7.2.3.5 If the applicant is applying for a School Social Worker Emergency Certificate, the applicant shall meet the requirements in subsections 7.2.3.5.1 through 7.2.3.5.3.
7.2.3.5.1 The applicant shall have completed the education requirement in subsection 4.1.1 of 14 DE Admin. Code 1584 School Social Worker.
7.2.3.5.2 The applicant shall hold an active, unencumbered license to practice as a LCSW or LMSW issued by the Delaware Board of Social Work Examiners.
7.2.3.5.3 The applicant shall be supervised by a certified and practicing school social worker who works in the same district or charter school.
7.2.4 If an Emergency Certificate is issued to the applicant, parents of students within the applicant's responsibility shall be notified that the applicant holds an Emergency Certificate.
7.3 The Department may extend an Emergency Certificate that was issued to an educator pursuant to subsection 7.2 up to 2 times if the educator meets the requirements in subsections 7.3.1 through 7.3.6.
7.3.1 The educator shall hold a valid and current Delaware Initial, Continuing, or Advanced License.
7.3.2 The educator has not met the requirements for issuance of the Standard Certificate sought but the educator demonstrates that the educator shall be making progress toward meeting the requirements for the Standard Certificate to be issued.
7.3.3 The educator shall be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
7.3.4 The educator's Employing Authority recommends the extension.
7.3.5 The educator's Employing Authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
7.3.6 If the educator seeks a Standard Certificate that requires the educator to hold a professional State license or registration, the educator shall hold an active, unencumbered license, registration, or privilege to practice through a compact state license in the profession that is issued or recognized by the applicable State agency.
7.4 Application Requirements
7.4.1 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for an Emergency Certificate.
7.4.2 For applicants who seek issuance of an Emergency Certificate under subsection 7.2, the following documentation is required with the application:
7.4.2.1 Documentation that the applicant meets the requirements for issuance of a Delaware Initial License or holds a valid and current Delaware Initial, Continuing, or Advanced License;
7.4.2.2 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school;
7.4.2.3 Documentation that the applicant's Employing Authority will support and assist the applicant in completing the requirements for the Standard Certificate sought;
7.4.2.4 Documentation that the applicant will not provide Related Services;
7.4.2.5 Documentation that the applicant meets the requirements for issuance of an Emergency Certificate in the area sought as provided in subsection 7.2.3; and
7.4.2.6 Documentation that if an Emergency Certificate is issued to the applicant, parents of students within the applicant's responsibility will be notified that the applicant holds an Emergency Certificate.
7.4.3 For applicants who seek extension of an Emergency Certificate under subsection 7.3, the following documentation is required with the application:
7.4.3.1 Documentation that the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
7.4.3.2 Documentation that the educator is making progress toward meeting the requirements for the Standard Certificate to be issued;
7.4.3.3 Documentation that the educator is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school;
7.4.3.4 Documentation that the applicant will not provide Related Services;
7.4.3.5 A request from the educator's Employing Authority, documenting that the Employing Authority recommends the extension and that it will continue to support and assist the educator in completing the requirements for the Standard Certificate sought; and
7.4.3.6 If applicable, documentation that the educator holds an active, unencumbered license, registration, or privilege to practice through a compact state license in the profession that is issued or recognized by the applicable State agency.
7.5 In order to retain the Emergency Certificate, the educator shall meet the requirements in subsections 7.5.1 through 7.5.3. If the educator fails to meet any of the requirements related to retaining the Emergency Certificate, the educator and the educator's Employing Authority shall immediately notify the Department in writing. The requirements set forth in this subsection apply to all educators regardless of the date the Emergency Certificate was issued.
7.5.1 The educator shall hold an Initial, Continuing, or Advanced License.
7.5.2 The educator shall continue to be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
7.5.3 If the educator seeks a Standard Certificate that requires the educator to hold a professional State license or registration, the educator shall hold an active, unencumbered license, registration, or privilege to practice through a compact state license in the profession that is issued or recognized by the applicable State agency.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-8.0** Emergency Certificate for Skilled and Technical Sciences Teachers Who Qualify for Issuance of or Hold an Initial License {#sec-1506-8.0 omnilex-key=us-de-regs-official--title-14--1506-8.0}
8.1 The Department may issue an Emergency Certificate to an applicant who meets the requirements in Section 3.0 and subsections 8.1.1 through 8.1.4.
8.1.1 Notwithstanding the requirement in subsection 3.1.1, for the purpose of Section 8.0, the applicant shall meet the requirements for issuance of a Delaware Initial License or hold a valid and current Delaware Initial License. Applicants who hold a valid and current Delaware Continuing or Advanced License shall meet the requirements in Section 9.0 of this regulation.
8.1.2 The applicant shall have completed a minimum of 2 years of college or technical training.
8.1.3 In Specific Career Areas where a State license or registration is required by law, the applicant shall hold an active, unencumbered license, registration, or privilege to practice through a compact state license in the Specific Career Area for which the Standard Certificate is sought that is issued or recognized by the applicable State agency.
8.1.4 The applicant shall have completed 1 of the following experience requirements:
8.1.4.1 Six years of work experience in an area related to the Specific Career Area, at least 2 of which shall have been within the last 5 years prior to the date of the application; or
8.1.4.2 Six years of work experience by teaching in or direct supervision of educators in an area related to the Specific Career Area, at least 2 of which shall have been within the last 5 years prior to the date of the application.
8.2 The Department may extend an Emergency Certificate that was issued to an educator pursuant to subsection 8.1 up to 5 times if the educator meets the requirements in subsections 8.2.1 through 8.2.6.
8.2.1 The educator shall hold a valid and current Delaware Initial License.
8.2.2 In Specific Career Areas where a State license or registration is required by law, the educator shall hold an active, unencumbered license, registration, or privilege to practice through a compact state license in the Specific Career Area for which the Standard Certificate is sought that is issued or recognized by the applicable State agency.
8.2.3 The educator shall not have met the requirements for issuance of the Standard Certificate sought but the educator is on track to complete the coursework specified in Section 4.0 of 14 DE Admin. Code 1559 prior to the expiration of the educator's Initial License.
8.2.4 The educator shall be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
8.2.5 The educator's Employing Authority recommends the extension.
8.2.6 The educator's Employing Authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
8.3 Application Requirements
8.3.1 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for an Emergency Certificate.
8.3.2 For applicants who seek an Emergency Certificate under subsection 8.1, the following documentation is required with the application:
8.3.2.1 Documentation that the applicant meets the requirements for issuance of a Delaware Initial License or holds a valid and current Delaware Initial License;
8.3.2.2 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school;
8.3.2.3 Documentation that the applicant's Employing Authority will support and assist the applicant in completing the requirements for the Standard Certificate sought;
8.3.2.4 Official transcript from the applicant's Regionally Accredited college or university or, if applicable, documentation from the applicant's technical training or professional development provider;
8.3.2.5 In Specific Career Areas where a State license or registration is required by law, documentation that the applicant holds an active, unencumbered license, registration, or privilege to practice through a compact state license in the Specific Career Area for which the Standard Certificate is sought issued or recognized by the applicable State agency; and
8.3.2.6 The Department-approved form verifying the applicant's completion of the experience requirement as provided in subsection 8.1.3.
8.3.3 For applicants who seek extension of an Emergency Certificate under subsection 8.2, the following documentation is required with the application:
8.3.3.1 Documentation that the educator holds a valid and current Delaware Initial License;
8.3.3.2 In Specific Career Areas where a State license or registration is required by law, documentation that the educator holds an active, unencumbered license, registration, or privilege to practice through a compact state license in the Specific Career Area for which the Standard Certificate is sought that is issued or recognized by the applicable State agency;
8.3.3.3 Official transcript from the educator's Regionally Accredited college or university or, if applicable, documents verifying successful completion of Department-approved professional development;
8.3.3.4 Documentation that the educator is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school; and
8.3.3.5 A request from the applicant's Employing Authority, documenting that the educator's Employing Authority recommends the extension and that the Employing Authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
8.4 In order to retain the Emergency Certificate, the educator shall meet the requirements in subsections 8.4.1 through 8.4.3. If the educator fails to meet any of the requirements related to retaining the Emergency Certificate, the educator and the educator's Employing Authority shall immediately notify the Department in writing. The requirements set forth in this subsection apply to all educators regardless of the date the Emergency Certificate was issued.
8.4.1 The educator shall hold an Initial, Continuing, or Advanced License.
8.4.2 The educator shall continue to be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
8.4.3 If a State license or registration in the Specific Career Area is required by law, the educator shall hold an active, unencumbered license, registration, or privilege to practice through a compact state license that is issued or recognized by the applicable State agency in the Specific Career Area for which the Standard Certificate was issued.
8.5 If, during the school year, an educator is hired by a different Delaware traditional, vocational-technical, or charter school, the educator may retain the Emergency Certificate if the educator provides documentation to the Department that the educator is employed at the new Employing Authority as the educator of record for the Standard Certificate sought and the new Employing Authority provides documentation to the Department that it will support and assist the educator in completing the requirements for the Standard Certificate sought on time. If the educator becomes employed as the educator of record in an area that is different from the Standard Certificate sought, an application for an Emergency Certificate in the new area must be submitted.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-9.0** Emergency Certificate for Educators Who Already Hold a Content Area Standard Certificate {#sec-1506-9.0 omnilex-key=us-de-regs-official--title-14--1506-9.0}
9.1 The Department may issue an Emergency Certificate to an applicant who meets the requirements in Section 3.0, including applicants who hold a valid and current Delaware Continuing or Advanced License and seek a Skilled and Technical Sciences Teacher Standard Certificate.
9.2 The Department may extend an Emergency Certificate that was issued to an educator pursuant to subsection 9.1 up to 2 times if the educator meets the requirements in subsections 9.2.1 through 9.2.5.
9.2.1 The educator shall hold a valid and current Delaware Initial, Continuing, or Advanced License.
9.2.2 The educator has not met the requirements for issuance of the Standard Certificate sought but the educator demonstrates that the educator is making progress toward meeting the requirements for the Standard Certificate sought by completing coursework or achieving the minimum score on the examination of content knowledge.
9.2.3 The educator's Employing Authority recommends an extension based on the educator's performance and progress.
9.2.4 The educator shall be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
9.2.5 The educator's Employing Authority will continue to support and assist the educator in completing the requirements for the Standard Certificate sought.
9.3 Application Requirements
9.3.1 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for an Emergency Certificate.
9.3.2 For applicants who seek issuance of an Emergency Certificate under subsection 9.1, the following documentation is required with the application:
9.3.2.1 Documentation that the applicant meets the requirements for issuance of a Delaware Initial License or holds a valid and current Delaware Initial, Continuing, or Advanced License;
9.3.2.2 Documentation that the applicant is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school; and
9.3.2.3 Documentation that the applicant's Employing Authority will support and assist the applicant in completing the requirements for the Standard Certificate sought.
9.3.3 For applicants who seek an extension of an Emergency Certificate under subsection 9.2, the following documentation is required with the application:
9.3.3.1 Documentation that the educator holds a valid and current Delaware Initial, Continuing, or Advanced License;
9.3.3.2 Official transcript from the applicant's Regionally Accredited college or university or, if applicable, documents verifying successful completion of Department-approved professional development;
9.3.3.3 Official score on the examination of content knowledge for the Content Area Standard Certificate sought;
9.3.3.4 A request from the educator's Employing Authority, documenting that the Employing Authority recommends an extension based on the educator's performance and progress and that it will continue to support and assist the educator in completing the requirements for the Standard Certificate sought; and
9.3.3.5 Documentation that the educator is employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school.
9.4 In order to retain the Emergency Certificate, the educator shall hold an Initial, Continuing, or Advanced License and continue to be employed as the educator of record for the Standard Certificate sought in a PK-12 position in a Delaware traditional, vocational-technical, or charter school. If the educator fails to meet any of the requirements related to retaining the Emergency Certificate, the educator and the educator's Employing Authority shall immediately notify the Department in writing. The requirements set forth in this subsection apply to all educators regardless of the date the Emergency Certificate was issued.
9.5 If, during the school year, an educator is hired by a different Delaware traditional, vocational-technical, or charter school, the educator shall not retain the Emergency Certificate.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-10.0** Validity of an Emergency Certificate {#sec-1506-10.0 omnilex-key=us-de-regs-official--title-14--1506-10.0}
An Emergency Certificate is issued for up to 1 school year and expires on June 30th of the end of the school year it is issued unless it is revoked.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-11.0** Notification to Parents {#sec-1506-11.0 omnilex-key=us-de-regs-official--title-14--1506-11.0}
In accordance with 20 U.S.C. §6312(e)(1)(A)(i)(II) and 34 C.F.R. §200.61(a)(1)(ii), at the beginning of each school year, a local education agency that receives federal Title IA funds is required to notify the parents of each student attending a Title I school that the parents may request, and the local education agency will provide the parents on request and in a timely manner, information regarding the professional qualifications of the student's classroom teachers, including whether the teacher is teaching under emergency status through which State qualification or licensing criteria have been waived.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-12.0** Disciplinary Action {#sec-1506-12.0 omnilex-key=us-de-regs-official--title-14--1506-12.0}
12.1 An Educator's Emergency Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the Educator's failure to comply with the requirements related to the retention of the Educator's Emergency Certificate.
12.2 An Educator's Emergency Certificate shall be revoked if the Educator's license is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
12.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
##### **14 Del. Admin. Code § 1506-13.0** Contact Information and Change of Name or Address {#sec-1506-13.0 omnilex-key=us-de-regs-official--title-14--1506-13.0}
13.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
13.2 An Educator who legally changes the Educator's name and wishes to change the name on the Emergency Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
13.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 544 (10/01/05)*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *26 DE Reg. 1065 (06/01/23)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 555 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1412 (05/01/09)*
- *15 DE Reg. 1150 (02/01/12)*
- *20 DE Reg. 174 (09/01/16)*
- *26 DE Reg. 1065 (06/01/23)*
### **1507** Alternative Routes to Teacher Licensure and Certification Program (Repealed)
##### **14 Del. Admin. Code § 1507** Alternative Routes to Teacher Licensure and Certification Program (Repealed) {#sec-1507 omnilex-key=us-de-regs-official--title-14--1507}
This regulation was repealed, effective December 11, 2018.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 971 (12/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *13 DE Reg. 642 (11/01/09)*
- *22 DE Reg. 473 (12/01/18)*
### **1508** Special Institute for Teacher Licensure and Certification (Repealed)
##### **14 Del. Admin. Code § 1508** Special Institute for Teacher Licensure and Certification (Repealed) {#sec-1508 omnilex-key=us-de-regs-official--title-14--1508}
This regulation was repealed, effective June 11, 2020.
**History**
- *9 DE Reg. 1184 (02/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 624 (12/01/12)*
- *23 DE Reg. 1025 (06/01/20)*
### **1509** Meritorious New Teacher Candidate Designation (Repealed)
##### **14 Del. Admin. Code § 1509** Meritorious New Teacher Candidate Designation (Repealed) {#sec-1509 omnilex-key=us-de-regs-official--title-14--1509}
This regulation was repealed, effective June 11, 2020.
**History**
- *8 DE Reg. 446 (09/01/04)*
- *16 DE Reg. 625 (12/01/12)*
- *23 DE Reg. 1028 (06/01/20)*
### **1511** Continuing License
##### **14 Del. Admin. Code § 1511-1.0** Content {#sec-1511-1.0 omnilex-key=us-de-regs-official--title-14--1511-1.0}
This regulation shall apply to the issuance, renewal, and retention of a Continuing License for educators, pursuant to 14 Del.C. §§1211 and 1213.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-2.0** Definitions {#sec-1511-2.0 omnilex-key=us-de-regs-official--title-14--1511-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Action research" means a process by which educational issues and problems are identified and researched at either the school or the classroom level. By integrating current research into these settings and engaging the relevant educators in research activities, the findings can be applied immediately to solve the targeted problems more quickly.
"Activity Documentation Form" means the official form approved by the Department that includes specific details about the activity to be used for Continuing License renewal.
"Clock hours" means actual time spent in professional development or professional learning, not credit hours.
"Comprehensive educator induction program" means an educator induction program approved by the Department to provide mentoring, professional development, and professional learning for educators.
"Content Area Standard Certificate" means any subject or area that is not a category Standard Certificate, including 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities.
"Department" means the Delaware Department of Education.
"Educational project" means an individual professional growth project of 15 or more clock hours, including a research project not related to a course for which credit is claimed, completed to enhance the individual's professional practice, with the development of a final product or report.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations developed by the Standards Board, in consultation and cooperation with the Department, and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator's unfitness or otherwise.
“Micro-credential” means evidence-based professional learning activities that are competency-based, personalized, on-demand, and sharable.
"Professional development" means structured learning opportunities with specific outcomes, including a combination of learning, practice, feedback, and reflection designed to enhance knowledge, skills, insights, and perspectives and ultimately result in improved professional practice.
"Professional learning" means the process of ongoing growth and extends beyond professional development by including learning experiences that are sustained, intensive, collaborative, job-embedded, and data-driven.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"State" means State of Delaware.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-3.0** Issuance of a Continuing License {#sec-1511-3.0 omnilex-key=us-de-regs-official--title-14--1511-3.0}
3.1 In accordance with 14 Del.C. §1211, the Department shall issue a Continuing License to an applicant who:
3.1.1 Meets the requirements for issuance of a Continuing License as set forth in Section 4.0 of this regulation; or
3.1.2 Presents proof of a valid and current license or certificate as an educator from another state or jurisdiction whose requirements are substantially similar to the requirements in Section 4.0 of this regulation and completion of 4 or more years of experience as an educator; or
3.1.3 Meets the requirements for reciprocity as set forth in Section 5.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Continuing License if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-4.0** Requirements for a Continuing License {#sec-1511-4.0 omnilex-key=us-de-regs-official--title-14--1511-4.0}
4.1 Pursuant to 14 Del.C. §1211(b), the Department may issue a Continuing License to an applicant who has satisfied the requirements in subsections 4.1.1 through 4.1.3:
4.1.1 The applicant holds a Delaware Initial License.
4.1.2 The applicant completed the applicable comprehensive educator induction program and professional learning requirements as provided in 14 DE Admin. Code 1503 Comprehensive Educator Induction Programs.
4.1.3 The applicant did not receive more than 1 unsatisfactory annual evaluation during the period of the applicant's Initial License.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-5.0** Requirements for Reciprocity {#sec-1511-5.0 omnilex-key=us-de-regs-official--title-14--1511-5.0}
5.1 If an applicant is already licensed or certified as an educator in another state or jurisdiction, the applicant must meet the requirements in subsections 5.1.1 through 5.1.3 in order for the Department to issue a Continuing License:
5.1.1 The applicant shall hold a valid and current license or certificate as an educator.
5.1.2 The applicant shall have simultaneously applied for and met the requirements of at least 1 Content Area Standard Certificate. A Continuing License will not be issued if the applicant does not meet the requirements of the Content Area Standard Certificate sought or is ineligible for an Emergency Certificate.
5.1.3 The applicant shall have completed 4 or more years of experience as an educator.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-6.0** Requirements for Reissuance of an Expired Delaware Continuing License {#sec-1511-6.0 omnilex-key=us-de-regs-official--title-14--1511-6.0}
6.1 A Continuing License may be reissued without a gap in licensure to an applicant whose Continuing License lapsed, provided that within 30 days of the Continuing License's expiration date, the applicant submits a completed application and documentation of completion of 90 clock hours of professional development or professional learning during the term of the educator's Continuing License and prior to the date of the application. The application is not considered complete without submission of documentation of completion of 90 clock hours of professional development or professional learning.
6.2 A Continuing License may be reissued to an applicant whose Continuing License has been expired for more than 30 days provided the Continuing License has been expired for less than 5 years prior to the date of application and the applicant submits a completed application and documentation of completion of 90 clock hours of professional development or professional learning during the 5 years preceding the application date. The application is not considered complete without submission of documentation of completion of 90 clock hours of professional development or professional learning. Reissuance under subsection 6.2 results in a gap in licensure from the date the Continuing License expired to the date the Continuing License is reissued. During the gap in licensure, the individual does not hold a valid license to practice as an educator in a Delaware public school and is not permitted to practice instruction, administration, or other related professional support services in Delaware public schools.
6.3 A Continuing License may not be reissued to an applicant whose Delaware Continuing License has been expired 5 or more years prior to the date of the application and who is not eligible for reciprocity under Section 5.0. The applicant shall reapply for an Initial License and meet the requirements for issuance of an Initial License that are in effect at the time of the application.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-7.0** Application Requirements for Issuance of a Continuing License {#sec-1511-7.0 omnilex-key=us-de-regs-official--title-14--1511-7.0}
7.1 An applicant must disclose the applicant's criminal conviction history upon application for a Continuing License. Failure to disclose a criminal conviction history is grounds for denial of a Continuing License as specified in 14 Del.C. §1219.
7.2 The Department will not process an application for a Continuing License until the applicant has submitted all of the required documentation.
7.3 For applicants who are applying for the Continuing License under subsection 3.1.1, the following documentation is required:
7.3.1 Proof the applicant holds a Delaware Initial License; and
7.3.2 Proof the applicant completed the applicable comprehensive educator induction program and professional learning requirements; and
7.3.3 Proof the applicant did not receive more than 1 unsatisfactory annual evaluation during the period of the applicant's Initial License; and
7.3.4 Additional documentation as required by the Department.
7.4 For applicants who are applying for the Continuing License under subsection 3.1.2, the following documentation is required:
7.4.1 An official copy of the valid and current license or certificate; and
7.4.2 Proof the applicant completed 4 or more years of teaching experience; and
7.4.3 Additional documentation as required by the Department.
7.5 For applicants who are applying for the Continuing License under subsection 3.1.3, the following documentation is required:
7.5.1 An official copy of the valid and current license or certificate; and
7.5.2 Application and all required documentation for a Content Area Standard Certificate; and
7.5.3 Proof the applicant completed 4 or more years of teaching experience; and
7.5.4 Additional documentation as required by the Department.
7.6 For applicants who are applying for reissuance of the Continuing License under subsection 6.1, proof the applicant completed 90 clock hours of professional development or professional learning is required.
7.7 For applicants who are applying for reissuance of the Continuing License under subsection 6.2, the following documentation is required:
7.7.1 Proof the applicant previously held a Delaware Continuing License that expired; and
7.7.2 Proof the applicant has completed 90 clock hours of professional development or professional learning in the 5 years preceding the date of the application.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-8.0** Secretary of Education Review {#sec-1511-8.0 omnilex-key=us-de-regs-official--title-14--1511-8.0}
8.1 The Secretary of Education may, at the written request of a school district or charter school, review credentials submitted in an application for a Continuing License on an individual basis and grant a Continuing License to an applicant who otherwise does not meet the requirements for a Continuing License but whose effectiveness is documented by the school district or charter school.
8.2 The request shall be approved as provided in subsections 8.2.1 and 8.2.2.
8.2.1 For school districts, requests shall be approved by the superintendent of the school district.
8.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-9.0** Renewal of the Continuing License {#sec-1511-9.0 omnilex-key=us-de-regs-official--title-14--1511-9.0}
9.1 In order to continue practicing as an educator in a Delaware public school, an educator who holds a Continuing License shall renew the educator's Continuing License prior to the expiration date. Pursuant to 14 Del.C. §1212, the Department may renew an educator's Continuing License for an additional 5-year term if the educator completed 90 clock hours of professional development or professional learning during the term of the educator's Continuing License. Notwithstanding subsection 6.1, an individual whose Continuing License is not renewed and has expired does not hold a valid license to practice as an educator in a Delaware public school and is not permitted to practice instruction, administration, or other related professional support services in Delaware public schools.
9.1.1 Professional development and professional learning activities for renewal are listed in Section 10.0. The criteria for determining if a professional development or professional learning activity is acceptable for clock hour credit are set forth in subsections 9.1.1.1 through 9.1.1.4.
9.1.1.1 The activity must be 1 of the renewal activities in Section 10.0; and
9.1.1.2 The activity must be completed during the term of the educator's current Continuing License; and
9.1.1.3 Completion of the activity must be documented; and
9.1.1.4 The activity must meet 1 of the following criteria:
9.1.1.4.1 The activity enhances the educator's understandings and abilities in the educator's job, leading to more effective instruction, administration, or support, or contributes to the educator's school or profession. For applicants who change positions (grade levels, content areas, areas of supervisory responsibility, etc.) during the 5-year term of a Continuing License, clock hours documented shall have been appropriate to the educator's position at the time the clock hours were completed; or
9.1.1.4.2 The activity addresses 1 of the content standards for the educator's area of the profession; or
9.1.1.4.3 The activity addresses specific professional educator standards.
9.1.2 The educator is responsible for obtaining approval from the educator's employing authority before participating in a professional development or professional learning activity.
9.1.3 The educator is responsible for obtaining documentation of the educator's participation in and completion of a professional development or professional learning activity from the individual, school or school district, or other entity that organizes and conducts the activity.
9.1.4 Professional development and professional learning activities which fulfill the criteria for renewal for which educators receive compensation may be submitted in fulfillment of the 90 clock hour requirement for renewal.
9.2 Application for Renewal
9.2.1 An applicant must disclose the applicant's criminal conviction history upon application for renewal of a Continuing License. Failure to disclose a criminal conviction history is grounds for denial of a Continuing License as specified in 14 Del.C. §1219.
9.2.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application to renew a Continuing License if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
9.2.3 The Department will not process an application to renew a Continuing License until the applicant has submitted all of the required documentation. The following documentation is required to be submitted to the Department with the application for renewal of a Continuing License:
9.2.3.1 A completed renewal application; and
9.2.3.2 Documentation to verify participation in and completion of professional development or professional learning activities if required by the Department; and
9.2.3.3 Additional documentation as required by the Department.
9.2.4 Each activity must be verified by the applicant's employing authority as provided in Section 10.0. Even if an activity has been verified by the applicant's employing authority, the Department ultimately determines whether an activity satisfies the requirements for renewal of a Continuing License. If, at the time of application, the applicant is not employed by an employing authority in Delaware, the applicant must submit the documentation required to verify the applicant's participation in and completion of each activity to the Department as provided in Section 10.0.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-10.0** Professional Development and Professional Learning Activities for Renewal of a Continuing License {#sec-1511-10.0 omnilex-key=us-de-regs-official--title-14--1511-10.0}
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-11.0** Validity of a Continuing License {#sec-1511-11.0 omnilex-key=us-de-regs-official--title-14--1511-11.0}
11.1 For an applicant who applied for and met the requirements of the Continuing License under subsections 3.1.1, 3.1.2, or 3.1.3, the Continuing License is issued for a period of 5 years.
11.2 For an applicant who applied for and met the requirements for renewal of the applicant's Continuing License under Section 9.0, the Continuing License may be renewed for a 5-year period.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-12.0** Extension for Exigent Circumstances {#sec-1511-12.0 omnilex-key=us-de-regs-official--title-14--1511-12.0}
12.1 The Department may extend a Continuing License for a period not to exceed 1 year, upon the license holder's showing of exigent circumstances warranting the necessity of such extension. Exigent circumstances are unanticipated circumstances or circumstances beyond the license holder's control, including serious illness of the license holder or a member of the license holder's immediate family, activation to active military duty, and serious emergencies that necessitate the license holder's temporarily leaving active service as an educator.
12.2 A license holder whose Continuing License expires during the school year may have the Continuing License extended until the last day of the fiscal year upon a request from the public school district superintendent or charter school administrator. This extension shall be considered an exigent circumstance and shall not exceed 1 school year in length. Notwithstanding an extension, the effective date of any renewed license shall be the original expiration date.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-13.0** Requirements Related to Retention of the Continuing License {#sec-1511-13.0 omnilex-key=us-de-regs-official--title-14--1511-13.0}
13.1 In order to retain a Continuing License, the educator shall:
13.1.1 Hold at least 1 Standard Certificate and meet any requirements related to retention of the Standard Certificate.
13.1.2 For an educator who was issued a Continuing License under subsections 3.1.2 or 3.1.3, complete the applicable comprehensive educator induction program as provided in 14 DE Admin. Code 1503.
13.1.3 For an educator who is a new specialist or administrator, complete the applicable comprehensive educator induction program as provided in 14 DE Admin. Code 1503.
13.2 If an educator fails to meet any of the requirements related to retaining a Continuing License, the educator shall immediately notify the Department in writing.
13.3 The requirements set forth in subsection 13.1 apply to all educators regardless of the date the Initial License was issued.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-14.0** Disciplinary Action {#sec-1511-14.0 omnilex-key=us-de-regs-official--title-14--1511-14.0}
14.1 An educator's Continuing License may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the educator's failure to comply with the requirements related to the retention of a Continuing License as provided in Section 13.0.
14.2 An educator's Continuing License shall be revoked if the educator's Standard Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
14.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
##### **14 Del. Admin. Code § 1511-15.0** Contact Information and Change of Name or Address {#sec-1511-15.0 omnilex-key=us-de-regs-official--title-14--1511-15.0}
15.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
15.2 An educator who legally changes the educator's name and wishes to change the name on the Continuing License shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
15.3 An applicant or educator whose mailing address, email address, or phone number changes, shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *6 DE Reg. 518 (10/01/02)*
- *22 DE Reg. 63 (07/01/18)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
- *25 DE Reg. 958 (04/01/22)*
- *6 DE Reg. 518 (10/01/02)*
- *7 DE Reg. 197 (08/01/03)*
- *7 DE Reg. 1350 (04/01/04)*
- *10 DE Reg. 97 (07/01/06)*
- *13 DE Reg. 1084 (02/01/10)*
- *14 DE Reg. 295 (10/01/10)*
- *22 DE Reg. 63 (07/01/18)*
- *23 DE Reg. 40 (07/01/19)*
- *25 DE Reg. 958 (04/01/22)*
- *28 DE Reg. 297 (10/01/24)*
### **1512** Advanced License
##### **14 Del. Admin. Code § 1512-1.0** Content {#sec-1512-1.0 omnilex-key=us-de-regs-official--title-14--1512-1.0}
This regulation shall apply to the issuance, renewal, and retention of an Advanced License for Educators, pursuant to 14 Del.C. §1213 and §1214.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-2.0** Definitions {#sec-1512-2.0 omnilex-key=us-de-regs-official--title-14--1512-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Comprehensive Educator Induction Program" means an educator induction program approved by the Department to provide mentoring and professional development for Educators.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12, to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her unfitness or otherwise.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed education, knowledge, or skill to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-3.0** Issuance of an Advanced License {#sec-1512-3.0 omnilex-key=us-de-regs-official--title-14--1512-3.0}
3.1 In accordance with 14 Del.C. §1213, the Department shall issue an Advanced License to an applicant who meets the requirements for issuance of an Advanced License as set forth in Section 4.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Advanced License if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-4.0** Requirements for an Advanced License {#sec-1512-4.0 omnilex-key=us-de-regs-official--title-14--1512-4.0}
4.1 Pursuant to 14 Del.C. §1213, the Department may issue an Advanced License to an applicant who meets the requirements of subsections 4.1.1 and 4.1.2.
4.1.1 The applicant achieves and currently maintains National Board Certification from the National Board for Professional Teaching Standards.
4.1.2 The applicant holds a Standard Certificate issued by the Department.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-5.0** Application Requirements for Issuance of an Advanced License {#sec-1512-5.0 omnilex-key=us-de-regs-official--title-14--1512-5.0}
5.1 An applicant must disclose the applicant's criminal conviction history upon application for the issuance of an Advanced License. Failure to disclose a criminal conviction history is grounds for denial of an Advanced License as specified in 14 Del.C. §1219.
5.2 The Department will not process an application for an Advanced License until the applicant has submitted all of the required documentation.
5.3 The following documentation is required for applicants who are applying for the Advanced License:
5.3.1 Proof the applicant holds a certificate from the National Board for Professional Teaching Standards; and
5.3.2 Proof the applicant holds a Standard Certificate issued by the Department; and
5.3.3 Additional documentation as required by the Department.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-6.0** Renewal of the Advanced License {#sec-1512-6.0 omnilex-key=us-de-regs-official--title-14--1512-6.0}
6.1 In order to continue practicing as an educator in a Delaware public school, an Educator who holds an Advanced License shall renew the Educator's Advanced License prior to the expiration date. Pursuant to 14 Del.C. §1214, the Department may renew an Educator's Advanced License for up to 10 additional years if the Educator maintained proficiency through the National Board for Professional Teaching Standards. The term of renewal shall be the same as the balance of the term of the Educator's National Board for Professional Teaching Standards certificate.
6.2 Application for Renewal
6.2.1 An applicant must disclose the applicant's criminal conviction history upon application for renewal of an Advanced License. Failure to disclose a criminal conviction history is grounds for denial of an Advanced License as specified in 14 Del.C. §1219.
6.2.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application to renew an Advanced License if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
6.2.3 The Department will not process an application to renew an Advanced License until the applicant has submitted all of the required documentation. The following documentation is required to be submitted to the Department with the application for renewal of an Advanced License:
6.2.3.1 A completed renewal application; and
6.2.3.2 Proof of renewal of National Board for Professional Teaching Standards certificate or the applicable equivalent certificate; and
6.2.3.3 Additional documentation as required by the Department.
6.3 An applicant who elects not to renew the applicant's National Board for Professional Teaching Standards certificate or who fails to meet the recertification requirements set forth by the National Board for Professional Teaching Standards shall notify the Department and apply for a Continuing License if the applicant wants to continue practicing as an Educator in a Delaware public school.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-7.0** Validity of an Advanced License {#sec-1512-7.0 omnilex-key=us-de-regs-official--title-14--1512-7.0}
7.1 For an applicant who applied for and met the requirements of the Advanced License under Section 4.0, the Advanced License is issued for a period of up to 10 years. The term of the applicant's Advanced License shall be the same as the balance of the term of the applicant's National Board for Professional Teaching Standards certificate.
7.2 For an applicant who applied for and met the requirements for renewal of the applicant's Advanced License under Section 6.0, the Advanced License may be renewed for up to 10 years. The term of the applicant's Advanced License shall be the same as the balance of the term of the applicant's National Board for Professional Teaching Standards certificate.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-8.0** Extension for Exigent Circumstances {#sec-1512-8.0 omnilex-key=us-de-regs-official--title-14--1512-8.0}
8.1 The Department may extend an Advanced License for a period not to exceed 1 year, upon the license holder's showing of exigent circumstances warranting the necessity of such extension. Exigent circumstances are unanticipated circumstances or circumstances beyond the license holder's control, including serious illness of the license holder or a member of the license holder's immediate family, activation to active military duty, and serious emergencies that necessitate the license holder's temporarily leaving active service as an Educator.
8.2 A license holder whose Advanced License expires during the school year may have the Advanced License extended until the last day of the fiscal year upon a request from the public school district superintendent or charter school administrator. This extension shall be considered an exigent circumstance and shall not exceed 1 school year in length. Notwithstanding an extension, the effective date of any renewed license shall be the original expiration date.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-9.0** Leave of Absence {#sec-1512-9.0 omnilex-key=us-de-regs-official--title-14--1512-9.0}
9.1 An Educator who holds an Advanced License may take a leave of absence for up to 3 years with no effect upon the validity or expiration of the Educator's Advanced License if approved by the Department.
9.2 The Educator shall submit to the Department a request with documentation that the Educator is approved by the Educator's employing school district or charter school to take a leave of absence and the length of the leave of absence.
9.3 If the Department approves the Educator's request, the Educator's Advanced License will be frozen for an amount of time that is commensurate with the length of the leave of absence up to 3 years.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-10.0** Requirements Related to Retention of the Advanced License {#sec-1512-10.0 omnilex-key=us-de-regs-official--title-14--1512-10.0}
10.1 In order to retain an Advanced License, the Educator shall:
10.1.1 Hold at least one Standard Certificate and meet any requirements related to retention of the Standard Certificate.
10.1.2 Maintain the Educator's National Board for Professional Teaching Standards certificate.
10.1.3 For an Educator who is new to the state or new to an area, complete the applicable Comprehensive Educator Induction Program as provided in 14 DE Admin. Code 1503.
10.2 If an Educator fails to meet any of the requirements related to retaining an Advanced License, the Educator shall immediately notify the Department in writing.
10.3 The requirements set forth in subsection 10.1 apply to all Educators regardless of the date the Advanced License was issued.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-11.0** Disciplinary Action {#sec-1512-11.0 omnilex-key=us-de-regs-official--title-14--1512-11.0}
11.1 An Educator's Advanced License may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the Educator's failure to comply with the requirements related to the retention of an Advanced License as provided in Section 10.0.
11.2 An Educator's Advanced License shall be revoked if the Educator's Standard Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
11.3 An Educator whose license is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
##### **14 Del. Admin. Code § 1512-12.0** Contact Information and Change of Name or Address {#sec-1512-12.0 omnilex-key=us-de-regs-official--title-14--1512-12.0}
12.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
12.2 An Educator who legally changes the Educator's name and wishes to change the name on the Advanced License shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
12.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *26 DE Reg. 859 (04/01/23)*
- *6 DE Reg. 77 (07/01/02)*
- *7 DE Reg. 956 (01/01/04)*
- *13 DE Reg. 647 (11/01/09)*
- *19 DE Reg. 495 (12/01/15)*
- *20 DE Reg. 897 (05/01/17)*
- *26 DE Reg. 859 (04/01/23)*
### **1513** Denial of Licenses, Standard Certificates, and Permits
##### **14 Del. Admin. Code § 1513-1.0** Content {#sec-1513-1.0 omnilex-key=us-de-regs-official--title-14--1513-1.0}
This regulation shall apply to the denial of a license and standard certificate for educators pursuant to 14 Del.C. §1217 and a permit for paraprofessionals pursuant to 14 Del.C. §1205(b).
**History**
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *19 DE Reg. 496 (12/01/15)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *22 DE Reg. 478 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *19 DE Reg. 496 (12/01/15)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
##### **14 Del. Admin. Code § 1513-2.0** Definitions {#sec-1513-2.0 omnilex-key=us-de-regs-official--title-14--1513-2.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Advanced License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1213 and §1214.
"Continuing License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1211 and §1212.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator or paraeducator and may reasonably be found to impair an educator's or paraeducator’s effectiveness by reason of his or her unfitness or otherwise.
"Initial License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1210.
"Nolo Contendere" means a plea by a defendant in a criminal prosecution that, without admitting guilt, subjects him or her to conviction but does not preclude him or her from denying the truth of the charges in a collateral proceeding.
"Paraeducator" means a paraprofessional as it is used in 14 Del.C. §1205(b). Paraeducators are not "educators" within the meaning of 14 Del.C. §1202(5).
"Permit" means a document issued by the Department that verifies an individual's qualifications and training to serve as a Title I, Instructional, or Service Paraeducator.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *19 DE Reg. 496 (12/01/15)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *22 DE Reg. 478 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *19 DE Reg. 496 (12/01/15)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
##### **14 Del. Admin. Code § 1513-3.0** Grounds for Denial {#sec-1513-3.0 omnilex-key=us-de-regs-official--title-14--1513-3.0}
3.1 The Department may deny an application and refuse to issue a license, standard certificate, or permit based on one or more of the following grounds:
3.1.1 Failure to meet the qualifications for an Initial License as provided in 14 DE Admin. Code 1510 Issuance of Initial License;
3.1.2 Failure to meet the qualifications for a Continuing License as provided in 14 DE Admin. Code 1511 Issuance and Renewal of Continuing License;
3.1.3 Failure to meet the qualifications for an Advanced License as provided in 14 DE Admin. Code 1512 Issuance and Renewal of Advanced License;
3.1.4 Failure to meet the qualifications for a Paraeducator Permit as provided in 14 DE Admin. Code 1517 Paraeducator Permit; or
3.1.5 Failure to meet the qualifications for the standard certificate sought as provided in the applicable regulation:
3.1.5.1 14 DE Admin. Code 1520 Early Childhood Teacher;
3.1.5.2 14 DE Admin. Code 1521 Elementary Teacher;
3.1.5.3 14 DE Admin. Code 1522 Elementary School Counselor;
3.1.5.4 14 DE Admin. Code 1531 Middle Level English Language Arts Teacher;
3.1.5.5 14 DE Admin. Code 1532 Middle Level Mathematics Teacher;
3.1.5.6 14 DE Admin. Code 1533 Middle Level Science Teacher;
3.1.5.7 14 DE Admin. Code 1534 Middle Level Social Studies Teacher;
3.1.5.8 14 DE Admin. Code 1539 Health Education Teacher;
3.1.5.9 14 DE Admin. Code 1540 Secondary English Language Arts Teacher;
3.1.5.10 14 DE Admin. Code 1542 Secondary Mathematics Teacher;
3.1.5.11 14 DE Admin. Code 1543 Secondary Science Teacher;
3.1.5.12 14 DE Admin. Code 1544 Secondary Social Studies Teacher;
3.1.5.13 14 DE Admin. Code 1545 Secondary School Counselor;
3.1.5.14 14 DE Admin. Code 1549 Dance Teacher;
3.1.5.15 14 DE Admin. Code 1550 AgriScience Teacher;
3.1.5.16 14 DE Admin. Code 1551 Business Education Teacher;
3.1.5.17 14 DE Admin. Code 1553 Driver Education and Traffic Safety Education Teacher;
3.1.5.18 14 DE Admin. Code 1554 Family and Consumer Sciences Teacher;
3.1.5.19 14 DE Admin. Code 1555 Marketing Education Teacher;
3.1.5.20 14 DE Admin. Code 1556 School to Work Transition Teacher;
3.1.5.21 14 DE Admin. Code 1557 Technology Education Teacher;
3.1.5.22 14 DE Admin. Code 1558 Theater Teacher;
3.1.5.23 14 DE Admin. Code 1559 Skilled and Technical Sciences Teacher;
3.1.5.24 14 DE Admin. Code 1560 Art Teacher;
3.1.5.25 14 DE Admin. Code 1561 Bilingual Teacher;
3.1.5.26 14 DE Admin. Code 1562 Teacher of English Learners;
3.1.5.27 14 DE Admin. Code 1563 Music Teacher;
3.1.5.28 14 DE Admin. Code 1564 Physical Education Teacher;
3.1.5.29 14 DE Admin. Code 1565 World Language Teacher;
3.1.5.30 14 DE Admin. Code 1570 Early Childhood Exceptional Children Special Education Teacher;
3.1.5.31 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities;
3.1.5.32 14 DE Admin. Code 1572 Teacher of Students Who Are Gifted and Talented;
3.1.5.33 14 DE Admin. Code 1573 Teacher of Students with Autism or with Severe Intellectual Disabilities;
3.1.5.34 14 DE Admin. Code 1574 Teacher of Students Who Are Deaf or Hard of Hearing;
3.1.5.35 14 DE Admin. Code 1575 Teacher of Students with Visual Impairments;
3.1.5.36 14 DE Admin. Code 1580 School Library Media Specialist;
3.1.5.37 14 DE Admin. Code 1581 School Reading Specialist;
3.1.5.38 14 DE Admin. Code 1582 School Nurse;
3.1.5.39 14 DE Admin. Code 1583 School Psychologist;
3.1.5.40 14 DE Admin. Code 1584 School Social Worker;
3.1.5.41 14 DE Admin. Code 1591 School Principal and Assistant School Principal;
3.1.5.42 14 DE Admin. Code 1592 Certified Central Office Personnel;
3.1.5.43 14 DE Admin. Code 1593 Superintendent and Assistant Superintendent; or
3.1.5.44 14 DE Admin. Code 1594 Special Education Director; or
3.1.6 For any of the following causes:
3.1.6.1 Obtaining or attempting to obtain a license, certificate, or permit by fraudulent means or through misrepresentation of material facts;
3.1.6.2 Falsifying official school records, documents, statistics, or reports;
3.1.6.3 Knowingly violating any of the provisions of the state assessment system set forth in 14 Del.C. §172;
3.1.6.4 Pleading guilty or Nolo Contendere with respect to, or is convicted of, any crime against a child constituting a misdemeanor, except for unlawful sexual contact in the third degree in violation of 11 Del.C. §767;
3.1.6.5 Pleading guilty or Nolo Contendere with respect to, or is convicted of, possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV, or V of 16 Del.C. Ch. 47;
3.1.6.6 Immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty, or misconduct involving any cause for suspension or revocation of a license, certificate, or permit;
3.1.6.7 Having a license, certificate, or permit suspended, revoked, or voluntarily surrendered in another jurisdiction for cause which would be grounds for suspension or revocation;
3.1.6.8 Pleading guilty or Nolo Contendere with respect to, or is convicted of, any of the following:
3.1.6.8.1 Any crime constituting the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance or counterfeit controlled substance as classified in Schedule I, II, II, IV, or V of 16 Del.C. Ch. 47;
3.1.6.8.2 Any crime constituting a violent felony as defined in 11 Del.C. §4201(c);
3.1.6.8.3 Any crime against a child constituting a felony, or unlawful sexual contact in the third degree in violation of in violation of 11 Del.C. §767;
3.1.6.8.4 Any crime constituting a felony sexual offense;
3.1.6.8.5 Any crime constituting a felony offense against public administration involving bribery, improper influence, or abuse of office; or
3.1.6.9 Committing a sexual offense against a child.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *19 DE Reg. 496 (12/01/15)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *22 DE Reg. 478 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *19 DE Reg. 496 (12/01/15)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
##### **14 Del. Admin. Code § 1513-4.0** Right to Hearing, Burden of Proof, and Standards Board Hearing Procedures {#sec-1513-4.0 omnilex-key=us-de-regs-official--title-14--1513-4.0}
4.1 The Department shall not take action to deny a license, a standard certificate, or a permit without providing the applicant with written notice of the reasons for denial and an opportunity for a full and fair hearing before the Standards Board.
4.2 The burden of proof in a license, standard certificate, or permit denial action shall be on the applicant to show by a preponderance of the evidence that he or she should not be denied a license, standard certificate, or permit because he or she meets the qualifications for a license, standard certificate, or permit pursuant to the applicable laws and regulations or he or she did not engage in misconduct as provided in subsection 3.1.6.
4.3 Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *19 DE Reg. 496 (12/01/15)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *22 DE Reg. 478 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
- *7 DE Reg. 161 (08/01/03)*
- *9 DE Reg. 138 (07/01/05)*
- *12 DE Reg. 1307 (04/01/09)*
- *19 DE Reg. 496 (12/01/15)*
- *22 DE Reg. 478 (12/01/18)*
- *23 DE Reg. 760 (03/01/20)*
### **1514** Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits
##### **14 Del. Admin. Code § 1514-1.0** Content {#sec-1514-1.0 omnilex-key=us-de-regs-official--title-14--1514-1.0}
This regulation shall apply to limiting, suspending, and revoking licenses and certificates for educators pursuant to 14 Del.C. §1218 and permits for paraprofessionals pursuant to 14 Del.C. §1205(b).
**History**
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 553 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *19 DE Reg. 498 (12/01/15)*
- *22 DE Reg. 481 (12/01/18)*
##### **14 Del. Admin. Code § 1514-2.0** Definitions {#sec-1514-2.0 omnilex-key=us-de-regs-official--title-14--1514-2.0}
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Advanced License" means a license issued as part of the three-tiered licensure system set forth in 14 Del.C. §1213 and §1214.
"Continuing License" means a license issued as part of the three-tiered license system set forth in 14 Del.C. §1211 and §1212.
"Department" means the Delaware Department of Education.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator or paraeducator and may reasonably be found to impair an educator's or paraeducator’s effectiveness by reason of his or her unfitness or otherwise.
"Initial License" means a license issued as part of the three-tiered licensure system set forth in 14 Del.C. §1210.
"Nolo Contendere" means a plea by a defendant in a criminal prosecution that, without admitting guilt, subjects him or her to conviction but does not preclude him or her from denying the truth of the charges in a collateral proceeding.
"Nolle Prosequi" means an entry on the record of a legal action denoting that the prosecutor or plaintiff will proceed no further in his or her action or suit either as a whole or as to some count or as to one or more of several defendants.
"Permit" means a document issued by the Department that verifies an individual's qualifications and training to serve as a Title I, Instructional, or Service Paraeducator.
"Secretary" means the Secretary of the Delaware Department of Education.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 553 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *19 DE Reg. 498 (12/01/15)*
- *22 DE Reg. 481 (12/01/18)*
##### **14 Del. Admin. Code § 1514-3.0** Causes for Limiting, Suspending, and Revoking Licenses, Certificates, and Permits {#sec-1514-3.0 omnilex-key=us-de-regs-official--title-14--1514-3.0}
3.1 The Secretary, or the Standards Board after a hearing, may limit, suspend, or revoke an Initial License, a Continuing License, an Advanced License, a Standard Certificate, or a Permit for any of the following causes:
3.1.1 Obtaining or attempting to obtain a license, certificate, or permit by fraudulent means or through misrepresentation of material facts;
3.1.2 Falsifying official school records, documents, statistics, or reports;
3.1.3 Knowingly violating any of the provisions of the state assessment system set forth in 14 Del.C. §172;
3.1.4 Pleading guilty or Nolo Contendere with respect to, or is convicted of, any crime against a child constituting a misdemeanor, except for unlawful sexual contact in the third degree in violation of 11 Del.C. §767;
3.1.5 Pleading guilty or Nolo Contendere with respect to, or is convicted of, possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV, or V of 16 Del.C. Ch. 47;
3.1.6 Immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty, or misconduct involving any cause for suspension or revocation of a license or permit;
3.1.7 Having a license, certificate, or permit suspended, revoked, or voluntarily surrendered in another jurisdiction for cause which would be grounds for suspension or revocation;
3.1.8 Failing to comply with any of the mandatory notice provisions set forth in 14 Del.C. §1218(g); or
3.1.9 Failing to comply with any of the statutory or regulatory requirements for maintaining a license, certificate, or permit.
3.2 The Secretary, or the Board after a hearing, shall revoke an Initial License, a Continuing License, an Advanced License, a Standard Certificate, or a Permit for the following causes:
3.2.1 Pleading guilty or Nolo Contendere with respect to, or is convicted of, any of the following:
3.2.1.1 Any crime constituting the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance or counterfeit controlled substance as classified in Schedule I, II, II, IV, or V of 16 Del.C. Ch. 47;
3.2.1.2 Any crime constituting a violent felony as defined in 11 Del.C. 4201(c);
3.2.1.3 Any crime against a child constituting a felony, or unlawful sexual contact in the third degree in violation of in violation of 11 Del.C. §767;
3.2.1.4 Any crime constituting a felony sexual offense;
3.2.1.5 Any crime constituting a felony offense against public administration involving bribery, improper influence, or abuse of office; or
3.2.2 Committing a sexual offense against a child.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 553 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *19 DE Reg. 498 (12/01/15)*
- *22 DE Reg. 481 (12/01/18)*
##### **14 Del. Admin. Code § 1514-4.0** Limitation of Licenses and Permits {#sec-1514-4.0 omnilex-key=us-de-regs-official--title-14--1514-4.0}
4.1 If any of the causes listed in Section 3.0 are determined, the Secretary or the Standards Board after a hearing, may put limitations on a license, certificate or permit that include:
4.1.1 Restrictions on the ages of students with whom the license, certificate, or permit holder may work; or
4.1.2 Additional supervision requirements; or
4.1.3 Education, counseling or psychiatric examination requirements.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 553 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *19 DE Reg. 498 (12/01/15)*
- *22 DE Reg. 481 (12/01/18)*
##### **14 Del. Admin. Code § 1514-5.0** Suspension of Licenses and Permits {#sec-1514-5.0 omnilex-key=us-de-regs-official--title-14--1514-5.0}
5.1 A license, certificate or permit may be suspended for a period of time not to exceed five (5) years.
5.1.1 The license, certificate or permit may be reinstated by the Secretary, upon written request, with verification that the license or permit holder has satisfied all of the requirements for license or permit renewal in effect at the time of the request.
5.1.2 If the license or permit expired during the period of suspension, the holder of the former license or permit may reapply for the same tier license or type of permit that was suspended but shall meet the license or permit requirements that are in effect at the time of the application.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 553 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *19 DE Reg. 498 (12/01/15)*
- *22 DE Reg. 481 (12/01/18)*
##### **14 Del. Admin. Code § 1514-6.0** Automatic Suspension after Arrest or Indictment {#sec-1514-6.0 omnilex-key=us-de-regs-official--title-14--1514-6.0}
6.1 The Secretary may automatically suspend any license or permit without a prior hearing if the license or permit holder is arrested or indicted by a grand jury for a violent felony as defined in 11 Del.C. §4201(c) or for any crime against a child constituting a felony. The suspension is effective on the date of the license or permit holder’s arrest or indictment.
6.2 Temporary Order
6.2.1 The Secretary shall issue a written temporary order of suspension to the license or permit holder at his or her last known address.
6.2.1.1 The order of suspension shall remain in effect until the Secretary or the Standards Board, after a hearing, issues a final order.
6.3 Expedited Hearing
6.3.1 A license or permit holder may request an expedited hearing before the Standards Board within 20 calendar days from the date the notice of the Secretary's decision to temporarily suspend the holder's license or permit was mailed. The request shall be mailed by certified mail to the Standards Board's Executive Director.
6.3.2 In the event that the license or permit holder requests an expedited hearing, the Standards Board shall convene a hearing within 90 calendar days of the receipt of such a request.
6.3.3 The order of suspension is temporary pending resolution of the criminal charges. Therefore, an expedited hearing under this subsection shall be limited to whether the license or permit holder had been arrested or indicted for a violent felony or for any crime against a child constituting a felony.
6.4 Revocation after Conviction
6.4.1 If the license or permit holder pleads guilty or Nolo Contendere with respect to, or is convicted of, a violent felony as defined in 11 Del.C. §4201(c) or any crime against a child constituting a felony, the Secretary shall proceed with revocation.
6.5 Resolution of Charges without Conviction
6.5.1 If the license or permit holder is found not guilty of the underlying criminal charges, a Nolle Prosequi is entered on the record by the State, or the charges are otherwise dismissed by the Court, the license or permit holder may file a written request for license or permit reinstatement, including documentation of the final status of the judicial proceeding, and his or her license or permit shall be reinstated if still valid.
6.5.2 If the license or permit expired during the period of suspension, the holder of the former license or permit may reapply for the same tier license or type of permit that was suspended but shall meet the license or permit requirements that are in effect at the time of the application.
6.5.3 The Secretary may limit, suspend, or revoke the license or permit for any of the following causes set forth in Section 3.0 of this regulation.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 553 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *19 DE Reg. 498 (12/01/15)*
- *22 DE Reg. 481 (12/01/18)*
##### **14 Del. Admin. Code § 1514-7.0** Right to Hearing, Burden of Proof, and Standards Board Hearings and Procedures {#sec-1514-7.0 omnilex-key=us-de-regs-official--title-14--1514-7.0}
7.1 The Secretary shall not take action to limit, suspend, or revoke a license, certificate, or permit under Section 3.0 without providing the person with written notice of the charges and an opportunity for a full and fair hearing before the Standards Board.
7.1.1 The notice shall be personally delivered or sent by certified mail to the person's last known address.
7.2 The burden of proof in a license, certificate, or permit disciplinary action shall be on the Department to establish by preponderance of the evidence that the license, certificate, or permit holder has engaged in misconduct as provided in Section 3.0.
7.3 Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 553 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *7 DE Reg. 161 (08/01/03)*
- *7 DE Reg. 627 (11/01/03)*
- *9 DE Reg. 542 (10/01/05)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *22 DE Reg. 481 (12/01/18)*
- *12 DE Reg. 1311 (04/01/09)*
- *19 DE Reg. 498 (12/01/15)*
- *22 DE Reg. 481 (12/01/18)*
### **1515** Hearing Procedures and Rules
##### **14 Del. Admin. Code § 1515-1.0** Applicability, Construction, and Waiver {#sec-1515-1.0 omnilex-key=us-de-regs-official--title-14--1515-1.0}
1.1 This regulation shall apply to license, certificate, and permit denial actions under 14 Del.C. §§1205(b) and 1217 and license, certificate, and permit disciplinary actions under 14 Del.C. §§1205(b) and 1218.
1.2 The Standards Board may waive any of the procedures and rules in this regulation upon application or upon its own initiative for good cause and to the extent consistent with the law.
**History**
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
- *23 DE Reg. 764 (03/01/20)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *21 DE Reg. 720 (03/01/18)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
##### **14 Del. Admin. Code § 1515-2.0** Definitions {#sec-1515-2.0 omnilex-key=us-de-regs-official--title-14--1515-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Executive Director" means the Executive Director of the Delaware Professional Standards Board.
"Secretary" means the Secretary of the Delaware Department of Education.
"Standards Board" means the Delaware Professional Standards Board established pursuant to 14 Del.C. §1201 or its designee.
**History**
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
- *23 DE Reg. 764 (03/01/20)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *21 DE Reg. 720 (03/01/18)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
##### **14 Del. Admin. Code § 1515-3.0** License, Certificate, and Permit Denial Actions {#sec-1515-3.0 omnilex-key=us-de-regs-official--title-14--1515-3.0}
3.1 Requests for a Hearing
3.1.1 An applicant may request a hearing by sending a request to the Executive Director.
3.1.2 The request must be sent within 20 calendar days from the date that the Department's notice was sent to the applicant.
3.1.3 The hearing will be scheduled in accordance with the Administrative Procedures Act (29 Del.C. Ch. 101).
3.1.4 Notice of the date, time, and place of the hearing shall be mailed to the applicant.
3.2 Prehearing Procedures and Rules
3.2.1 Subpoena Requests
3.2.1.1 Requests for subpoenas for witnesses and other sources of evidence shall be mailed or hand-delivered to the Executive Director at least 15 business days before the date of the hearing.
3.2.1.1.1 Requests for subpoenas for witnesses shall specify the witness' name and address.
3.2.1.1.2 Requests for subpoenas for other sources of evidence shall specify the person or entity to whom the subpoena is directed, the person or entity's address, and the date by which the person or entity is to respond to the request.
3.2.1.2 The Standards Board shall issue subpoenas in accordance with the law.
3.2.1.3 The applicant is responsible for delivering the subpoena to the person or entity to whom the subpoena is directed. Proof of service of a subpoena shall be mailed or hand-delivered to the Standards Board.
3.2.2 Witness List. A written list of witnesses the applicant intends to call during a hearing shall be mailed or hand-delivered to the Executive Director at least 5 business days prior to the hearing.
3.2.3 Continuances, Adjournments, and Postponements. The Standards Board may continue, adjourn, or postpone proceedings for good cause at the request of an applicant or on its own initiative.
3.3 Hearing Procedures and Rules
3.3.1 The applicant has the burden of proof.
3.3.2 The Standards Board may permit the applicant to present opening and closing statements.
3.3.3 The Standards Board may take testimony, hear proof, and receive exhibits into evidence at a hearing.
3.3.3.1 Strict rules of evidence shall not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.
3.3.3.2 The Standards Board may exclude plainly irrelevant, immaterial, insubstantial, cumulative, and privileged evidence and limit unduly repetitive proof, rebuttal, and cross-examination in accordance with 29 Del.C. §10125(b).
3.3.4 Testimony shall be under oath or affirmation. The Standards Board may administer oaths to witnesses.
3.3.5 Any person who testifies as a witness shall also be subject to questions by the Standards Board.
3.3.6 Any document introduced into evidence at the hearing shall be marked by the Standards Board and shall be made a part of the record of the hearing.
3.4 Post-hearing Rules and Procedures
3.4.1 The Standards Board may direct an applicant to submit a post-hearing brief. Post-hearing briefs shall be filed as directed by the Standards Board.
3.4.2 If the Standards Board has designated a hearing officer, the hearing officer shall prepare a proposed order in accordance with 29 Del.C. §10126.
3.4.3 The applicant shall have 20 calendar days from the date the proposed order is delivered to the applicant to submit in writing to the Standards Board any exceptions, comments, and arguments respecting the proposed order.
3.4.4 The Standards Board shall consider the entire record of the case, the hearing officer's proposed order, and any written exceptions, comments, and arguments thereto in reaching its final decision. The Standards Board’s decision shall be incorporated in a final order which is signed and mailed to the applicant.
**History**
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
- *23 DE Reg. 764 (03/01/20)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *21 DE Reg. 720 (03/01/18)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
##### **14 Del. Admin. Code § 1515-4.0** License, Certificate, and Permit Disciplinary Actions {#sec-1515-4.0 omnilex-key=us-de-regs-official--title-14--1515-4.0}
4.1 Requests for a Hearing
4.1.1 An educator may request a hearing by mailing or hand-delivering a request to the Executive Director.
4.1.2 The request shall:
4.1.2.1 Be in writing;
4.1.2.2 Be signed by the educator or the educator’s counsel;
4.1.2.3 Set forth the grounds for action in reasonable detail; and
4.1.2.4 Provide the educator's preferred mailing address, phone number, and e-mail address.
4.1.3 Requests must be sent within 30 calendar days from the date that the Secretary's notice was sent to the educator.
4.1.4 Upon receipt of a request that meets all of the requirements set forth in subsection 4.1.2, the Standards Board may decide to conduct the hearing itself or designate a hearing officer from a list of hearing officers approved by the Standards Board to conduct the hearing. The hearing officer designated shall have the same authority, powers, and duties as the Standards Board for the purpose of conducting the hearing.
4.2 Prehearing Procedures and Rules
4.2.1 Scheduling the Hearing
4.2.1.1 Generally, hearings are scheduled for 1 full day from 8:30 a.m. to 4:30 p.m.
4.2.1.2 Requests for Additional Time
4.2.1.2.1 If a party believes that the presentation of the party’s case cannot reasonably be accomplished in one half of the allotted time or less, then the party may mail or hand-deliver a written request for additional time to the Executive Director within 10 days of receipt of the notice of hearing. The request shall specify the reasons for the request. The party shall provide a copy of the request to the other party at the same time.
4.2.1.2.2 The Standards Board may grant the request upon a showing of good cause.
4.2.2 Notice of the Hearing. Notice of the date, time, and place of the hearing shall be mailed to the educator.
4.2.3 Requests for a Public Hearing
4.2.3.1 An educator shall be deemed to have consented to a closed hearing unless the educator notifies the Executive Director in writing that a public hearing is requested.
4.2.3.2 A request for a public hearing must be mailed or hand-delivered to the Executive Director within 5 business days of the receipt of the notice in subsection 4.2.2. A copy of the request shall be provided to the Department at the same time.
4.2.4 Subpoena Requests
4.2.4.1 Requests for subpoenas for witnesses and other sources of evidence shall be mailed or hand-delivered to the Executive Director at least 15 business days before the date of the hearing.
4.2.4.1.1 Requests for subpoenas for witnesses shall specify the witness' name and address.
4.2.4.1.2 Requests for subpoenas for other sources of evidence shall specify the person or entity to whom the subpoena is directed, the person or entity's address, and the date by which the person or entity is to respond to the request.
4.2.4.2 The Standards Board shall issue subpoenas in accordance with the law.
4.2.4.3 The party requesting a subpoena is responsible for delivering the subpoena to the person or entity to whom the subpoena is directed. Proof of service of a subpoena shall be mailed or hand-delivered to the Standards Board.
4.2.5 Witness List. A written list of witnesses a party intends to call during a hearing shall be mailed or hand-delivered to the Executive Director at least 5 business days prior to a hearing. A copy of the list shall be mailed to the other party at the same time.
4.2.6 Exchange of Documents
4.2.6.1 The parties shall exchange documents they intend to introduce at the hearing at least 5 business days prior to the hearing.
4.2.6.2 The documents shall be labeled "Petitioner" or "Department" and numbered in sequential order (1, 2, 3).
4.2.7 Prehearing Conferences. The Standards Board may hold prehearing conferences and teleconferences for the settlement or simplification of issues by consent, for the disposal of procedural requests or disputes, and to regulate and expedite the course of the hearing.
4.2.8 Continuances, Adjournments, and Postponements
4.2.8.1 The Standards Board may continue, adjourn, or postpone proceedings for good cause at the request of a party or on its own initiative.
4.2.8.2 Any request to continue, adjourn, or postpone a proceeding shall be submitted to the Executive Director in writing at least 3 business days before the date scheduled for the hearing. A copy of the request shall also be provided to the other party at the same time.
4.3 Hearing Procedures and Rules
4.3.1 The Department is the party with the burden of proof. The hearing will proceed with the Department first presenting its evidence and case. The educator may then present his or her case. The Department will then have an opportunity to present rebuttal evidence.
4.3.2 The Standards Board may permit the parties to present opening and closing statements.
4.3.3 The Standards Board may take testimony, hear proof, and receive exhibits into evidence at a hearing.
4.3.3.1 Strict rules of evidence shall not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.
4.3.3.2 The Standards Board may exclude plainly irrelevant, immaterial, insubstantial, cumulative, and privileged evidence and limit unduly repetitive proof, rebuttal, and cross-examination in accordance with 29 Del.C. §10125(b).
4.3.3.3 Objections to the admission of evidence shall be brief and shall state the grounds for the objection.
4.3.4 Testimony shall be under oath or affirmation. The Standards Board may administer oaths to witnesses.
4.3.5 Any person who testifies as a witness shall also be subject to cross examination by the other party and questions from the Standards Board.
4.3.6 Witnesses may be sequestered upon a party's request.
4.3.7 Any document introduced into evidence at the hearing shall be marked by the Standards Board and shall be made a part of the record of the hearing.
4.3.8 The party offering the document into evidence shall provide a copy of the document to the other party, the Standards Board, and counsel for the Standards Board.
4.4 Post-hearing Rules and Procedures
4.4.1 The Standards Board may direct the parties to submit post-hearing briefs. Post-hearing briefs shall be filed as directed by the Standards Board.
4.4.2 If the Standards Board has designated a hearing officer, the hearing officer shall prepare a proposed order in accordance with 29 Del.C. §10126.
4.4.3 The parties shall have 20 calendar days from the date the proposed order is delivered to them to submit in writing to the Standards Board and the other party any exceptions, comments, and arguments respecting the proposed order.
4.4.4 The Standards Board shall consider the entire record of the case, the hearing officer's proposed order, and any written exceptions, comments, and arguments thereto in reaching its final decision. The Standards Board's decision shall be incorporated in a final order which is signed and mailed to the parties.
**History**
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
- *23 DE Reg. 764 (03/01/20)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *21 DE Reg. 720 (03/01/18)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
##### **14 Del. Admin. Code § 1515-5.0** Other Hearing Rules and Procedures {#sec-1515-5.0 omnilex-key=us-de-regs-official--title-14--1515-5.0}
5.1 Communications
5.1.1 In license, certificate, and permit disciplinary actions, a copy of any document filed with or submitted to the Standards Board or the hearing officer shall be provided to the other party or the other party's counsel.
5.1.2 Address of the Standards Board and Parties' Contact Information
5.1.2.1 Hand-delivered submissions shall be delivered to the Standards Board at the John W. Collette Education Resource Center, 35 Commerce Way, Dover, Delaware 19904.
5.1.2.2 Mailed submissions shall be delivered to the Standards Board at 35 Commerce Way, Suite 1, Dover, Delaware 19904.
5.1.2.3 Applicants and educators shall keep the Standards Board informed of their current mailing addresses, phone numbers, and email addresses.
5.2 Counsel
5.2.1 Applicants and educators may be represented by counsel.
5.2.2 The attorney representing an applicant or an educator in a proceeding before the Standards Board shall notify the Executive Director of the representation in writing as soon as practical. In license, certificate, and permit disciplinary actions, a copy of the notice shall be provided to the Department at the same time.
5.2.3 Attorneys who are not members of the Delaware Bar may be admitted pro hac vice in accordance with Rule 72 of the Rules of the Supreme Court of the State of Delaware.
**History**
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
- *23 DE Reg. 764 (03/01/20)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *21 DE Reg. 720 (03/01/18)*
- *22 DE Reg. 489 (12/01/18)*
- *23 DE Reg. 764 (03/01/20)*
- *26 DE Reg. 688 (02/01/23)*
### **1516** Professional Standards Board Standing Committees
##### **14 Del. Admin. Code § 1516-1.0** Applicability {#sec-1516-1.0 omnilex-key=us-de-regs-official--title-14--1516-1.0}
This regulation shall apply to the Professional Standards Board’s standing committees pursuant to 14 Del.C. §1206(d).
**History**
- *27 DE Reg. 173 (09/01/23)*
- *27 DE Reg. 173 (09/01/23)*
- *23 DE Reg. 572 (01/01/20)*
- *27 DE Reg. 173 (09/01/23)*
##### **14 Del. Admin. Code § 1516-2.0** Definitions {#sec-1516-2.0 omnilex-key=us-de-regs-official--title-14--1516-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Executive Director” means the Delaware Professional Standards Board’s Executive Director.
“LCCC” means the Licensure and Certification Criteria Committee established pursuant to 14 Del.C. §1206(d)(1).
“PDACC” means the Professional Development and Associated Compensation Committee established pursuant to 14 Del.C. §1206(d)(2).
“Secretary” means the Secretary of the Delaware Department of Education.
“Standards Board” means the Delaware Professional Standards Board established pursuant to 14 Del.C. §1201.
**History**
- *27 DE Reg. 173 (09/01/23)*
- *27 DE Reg. 173 (09/01/23)*
- *23 DE Reg. 572 (01/01/20)*
- *27 DE Reg. 173 (09/01/23)*
##### **14 Del. Admin. Code § 1516-3.0** Standing Committees {#sec-1516-3.0 omnilex-key=us-de-regs-official--title-14--1516-3.0}
3.1 The Standards Board’s standing committees are:
3.1.1 LCCC; and
3.1.2 PDACC.
3.2 The LCCC makes recommendations for developing and amending, as necessary, regulations in the areas of licensure and certification.
3.3 The PDACC makes recommendations for developing and amending, as necessary, regulations in the areas of professional development and salary supplements for educators pursuant to 14 Del.C. Ch. 13.
**History**
- *27 DE Reg. 173 (09/01/23)*
- *27 DE Reg. 173 (09/01/23)*
- *23 DE Reg. 572 (01/01/20)*
- *27 DE Reg. 173 (09/01/23)*
##### **14 Del. Admin. Code § 1516-4.0** Standing Committee Membership {#sec-1516-4.0 omnilex-key=us-de-regs-official--title-14--1516-4.0}
4.1 Each committee shall consist of no more than 15 committee members.
4.2 Each committee shall include at least 1 current Standards Board member.
4.3 Committee members shall have expertise in the committee’s subject matter.
4.4 Committee membership shall be geographically representative of the 3 counties and may include teachers from the elementary, middle, and high school levels, education specialists, administrators, local school board members, parents, higher education representatives, and Department representatives.
4.5 The Executive Director shall make a call for applications to fill vacancies on committees. Prospective committee members shall submit an application to the Executive Director. The Standards Board’s Chairperson and the Secretary shall review applications and appoint committee members.
4.6 Each committee shall elect a chairperson and a vice chairperson annually. The committee chairpersons shall preside over all meetings of their respective committees. A committee vice chairperson shall serve in the capacity of the committee's chairperson in the chairperson's absence. As part of its annual election, each committee may elect other officers as it deems necessary.
4.7 Committee members shall serve staggered 3-year terms.
4.8 Prior to the expiration of a committee member’s term, the Executive Director shall verify the committee member’s continued interest in serving on the committee. The Executive Director shall submit the names of the committee members who are interested in serving another term to the Standards Board’s Chairperson and the Secretary for reappointment.
4.9 Committee members who miss 3 consecutive meetings shall be reported to the Standards Board’s Chairperson and the Secretary, who may appoint replacement committee members.
4.10 The Board’s Chairperson and the Secretary may remove a committee member whose actions are contradictory to the committee’s purpose or the Standards Board’s purpose or are in violation of applicable law. In such case, the Board’s Chairperson and the Secretary shall appoint a replacement committee member.
**History**
- *27 DE Reg. 173 (09/01/23)*
- *27 DE Reg. 173 (09/01/23)*
- *23 DE Reg. 572 (01/01/20)*
- *27 DE Reg. 173 (09/01/23)*
##### **14 Del. Admin. Code § 1516-5.0** Committee Reports and Recommendations {#sec-1516-5.0 omnilex-key=us-de-regs-official--title-14--1516-5.0}
5.1 Each committee shall provide a progress report, including any recommendations, to the Standards Board after each meeting.
5.2 Committees shall submit the report in writing to the Standards Board or designate at least 1 committee member to deliver the report at the Standards Board’s next regularly scheduled meeting.
**History**
- *27 DE Reg. 173 (09/01/23)*
- *27 DE Reg. 173 (09/01/23)*
- *23 DE Reg. 572 (01/01/20)*
- *27 DE Reg. 173 (09/01/23)*
### **1520** Early Childhood Teacher
##### **14 Del. Admin. Code § 1520-1.0** Content {#sec-1520-1.0 omnilex-key=us-de-regs-official--title-14--1520-1.0}
This regulation shall apply to the issuance of an Early Childhood Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Early Childhood Teacher Standard Certificate is required for Birth to Grade 2 in Delaware public schools. Notwithstanding the foregoing requirement, the Elementary Teacher Standard Certificate (14 DE Admin. Code 1521) may be used for grades K to 2 in lieu of the Early Childhood Teacher Standard Certificate.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-2.0** Definitions {#sec-1520-2.0 omnilex-key=us-de-regs-official--title-14--1520-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and Current License or Certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-3.0** Issuance of a Standard Certificate {#sec-1520-3.0 omnilex-key=us-de-regs-official--title-14--1520-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue an Early Childhood Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a Valid and Current License or Certificate as an early childhood teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Early Childhood Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1520-4.0 omnilex-key=us-de-regs-official--title-14--1520-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an Early Childhood Generalist certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in early childhood education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach early childhood education as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in early childhood education.
4.1.2 The applicant shall have achieved a minimum score of 160 on the Praxis Subject Assessment – Education of Young Children (ETS Test Code # 5024). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on the examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-5.0** Application Requirements {#sec-1520-5.0 omnilex-key=us-de-regs-official--title-14--1520-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for an Early Childhood Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for an Early Childhood Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining an Early Childhood Generalist certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s Regionally Accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for an Early Childhood Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a Valid and Current License or Certificate as an early childhood teacher from another state or jurisdiction, the following documentation is required in the application for an Early Childhood Teacher Standard Certificate:
5.5.1 An official copy of the Valid and Current License or Certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-6.0** Secretary of Education Review {#sec-1520-6.0 omnilex-key=us-de-regs-official--title-14--1520-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for an Early Childhood Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for an Early Childhood Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-7.0** Validity of a Standard Certificate {#sec-1520-7.0 omnilex-key=us-de-regs-official--title-14--1520-7.0}
7.1 An Early Childhood Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator’s License remains current and valid.
7.2 An Early Childhood Teacher Standard Certificate is not subject to renewal.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-8.0** Disciplinary Action {#sec-1520-8.0 omnilex-key=us-de-regs-official--title-14--1520-8.0}
8.1 An Educator’s Early Childhood Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An Educator’s Early Childhood Teacher Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator’s application in accordance with 14 Del.C. §1222.
8.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-9.0** Past Certificate Recognized {#sec-1520-9.0 omnilex-key=us-de-regs-official--title-14--1520-9.0}
The Department shall recognize an Early Childhood Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to teach early childhood education.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
##### **14 Del. Admin. Code § 1520-10.0** Contact Information and Change of Name or Address {#sec-1520-10.0 omnilex-key=us-de-regs-official--title-14--1520-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the Early Childhood Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *24 DE Reg. 678 (01/01/21)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *8 DE Reg. 1612 (05/01/05)*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
- *24 DE Reg. 678 (01/01/21)*
- *8 DE Reg. 1612 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 667 (11/01/07)*
- *16 DE Reg. 755 (01/01/13)*
- *21 DE Reg. 303 (10/01/17)*
- *24 DE Reg. 678 (01/01/21)*
- *26 DE Reg. 557 (01/01/23)*
### **1521** Elementary Teacher
##### **14 Del. Admin. Code § 1521-1.0** Content {#sec-1521-1.0 omnilex-key=us-de-regs-official--title-14--1521-1.0}
This regulation shall apply to the issuance of an Elementary Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Elementary Teacher Standard Certificate is required for grades K to 6 in Delaware public schools. Notwithstanding the foregoing requirement, the Early Childhood Teacher Standard Certificate may be used for grades K to 2 in lieu of the Elementary Teacher Standard Certificate.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-2.0** Definitions {#sec-1521-2.0 omnilex-key=us-de-regs-official--title-14--1521-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-3.0** Issuance of a Standard Certificate {#sec-1521-3.0 omnilex-key=us-de-regs-official--title-14--1521-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue an Elementary Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and holds a valid and current license or certificate in elementary education issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Elementary Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation's resolution.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1521-4.0 omnilex-key=us-de-regs-official--title-14--1521-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an Early Childhood/Generalist certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in elementary education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach grades K to 6 as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in elementary education.
4.1.2 The applicant shall have achieved a minimum score on each of the following subtests:
4.1.2.1 Reading Language Arts Content Area - A minimum score of 157 on the Praxis Subject Assessment - Elementary Education: Reading Language Arts Subtest (ETS Test Code #5002) prior to January 1, 2027 when the examination will no longer be accepted by the Department, a minimum score of 156 on the Praxis Elementary Education: Content Knowledge for Teaching Reading and Language Arts CKT Subtest (ETS Test Code #7812) prior to January 1, 2027 when the examination will no longer be accepted by the Department, or a minimum score of 159 on the Praxis - Teaching Reading: Elementary (ETS Test Code #5205); and
4.1.2.2 Mathematics Content Area - A minimum score of 157 on the Praxis Subject Assessment - Elementary Education: Mathematics Subtest (ETS Test Code # 5003) or a minimum score of 143 on the Praxis Elementary Education: Content Knowledge for Teaching Mathematics CKT Subtest (ETS Test Code #7813); and
4.1.2.3 Social Studies Content Area - A minimum score of 155 on the Praxis Subject Assessment - Elementary Education: Social Studies Subtest (ETS Test Code # 5004) or a minimum score of 153 on the Social Studies CKT Subtest (ETS Test Code # 7815); and
4.1.2.4 Science Content Area - A minimum score of 159 on the Praxis Subject Assessment - Elementary Education: Science Subtest (ETS Test Code # 5005) or a minimum score of 144 on the Praxis Elementary Education: Content Knowledge for Teaching Science CKT Subtest (ETS Test Code #7814).
4.1.3 Notwithstanding subsection 4.1.2, if the applicant did not achieve the minimum score on an examination in 1 of the 4 content areas, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge. 14 DE Admin. Code 1519 does not apply to applicants who take the Praxis - Teaching Reading: Elementary (ETS Test Code #5205).
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum scores on the examinations as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score on an examination in 1 of the 4 content areas, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge. 14 DE Admin. Code 1519 does not apply to applicants who take the Praxis - Teaching Reading: Elementary (ETS Test Code #5205).
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-5.0** Application Requirements {#sec-1521-5.0 omnilex-key=us-de-regs-official--title-14--1521-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for an Elementary Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for an Elementary Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining an Early Childhood/Generalist certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official scores on the examinations as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for an Elementary Teacher Standard Certificate:
5.4.1 Official scores on the examinations as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate in elementary education from another state or jurisdiction, the following documentation is required in the application for an Elementary Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-6.0** Secretary of Education Review {#sec-1521-6.0 omnilex-key=us-de-regs-official--title-14--1521-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for an Elementary Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for an Elementary Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-7.0** Validity of a Standard Certificate {#sec-1521-7.0 omnilex-key=us-de-regs-official--title-14--1521-7.0}
7.1 An Elementary Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 An Elementary Teacher Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-8.0** Disciplinary Action {#sec-1521-8.0 omnilex-key=us-de-regs-official--title-14--1521-8.0}
8.1 An educator's Elementary Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Elementary Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with the 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-9.0** Past Certificate Recognized {#sec-1521-9.0 omnilex-key=us-de-regs-official--title-14--1521-9.0}
The Department shall recognize an Elementary Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach elementary education.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
##### **14 Del. Admin. Code § 1521-10.0** Contact Information and Change of Name or Address {#sec-1521-10.0 omnilex-key=us-de-regs-official--title-14--1521-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Elementary Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 299 (10/01/10)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 1747 (06/01/04)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 299 (10/01/10)*
- *16 DE Reg. 757 (01/01/13)*
- *21 DE Reg. 877 (05/01/18)*
- *23 DE Reg. 866 (04/01/20)*
- *24 DE Reg. 357 (10/01/20)*
- *26 DE Reg. 559 (01/01/23)*
- *28 DE Reg. 530 (01/01/25)*
### **1522** Elementary School Counselor
##### **14 Del. Admin. Code § 1522-1.0** Content {#sec-1522-1.0 omnilex-key=us-de-regs-official--title-14--1522-1.0}
This regulation shall apply to the issuance of an Elementary School Counselor Standard Certificate pursuant to 14 Del.C. §1220(a). The Elementary School Counselor Standard Certificate is required for grades K to 5 in Delaware public schools, and is valid in grades 6 to 8 in a middle level school. A middle level school counselor must hold either an Elementary School Counselor Standard Certificate or a Secondary School Counselor Standard Certificate.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-2.0** Definitions {#sec-1522-2.0 omnilex-key=us-de-regs-official--title-14--1522-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and Current License or Certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-3.0** Issuance of a Standard Certificate {#sec-1522-3.0 omnilex-key=us-de-regs-official--title-14--1522-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue an Elementary School Counselor Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and holds a Valid and Current License or Certificate in elementary school counseling issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Elementary School Counselor Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation’s resolution.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1522-4.0 omnilex-key=us-de-regs-official--title-14--1522-4.0}
4.1 For an applicant who is applying for the applicant’s first Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1, 4.1.2, and 4.1.3.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain the School Counseling certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a master’s degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in elementary school counseling from an educator preparation program approved or recognized by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed a Department-approved educator preparation program in elementary school counseling; or
4.1.1.4 Earned a master’s degree from a Regionally Accredited college or university in any content area and also satisfactorily completed 39 credits of graduate level coursework that is taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university related to school counseling in the areas provided in subsection 4.1.1.4.1.
4.1.1.4.1 The areas for the 39 credits of graduate coursework related to school counseling shall include:
4.1.1.4.1.1 Introduction to School Counseling and Theories (3 credits);
4.1.1.4.1.2 Human Behavior and Child Development (3 credits);
4.1.1.4.1.3 Ethical Issues in School Counseling (3 credits);
4.1.1.4.1.4 College and Career Readiness K-12 (3 credits);
4.1.1.4.1.5 Testing, Measurements, and Research in School Counseling (3 credits);
4.1.1.4.1.6 The Counselor as Consultant (3 credits);
4.1.1.4.1.7 Special Education Law and the School Counselor’s Role (3 credits);
4.1.1.4.1.8 Group Counseling (3 credits);
4.1.1.4.1.9 Individual Counseling Skills and Strategies (6 credits);
4.1.1.4.1.10 Family Counseling (3 credits); and
4.1.1.4.1.11 Principles and Practices of a School Counseling Program (6 Credits).
4.1.2 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 156 on the Praxis Subject Assessment - Professional School Counselor (ETS Test Code # 5421); or
4.1.2.2 A minimum score of 159 on the Praxis Subject Assessment - School Counselor (ETS Test Code #5422).
4.1.3 The applicant shall have completed 1 of the following:
4.1.3.1 An applicant shall complete a supervised school counseling clinical experience under the direct supervision of a state department of education certified and practicing elementary school counselor of 700 hours in an elementary school setting (grades K-8) which is part of a graduate degree program in elementary school counseling; or
4.1.3.2 An applicant who is seeking initial certification of both an Elementary School Counselor Standard Certificate and a Secondary School Counselor Standard Certificate simultaneously must complete 350 hours of clinical experience in an elementary school setting (grades K-8) under the direct supervision of a state department of education certified and practicing elementary school counselor and 350 hours of clinical experience in a secondary school setting (grades 6-12) under the direct supervision of a state department of education certified and practicing secondary school counselor. For an applicant seeking dual certification, clinical hours in grades 6-8 shall only be used in 1 setting.
4.2 For an applicant who is applying for the applicant’s second or subsequent Standard Certificate and who does not hold a Secondary School Counselor Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.2.1, 4.2.2, and 4.2.3.
4.2.1 The applicant shall have satisfied 1 of the following education requirements:
4.2.1.1 Obtained and currently maintain the School Counseling certificate from the National Board for Professional Teaching Standards; or
4.2.1.2 Earned a master’s degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in elementary school counseling from an educator preparation program approved or recognized by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) or a state where the state approval body employed the appropriate standards; or
4.2.1.3 Satisfactorily completed a Department-approved educator preparation program in elementary school counseling; or
4.2.1.4 Earned a master’s degree from a Regionally Accredited college or university in any content area and also satisfactorily completed 39 credits of graduate level coursework that is taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university related to school counseling in the areas provided in subsection 4.2.1.4.1.
4.2.1.4.1 The areas for the 39 credits of graduate coursework related to school counseling shall include:
4.2.1.4.1.1 Introduction to School Counseling and Theories (3 credits);
4.2.1.4.1.2 Human Behavior and Child Development (3 credits);
4.2.1.4.1.3 Ethical Issues in School Counseling (3 credits);
4.2.1.4.1.4 College and Career Readiness K-12 (3 credits);
4.2.1.4.1.5 Testing, Measurements, and Research in School Counseling (3 credits);
4.2.1.4.1.6 The Counselor as Consultant (3 credits);
4.2.1.4.1.7 Special Education Law and the School Counselor’s Role (3 credits);
4.2.1.4.1.8 Group Counseling (3 credits);
4.2.1.4.1.9 Individual Counseling Skills and Strategies (6 credits);
4.2.1.4.1.10 Family Counseling (3 credits); and
4.2.1.4.1.11 Principles and Practices of a School Counseling Program (6 Credits).
4.2.2 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.2.2.1 A minimum score of 156 on the Praxis Subject Assessment - Professional School Counselor (ETS Test Code # 5421); or
4.2.2.2 A minimum score of 159 on the Praxis Subject Assessment - School Counselor (ETS Test Code #5422).
4.2.3 The applicant shall have completed 1 of the following:
4.2.3.1 An applicant shall complete a supervised school counseling clinical experience under the direct supervision of a state department of education certified and practicing elementary school counselor of 700 hours in an elementary school setting (grades K-8) which is part of a graduate degree program in elementary school counseling; or
4.2.3.2 An applicant who is seeking initial certification of both an Elementary School Counselor Standard Certificate and a Secondary School Counselor Standard Certificate simultaneously must complete 350 hours of clinical experience in an elementary school setting (grades K-8) under the direct supervision of a state department of education certified and practicing elementary school counselor and 350 hours of clinical experience in a secondary school setting (grades 6-12) under the direct supervision of a state department of education certified and practicing secondary school counselor. For an applicant seeking dual certification, clinical hours in grades 6-8 shall only be used in 1 setting.
4.3 For an applicant who holds a Secondary School Counselor Standard Certificate and is seeking an Elementary School Counselor Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.3.1 and 4.3.2.
4.3.1 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.3.1.1 A minimum score of 156 on the Praxis Subject Assessment - Professional School Counselor (ETS Test Code # 5421); or
4.3.1.2 A minimum score of 159 on the Praxis Subject Assessment - School Counselor (ETS Test Code #5422).
4.3.2 The applicant shall have completed 350 hours of additional clinical experience in an elementary school setting (grades K-5) under the direct supervision of a state department of education certified and practicing elementary school counselor.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-5.0** Application Requirements {#sec-1522-5.0 omnilex-key=us-de-regs-official--title-14--1522-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for an Elementary School Counselor Standard Certificate.
5.3 For applicants who are applying for their first Standard Certificate, the following documentation is required with the application for an Elementary School Counselor Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a School Counseling certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s Regionally Accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 If applicable, an experience form must be completed in full and signed by the applicant; and
5.3.5 The Department-approved form verifying the applicant’s completion of the clinical experience as provided in subsection 4.1.3; and
5.3.6 Additional documentation as required by the Department.
5.4 For applicants who are applying for their second or subsequent Standard Certificate and who do not hold a Secondary School Counselor Standard Certificate, the following documentation is required in the application for an Elementary School Counselor Standard Certificate:
5.4.1 Evidence of obtaining and maintaining a School Counseling certificate from the National Board for Professional Teaching Standards, if applicable; and
5.4.2 Official transcript from the applicant’s Regionally Accredited college or university.
5.4.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or
5.4.2.2 Sealed paper transcripts may be submitted.
5.4.2.3 The Department will not accept copies of transcripts; and
5.4.3 Official score on the Praxis Subject Assessment as provided in subsection 4.2.2; and
5.4.4 If applicable, an experience form must be completed in full and signed by the applicant; and
5.4.5 The Department-approved form verifying the applicant’s completion of the clinical experience as provided in subsection 4.2.3; and
5.4.6 Additional documentation as required by the Department.
5.5 For applicants who hold a Secondary School Counselor Standard Certificate, the following documentation is required in the application for an Elementary School Counselor Standard Certificate:
5.5.1 Official score on the Praxis Subject Assessment as provided in subsection 4.3.1; and
5.5.2 The Department-approved form verifying the applicant’s completion of the clinical experience as provided in subsection 4.3.2; and
5.5.3 Additional documentation as required by the Department.
5.6 For applicants who have met the requirements for licensure as an educator in Delaware and hold a Valid and Current License or Certificate in elementary school counseling from another state or jurisdiction, the following documentation is required in the application for an Elementary School Counselor Standard Certificate:
5.6.1 An official copy of the Valid and Current License or Certificate; and
5.6.2 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-6.0** Secretary of Education Review {#sec-1522-6.0 omnilex-key=us-de-regs-official--title-14--1522-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for an Elementary School Counselor Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for an Elementary School Counselor Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-7.0** Validity of a Standard Certificate {#sec-1522-7.0 omnilex-key=us-de-regs-official--title-14--1522-7.0}
7.1 An Elementary School Counselor Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator’s License remains current and valid.
7.2 An Elementary School Counselor Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-8.0** Disciplinary Action {#sec-1522-8.0 omnilex-key=us-de-regs-official--title-14--1522-8.0}
8.1 An Educator's Elementary School Counselor Standard Certificate may be limited, suspended, or revoked for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An Educator’s Elementary School Counselor Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator’s application in accordance with 14 Del.C. §1222.
8.3 An Educator whose Standard Certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-9.0** Past Certificate Recognized {#sec-1522-9.0 omnilex-key=us-de-regs-official--title-14--1522-9.0}
The Department shall recognize an Elementary School Counselor Standard Certificate that was issued prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to practice as an elementary school counselor.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
##### **14 Del. Admin. Code § 1522-10.0** Contact Information and Change of Name or Address {#sec-1522-10.0 omnilex-key=us-de-regs-official--title-14--1522-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the Elementary School Counselor Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *16 DE Reg. 759 (01/01/13)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 745 (12/01/07)*
- *16 DE Reg. 759 (01/01/13)*
- *20 DE Reg. 42 (07/01/16)*
- *23 DE Reg. 574 (01/01/20)*
- *26 DE Reg. 861 (04/01/23)*
### **1531** Middle Level English Language Arts Teacher
##### **14 Del. Admin. Code § 1531-1.0** Content {#sec-1531-1.0 omnilex-key=us-de-regs-official--title-14--1531-1.0}
This regulation shall apply to the issuance of a Middle Level English Language Arts Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Middle Level English Language Arts Teacher Standard Certificate is required for grades 6, 7 and 8 in a middle level Delaware public school. Notwithstanding the above requirement, the Secondary English Language Arts Teacher Standard Certificate may be used for grades 6, 7 and 8 in a middle level school in lieu of the Middle Level English Language Arts Teacher Standard Certificate.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-2.0** Definitions {#sec-1531-2.0 omnilex-key=us-de-regs-official--title-14--1531-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-3.0** Issuance of a Standard Certificate {#sec-1531-3.0 omnilex-key=us-de-regs-official--title-14--1531-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Middle Level English Language Arts Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a middle level English language arts teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Middle Level English Language Arts Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1531-4.0 omnilex-key=us-de-regs-official--title-14--1531-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an English Language Arts certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 hours of semester coursework in middle level English language arts education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach middle level English language arts as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in middle level English language arts education; or
4.1.1.5 If the applicant has been issued an Initial License and a Middle Level English Language Arts Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Middle Level English Language Arts Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Middle Level English Language Arts Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Middle Level English Language Arts Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score of 164 on the Praxis Subject Assessment - Middle School English Language Arts (ETS Test Code # 5047). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on the examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-5.0** Application Requirements {#sec-1531-5.0 omnilex-key=us-de-regs-official--title-14--1531-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Middle Level English Language Arts Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Middle Level English Language Arts Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining an English Language Arts certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Middle Level English Language Arts Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a middle level English language arts teacher from another state or jurisdiction, the following documentation is required in the application for a Middle Level English Language Arts Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-6.0** Secretary of Education Review {#sec-1531-6.0 omnilex-key=us-de-regs-official--title-14--1531-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Middle Level English Language Arts Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Middle Level English Language Arts Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
26 DE Reg. 560 (01/01/23)
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-7.0** Validity of a Standard Certificate {#sec-1531-7.0 omnilex-key=us-de-regs-official--title-14--1531-7.0}
7.1 A Middle Level English Language Arts Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's License remains current and valid.
7.2 A Middle Level English Language Arts Teacher Standard Certificate is not subject to renewal.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-8.0** Disciplinary Action {#sec-1531-8.0 omnilex-key=us-de-regs-official--title-14--1531-8.0}
8.1 An educator's Middle Level English Language Arts Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Middle Level English Language Arts Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-9.0** Past Certificate Recognized {#sec-1531-9.0 omnilex-key=us-de-regs-official--title-14--1531-9.0}
The Department shall recognize a Middle Level English Language Arts Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach middle level English language arts.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
##### **14 Del. Admin. Code § 1531-10.0** Contact Information and Change of Name or Address {#sec-1531-10.0 omnilex-key=us-de-regs-official--title-14--1531-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Middle Level English Language Arts Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *12 DE Reg. 332 (09/01/08)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *11 DE Reg. 750 (12/01/07)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *24 DE Reg. 683 (01/01/21)*
- *11 DE Reg. 750 (12/01/07)*
- *12 DE Reg. 332 (09/01/08)*
- *16 DE Reg. 839 (02/01/13)*
- *21 DE Reg. 304 (10/01/17)*
- *24 DE Reg. 683 (01/01/21)*
- *26 DE Reg. 560 (01/01/23)*
- *28 DE Reg. 298 (10/01/24)*
### **1532** Middle Level Mathematics Teacher
##### **14 Del. Admin. Code § 1532-1.0** Content {#sec-1532-1.0 omnilex-key=us-de-regs-official--title-14--1532-1.0}
This regulation shall apply to the issuance of a Middle Level Mathematics Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Middle Level Mathematics Teacher Standard Certificate is required for grades 6, 7 and 8 in a middle level Delaware public school. Notwithstanding the above requirement, the Secondary Mathematics Teacher Standard Certificate may be used for grades 6, 7 and 8 in a middle level school in lieu of the Middle Level Mathematics Teacher Standard Certificate.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-2.0** Definitions {#sec-1532-2.0 omnilex-key=us-de-regs-official--title-14--1532-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-3.0** Issuance of a Standard Certificate {#sec-1532-3.0 omnilex-key=us-de-regs-official--title-14--1532-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Middle Level Mathematics Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a middle level mathematics teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Middle Level Mathematics Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1532-4.0 omnilex-key=us-de-regs-official--title-14--1532-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain a Mathematics certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in middle level mathematics education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach middle level mathematics as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in middle mathematics education; or
4.1.1.5 If the applicant has been issued an Initial License and a Middle Level Mathematics Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Middle Level Mathematics Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Middle Level Mathematics Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Middle Level Mathematics Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 155 on the Praxis Subject Assessment - Middle School Mathematics (ETS Test Code # 5164); or
4.1.2.2 A minimum score of 165 on the Praxis Subject Assessment - Middle School Mathematics (ETS Test Code # 5169).
4.1.3 Notwithstanding the requirement in subsection 4.1.2, if the applicant did not achieve the minimum score on 1 of the examinations in subsection 4.1.2, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on 1 of the examinations as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-5.0** Application Requirements {#sec-1532-5.0 omnilex-key=us-de-regs-official--title-14--1532-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Middle Level Mathematics Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Middle Level Mathematics Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a Mathematics certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Middle Level Mathematics Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure and hold a valid and current license or certificate as a middle level mathematics teacher, the following documentation is required in the application for a Middle Level Mathematics Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-6.0** Secretary of Education Review {#sec-1532-6.0 omnilex-key=us-de-regs-official--title-14--1532-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Middle Level Mathematics Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Middle Level Mathematics Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-7.0** Validity of a Standard Certificate {#sec-1532-7.0 omnilex-key=us-de-regs-official--title-14--1532-7.0}
7.1 A Middle Level Mathematics Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Middle Level Mathematics Teacher Standard Certificate is not subject to renewal.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-8.0** Disciplinary Action {#sec-1532-8.0 omnilex-key=us-de-regs-official--title-14--1532-8.0}
8.1 An educator's Middle Level Mathematics Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Middle Level Mathematics Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-9.0** Past Certificate Recognized {#sec-1532-9.0 omnilex-key=us-de-regs-official--title-14--1532-9.0}
The Department shall recognize a Middle Level Mathematics Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach middle level mathematics.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
##### **14 Del. Admin. Code § 1532-10.0** Contact Information and Change of Name or Address {#sec-1532-10.0 omnilex-key=us-de-regs-official--title-14--1532-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Middle Level Mathematics Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *12 DE Reg. 333 (09/01/08)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *28 DE Reg. 300 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 52 (07/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 752 (12/01/07)*
- *12 DE Reg. 333 (09/01/08)*
- *16 DE Reg. 841 (02/01/13)*
- *21 DE Reg. 306 (10/01/17)*
- *26 DE Reg. 52 (07/01/22)*
- *26 DE Reg. 562 (01/01/23)*
- *28 DE Reg. 300 (10/01/24)*
### **1533** Middle Level Science Teacher
##### **14 Del. Admin. Code § 1533-1.0** Content {#sec-1533-1.0 omnilex-key=us-de-regs-official--title-14--1533-1.0}
This regulation shall apply to the issuance of a Middle Level Science Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Middle Level Science Teacher Standard Certificate is required for grades 6, 7 and 8 in a middle level Delaware public school. Notwithstanding the above requirement, the Secondary Science Teacher Standard Certificate may be used for grades 6, 7 and 8 in a middle level school in lieu of the Middle Level Science Teacher Standard Certificate.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-2.0** Definitions {#sec-1533-2.0 omnilex-key=us-de-regs-official--title-14--1533-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-3.0** Issuance of a Standard Certificate {#sec-1533-3.0 omnilex-key=us-de-regs-official--title-14--1533-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Middle Level Science Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a middle level science teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Middle Level Science Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1533-4.0 omnilex-key=us-de-regs-official--title-14--1533-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain a Science certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in middle level science education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach middle level science as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in middle level science education; or
4.1.1.5 If the applicant has been issued an Initial License and a Middle Level Science Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Middle Level Science Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Middle Level Science Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Middle Level Science Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 150 on the Praxis Subject Assessment – Middle School Science (ETS Test Code # 5440); or
4.1.2.2 A minimum score of 152 on the Praxis Middle School Science (ETS Test Code #5442).
4.1.3 Notwithstanding the requirement in subsection 4.1.2, if the applicant did not achieve the minimum score on 1 of the examinations in subsection 4.1.2, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on 1 of the examinations as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-5.0** Application Requirements {#sec-1533-5.0 omnilex-key=us-de-regs-official--title-14--1533-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Middle Level Science Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Middle Level Science Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a Science certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Middle Level Science Teacher Standard Certificate:
5.4.1 Official score on the Praxis as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a middle level science teacher from another state or jurisdiction, the following documentation is required in the application for a Middle Level Science Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-6.0** Secretary of Education Review {#sec-1533-6.0 omnilex-key=us-de-regs-official--title-14--1533-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Middle Level Science Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Middle Level Science Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-7.0** Validity of a Standard Certificate {#sec-1533-7.0 omnilex-key=us-de-regs-official--title-14--1533-7.0}
7.1 A Middle Level Science Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
7.2 A Middle Level Science Teacher Standard Certificate is not subject to renewal.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-8.0** Disciplinary Action {#sec-1533-8.0 omnilex-key=us-de-regs-official--title-14--1533-8.0}
8.1 An educator’s Middle Level Science Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator’s Middle Level Science Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-9.0** Past Certificate Recognized {#sec-1533-9.0 omnilex-key=us-de-regs-official--title-14--1533-9.0}
The Department shall recognize a Middle Level Science Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach middle level science.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
##### **14 Del. Admin. Code § 1533-10.0** Contact Information and Change of Name or Address {#sec-1533-10.0 omnilex-key=us-de-regs-official--title-14--1533-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Middle Level Science Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *12 DE Reg. 335 (09/01/08)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *24 DE Reg. 363 (10/01/20)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1139 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 753 (12/01/07)*
- *12 DE Reg. 335 (09/01/08)*
- *16 DE Reg. 842 (02/01/13)*
- *21 DE Reg. 308 (10/01/17)*
- *24 DE Reg. 363 (10/01/20)*
- *26 DE Reg. 563 (01/01/23)*
- *28 DE Reg. 301 (10/01/24)*
### **1539** Health Education Teacher
##### **14 Del. Admin. Code § 1539-1.0** Content {#sec-1539-1.0 omnilex-key=us-de-regs-official--title-14--1539-1.0}
This regulation shall apply to the issuance of a Health Education Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for all health education teachers in Delaware public schools.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-2.0** Definitions {#sec-1539-2.0 omnilex-key=us-de-regs-official--title-14--1539-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-3.0** Issuance of a Standard Certificate {#sec-1539-3.0 omnilex-key=us-de-regs-official--title-14--1539-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Health Education Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator’s license in Delaware and presents proof of a valid and current license or certificate as a health education teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Health Education Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1539-4.0 omnilex-key=us-de-regs-official--title-14--1539-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain a Health Education certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in health education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach health education as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in health education; or
4.1.1.5 If the applicant has been issued an Initial License and a Health Education Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Health Education Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Health Education Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Health Education Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 162 on the Praxis Subject Assessment – Health Education (ETS Test Code # 5551); or
4.1.2.2 A minimum score of 160 on the Praxis Subject Assessment – Health and Physical Education – Content Knowledge (ETS Test Code # 5857).
4.1.3 Notwithstanding the requirement in subsection 4.1.2, if the applicant did not achieve the minimum score on 1 of the examinations in subsection 4.1.2, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on an examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-5.0** Application Requirements {#sec-1539-5.0 omnilex-key=us-de-regs-official--title-14--1539-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Health Education Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Health Education Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a Health Education certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 An experience form, completed in full and signed by the applicant, if applicable; and
5.3.4 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.5 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Health Education Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate in health education from another state or jurisdiction, the following documentation is required in the application for a Health Education Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-6.0** Secretary of Education Review {#sec-1539-6.0 omnilex-key=us-de-regs-official--title-14--1539-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Health Education Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Health Education Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
26 DE Reg. 566 (01/01/23)
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-7.0** Validity of a Standard Certificate {#sec-1539-7.0 omnilex-key=us-de-regs-official--title-14--1539-7.0}
7.1 A Health Education Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
7.2 A Health Education Teacher Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-8.0** Disciplinary Action {#sec-1539-8.0 omnilex-key=us-de-regs-official--title-14--1539-8.0}
8.1 An educator’s Health Education Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator’s Health Education Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-9.0** Past Certificate Recognized {#sec-1539-9.0 omnilex-key=us-de-regs-official--title-14--1539-9.0}
The Department shall recognize a Health Education Teacher Standard Certificate issued by the Department prior to effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach health education.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
##### **14 Del. Admin. Code § 1539-10.0** Contact Information and Change of Name or Address {#sec-1539-10.0 omnilex-key=us-de-regs-official--title-14--1539-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Health Education Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *16 DE Reg. 761 (01/01/13)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23*
- *25 DE Reg. 708 (01/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 668 (11/01/07)*
- *16 DE Reg. 761 (01/01/13)*
- *21 DE Reg. 312 (10/01/17)*
- *25 DE Reg. 708 (01/01/22)*
- *26 DE Reg. 566 (01/01/23)*
- *28 DE Reg. 304 (10/01/24)*
### **1540** Secondary English Language Arts Teacher
##### **14 Del. Admin. Code § 1540-1.0** Content {#sec-1540-1.0 omnilex-key=us-de-regs-official--title-14--1540-1.0}
This regulation shall apply to the issuance of a Secondary English Language Arts Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Secondary English Language Arts Teacher Standard Certificate is required for grades 9 to 12 in Delaware public schools. The Secondary English Language Arts Teacher Standard Certificate may be used for grades 6, 7 and 8 in a middle level school in lieu of the Middle Level English Language Arts Teacher Standard Certificate.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-2.0** Definitions {#sec-1540-2.0 omnilex-key=us-de-regs-official--title-14--1540-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-3.0** Issuance of a Standard Certificate {#sec-1540-3.0 omnilex-key=us-de-regs-official--title-14--1540-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Secondary English Language Arts Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a secondary English language arts teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Secondary English Language Arts Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1540-4.0 omnilex-key=us-de-regs-official--title-14--1540-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an English Language Arts certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in secondary English language arts education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach secondary English language arts as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in secondary English language arts education; or
4.1.1.5 If the applicant has been issued an Initial License and a Secondary English Language Arts Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Secondary English Language Arts Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Secondary English Language Arts Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Secondary English Language Arts Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score of 167 on the Praxis Subject Assessment - English Language Arts: Content Knowledge (ETS Test Code # 5038). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on the examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-5.0** Application Requirements {#sec-1540-5.0 omnilex-key=us-de-regs-official--title-14--1540-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Secondary English Language Arts Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Secondary English Language Arts Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining an English Language Arts certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Secondary English Language Arts Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a secondary English language arts teacher from another state or jurisdiction, the following documentation is required in the application for a Secondary English Language Arts Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-6.0** Secretary of Education Review {#sec-1540-6.0 omnilex-key=us-de-regs-official--title-14--1540-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Secondary English Language Arts Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Secondary English Language Arts Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-7.0** Validity of a Standard Certificate {#sec-1540-7.0 omnilex-key=us-de-regs-official--title-14--1540-7.0}
7.1 A Secondary English Language Arts Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Secondary English Language Arts Teacher Standard Certificate is not subject to renewal.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-8.0** Disciplinary Action {#sec-1540-8.0 omnilex-key=us-de-regs-official--title-14--1540-8.0}
8.1 An educator's Secondary English Language Arts Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Secondary English Language Arts Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-9.0** Past Certificate Recognized {#sec-1540-9.0 omnilex-key=us-de-regs-official--title-14--1540-9.0}
The Department shall recognize a Secondary English Language Arts Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach secondary English language arts.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
##### **14 Del. Admin. Code § 1540-10.0** Contact Information and Change of Name or Address {#sec-1540-10.0 omnilex-key=us-de-regs-official--title-14--1540-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Secondary English Language Arts Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *24 DE Reg. 687 (01/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1464 (05/01/08)*
- *16 DE Reg. 845 (02/01/13)*
- *21 DE Reg. 314 (10/01/17)*
- *24 DE Reg. 687 (01/01/21)*
- *26 DE Reg. 568 (01/01/23)*
- *28 DE Reg. 531 (01/01/25)*
### **1542** Secondary Mathematics Teacher
##### **14 Del. Admin. Code § 1542-1.0** Content {#sec-1542-1.0 omnilex-key=us-de-regs-official--title-14--1542-1.0}
This regulation shall apply to the issuance of a Secondary Mathematics Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for grades 9 to 12 in Delaware public schools. The Secondary Mathematics Teacher Standard Certificate may be used for grades 6, 7, and 8 in a middle level school in lieu of the Middle Level Mathematics Teacher Standard Certificate.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-2.0** Definitions {#sec-1542-2.0 omnilex-key=us-de-regs-official--title-14--1542-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-3.0** Issuance of a Standard Certificate {#sec-1542-3.0 omnilex-key=us-de-regs-official--title-14--1542-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Secondary Mathematics Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator’s license in Delaware and presents proof of a valid and current license or certificate as a secondary mathematics teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Secondary Mathematics Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1542-4.0 omnilex-key=us-de-regs-official--title-14--1542-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain a Mathematics certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in secondary mathematics education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach secondary mathematics as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in secondary mathematics education; or
4.1.1.5 If the applicant has been issued an Initial License and a Secondary Mathematics Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Secondary Mathematics Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Secondary Mathematics Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Secondary Mathematics Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 160 on the Praxis Subject Assessment – Mathematics: Content Knowledge (ETS Test Code # 5161); or
4.1.2.2 A minimum score of 152 on the Praxis Subject Assessment – Mathematics (ETS Test Code # 5165).
4.1.3 Notwithstanding the requirement in subsection 4.1.2, if the applicant did not achieve the minimum score on 1 of the examinations in subsection 4.1.2, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved a minimum score on 1 of the examinations as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-5.0** Application Requirements {#sec-1542-5.0 omnilex-key=us-de-regs-official--title-14--1542-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Secondary Mathematics Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Secondary Mathematics Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a Mathematics certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Secondary Mathematics Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a secondary mathematics teacher from another state or jurisdiction, the following documentation is required in the application for a Secondary Mathematics Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-6.0** Secretary of Education Review {#sec-1542-6.0 omnilex-key=us-de-regs-official--title-14--1542-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Secondary Mathematics Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Secondary Mathematics Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-7.0** Validity of a Standard Certificate {#sec-1542-7.0 omnilex-key=us-de-regs-official--title-14--1542-7.0}
7.1 A Secondary Mathematics Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
7.2 A Secondary Mathematics Teacher Standard Certificate is not subject to renewal.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-8.0** Disciplinary Action {#sec-1542-8.0 omnilex-key=us-de-regs-official--title-14--1542-8.0}
8.1 An educator’s Secondary Mathematics Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator’s Secondary Mathematics Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-9.0** Past Certificate Recognized {#sec-1542-9.0 omnilex-key=us-de-regs-official--title-14--1542-9.0}
The Department shall recognize a Secondary Mathematics Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach secondary mathematics.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
##### **14 Del. Admin. Code § 1542-10.0** Contact Information and Change of Name or Address {#sec-1542-10.0 omnilex-key=us-de-regs-official--title-14--1542-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Secondary Mathematics Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *25 DE Reg. 512 (11/01/21)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *28 DE Reg. 533 (01/01/25)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *25 DE Reg. 512 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1177 (03/01/08)*
- *11 DE Reg. 1469 (05/01/08)*
- *16 DE Reg. 846 (02/01/13)*
- *21 DE Reg. 316 (10/01/17)*
- *25 DE Reg. 512 (11/01/21)*
- *26 DE Reg. 569 (01/01/23)*
- *28 DE Reg. 533 (01/01/25)*
### **1543** Secondary Science Teacher
##### **14 Del. Admin. Code § 1543-1.0** Content {#sec-1543-1.0 omnilex-key=us-de-regs-official--title-14--1543-1.0}
1.1 This regulation shall apply to the issuance of a Secondary Science Teacher Standard Certificate in the individual secondary science curricular areas of Biology, Chemistry, Earth Science, Integrated Science, Physical Science, and Physics pursuant to 14 Del.C. §1220(a).
1.2 An educator shall hold a Standard Certificate in each secondary science curricular area the Educator teaches in grades 9 to 12 in Delaware public schools unless subsection 1.2.1 or 1.2.2 applies.
1.2.1 An educator who is assigned to teach an integrated science course may hold a Secondary Science Teacher Standard Certificate in any of the secondary science curricular areas relevant to the course the educator is assigned to teach.
1.2.2 An educator who is assigned to teach a physical science course may hold a Secondary Science Teacher Standard Certificate in the secondary curricular areas of Biology, Chemistry, Earth Science, Physical Science, or Physics.
1.3 The Secondary Science Teacher Standard Certificate in any secondary science curricular area may be used for grades 6, 7, 8 in a middle level Delaware public school in lieu of the Middle Level Science Teacher Standard Certificate.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-2.0** Definitions {#sec-1543-2.0 omnilex-key=us-de-regs-official--title-14--1543-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-3.0** Issuance of a Standard Certificate {#sec-1543-3.0 omnilex-key=us-de-regs-official--title-14--1543-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Secondary Science Teacher Standard Certificate in the individual secondary science curricular areas of Biology, Chemistry, Earth Science, Integrated Science, Physical Science, and Physics to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a secondary science teacher in the secondary science curricular area sought issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for Secondary Science Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1543-4.0 omnilex-key=us-de-regs-official--title-14--1543-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain a science certificate in the secondary science curricular area sought from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in secondary science education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach secondary science as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in secondary science education; or
4.1.1.5 If the applicant has been issued an Initial License and a Secondary Science Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Secondary Science Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Secondary Science Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Secondary Science Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score on 1 of the applicable Praxis Subject Assessments as provided in subsections 4.1.2.1 through 4.1.2.5. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.1.2.1 For a Secondary Science Teacher Standard Certificate – Biology, the applicant shall have achieved a minimum score of 150 on the Praxis Subject Assessment – Biology: Content Knowledge (ETS Test Code #5235) or a minimum score of 154 on the Praxis: Subject Assessment - Biology (ETS Test Code #5236).
4.1.2.2 For a Secondary Science Teacher Standard Certificate – Chemistry, the applicant shall have achieved a minimum score of 151 on the Praxis Subject Assessment – Chemistry: Content Knowledge (ETS Test Code #5245) or a minimum score of 146 on the Praxis Subject Assessment - Chemistry (ETS Test Code #5246).
4.1.2.3 For a Secondary Science Teacher Standard Certificate – Physics, the applicant shall have achieved a minimum score of 140 on the Praxis Subject Assessment – Physics: Content Knowledge (ETS Test Code #5265) or a minimum score of 145 on the Praxis Subject Assessment - Physics (ETS Test Code #5266).
4.1.2.4 For a Secondary Science Teacher Standard Certificate – Earth Science, the applicant shall have achieved a minimum score of 150 on the Praxis Subject Assessment – Earth and Space Sciences: Content Knowledge (ETS Test Code #5571) or a minimum score of 154 on the Praxis Subject Assessment - Earth and Space Sciences (ETS Test Code #5572).
4.1.2.5 For a Secondary Science Teacher Standard Certificate – Integrated or Physical Science, the applicant shall have achieved a minimum score of 151 on the Praxis Subject Assessment – General Science: Content Knowledge (ETS Test Code #5435) or a minimum score of 141 on the Praxis Subject Assessment - General Science (ETS Test Code #5436).
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved a minimum score on 1 of the applicable Praxis Subject Assessments as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-5.0** Application Requirements {#sec-1543-5.0 omnilex-key=us-de-regs-official--title-14--1543-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for an Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Secondary Science Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Secondary Science Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a Science certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required with the application for a Secondary Science Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For an applicant who has met the requirements for licensure as an educator in Delaware and holds a valid and current license or certificate as a secondary science teacher in the secondary science curricular area sought issued by another state or jurisdiction, the following documentation is required with the application for a Secondary Science Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-6.0** Secretary of Education Review {#sec-1543-6.0 omnilex-key=us-de-regs-official--title-14--1543-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Secondary Science Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Secondary Science Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-7.0** Validity of a Standard Certificate {#sec-1543-7.0 omnilex-key=us-de-regs-official--title-14--1543-7.0}
7.1 A Secondary Science Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Secondary Science Teacher Standard Certificate is not subject to renewal.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-8.0** Disciplinary Action {#sec-1543-8.0 omnilex-key=us-de-regs-official--title-14--1543-8.0}
8.1 An educator's Secondary Science Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Secondary Science Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-9.0** Past Certificate Recognized {#sec-1543-9.0 omnilex-key=us-de-regs-official--title-14--1543-9.0}
The Department shall recognize a Secondary Science Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach secondary science in the secondary science curricular area for which the certificate was issued.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
##### **14 Del. Admin. Code § 1543-10.0** Contact Information and Change of Name or Address {#sec-1543-10.0 omnilex-key=us-de-regs-official--title-14--1543-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Secondary Science Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *28 DE Reg. 534 (01/01/25)*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *25 DE Reg. 84 (07/01/21)*
- *6 DE Reg. 319 (09/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 1138 (02/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1646 (06/01/08)*
- *16 DE Reg. 627 (12/01/12)*
- *25 DE Reg. 84 (07/01/21)*
- *26 DE Reg. 571 (01/01/23)*
- *28 DE Reg. 534 (01/01/25)*
### **1544** Secondary Social Studies Teacher
##### **14 Del. Admin. Code § 1544-1.0** Content {#sec-1544-1.0 omnilex-key=us-de-regs-official--title-14--1544-1.0}
This regulation shall apply to the issuance of a Secondary Social Studies Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Secondary Social Studies Teacher Standard Certificate is required for grades 9 to 12 in Delaware public schools. The Secondary Social Studies Teacher Standard Certificate may be used for grades 6, 7, and 8 in a middle level school in lieu of the Middle Level Social Studies Teacher Standard Certificate.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
##### **14 Del. Admin. Code § 1544-2.0** Definitions {#sec-1544-2.0 omnilex-key=us-de-regs-official--title-14--1544-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
##### **14 Del. Admin. Code § 1544-3.0** Issuance of a Standard Certificate {#sec-1544-3.0 omnilex-key=us-de-regs-official--title-14--1544-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Secondary Social Studies Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a secondary social studies teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Secondary Social Studies Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain a Social Studies certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in secondary social studies education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach secondary social studies as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in secondary social studies education; or
4.1.1.5 If the applicant has been issued an Initial License and a Secondary Social Studies Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Secondary Social Studies Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Secondary Social Studies Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Secondary Social Studies Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 157 on the Praxis Subject Assessment - Social Studies: Content Knowledge (ETS Test Code #5081); or
4.1.2.2 A minimum score of 153 on the Praxis Subject Assessment - Social Studies (ETS Test Code #5581).
4.1.3 Notwithstanding the requirement of subsection 4.1.2, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved a minimum score on 1 of the examinations as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
##### **14 Del. Admin. Code § 1544-5.0** Application Requirements {#sec-1544-5.0 omnilex-key=us-de-regs-official--title-14--1544-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Secondary Social Studies Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Secondary Social Studies Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a Social Studies certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Secondary Social Studies Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a secondary social studies teacher from another state or jurisdiction, the following documentation is required in the application for a Secondary Social Studies Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
##### **14 Del. Admin. Code § 1544-6.0** Secretary of Education Review {#sec-1544-6.0 omnilex-key=us-de-regs-official--title-14--1544-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Secondary Social Studies Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Secondary Social Studies Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
##### **14 Del. Admin. Code § 1544-7.0** Validity of a Standard Certificate {#sec-1544-7.0 omnilex-key=us-de-regs-official--title-14--1544-7.0}
7.1 A Secondary Social Studies Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Secondary Social Studies Teacher Standard Certificate is not subject to renewal.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
##### **14 Del. Admin. Code § 1544-8.0** Disciplinary Action {#sec-1544-8.0 omnilex-key=us-de-regs-official--title-14--1544-8.0}
8.1 An educator's Secondary Social Studies Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Secondary Social Studies Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
##### **14 Del. Admin. Code § 1544-9.0** Past Certificate Recognized {#sec-1544-9.0 omnilex-key=us-de-regs-official--title-14--1544-9.0}
The Department shall recognize a Secondary Social Studies Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach secondary social studies.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
##### **14 Del. Admin. Code § 1544-10.0** Contact Information and Change of Name or Address {#sec-1544-10.0 omnilex-key=us-de-regs-official--title-14--1544-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Secondary Social Studies Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *28 DE Reg. 536 (01/01/25)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *25 DE Reg. 513 (11/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1185 (03/01/08)*
- *11 DE Reg. 1473 (05/01/08)*
- *16 DE Reg. 847 (02/01/13)*
- *21 DE Reg. 318 (10/01/17)*
- *25 DE Reg. 513 (11/01/21)*
- *26 DE Reg. 572 (01/01/23)*
- *28 DE Reg. 536 (01/01/25)*
### **1545** Secondary School Counselor
##### **14 Del. Admin. Code § 1545-1.0** Content {#sec-1545-1.0 omnilex-key=us-de-regs-official--title-14--1545-1.0}
This regulation shall apply to the issuance of a Secondary School Counselor Standard Certificate pursuant to 14 Del.C. §1220(a). The Secondary School Counselor Standard Certificate is required for grades 9 to 12 in Delaware public schools and is valid in grades 6 to 8 in a middle level school. A middle level school counselor must hold either an Elementary School Counselor Standard Certificate or a Secondary School Counselor Standard Certificate.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-2.0** Definitions {#sec-1545-2.0 omnilex-key=us-de-regs-official--title-14--1545-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and Current License or Certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-3.0** Issuance of a Standard Certificate {#sec-1545-3.0 omnilex-key=us-de-regs-official--title-14--1545-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Secondary School Counselor Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and holds a Valid and Current License or Certificate in secondary school counseling issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Secondary School Counselor Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation’s resolution.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1545-4.0 omnilex-key=us-de-regs-official--title-14--1545-4.0}
4.1 For an applicant who is applying for the applicant’s first Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1, 4.1.2, and 4.1.3.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain the School Counseling certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a master’s degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in secondary school counseling from an educator preparation program approved or recognized by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed a Department-approved educator preparation program in secondary school counseling; or
4.1.1.4 Earned a master’s degree from a Regionally Accredited college or university in any content area and also satisfactorily completed 39 credits of graduate level coursework that is taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university related to school counseling in the areas provided in subsection 4.1.1.4.1.
4.1.1.4.1 The areas for the 39 credits of graduate coursework related to school counseling shall include:
4.1.1.4.1.1 Introduction to School Counseling and Theories (3 credits);
4.1.1.4.1.2 Human Behavior and Child Development (3 credits);
4.1.1.4.1.3 Ethical Issues in School Counseling (3 credits);
4.1.1.4.1.4 College and Career Readiness K-12 (3 credits);
4.1.1.4.1.5 Testing, Measurements, and Research in School Counseling (3 credits);
4.1.1.4.1.6 The Counselor as Consultant (3 credits);
4.1.1.4.1.7 Special Education Law and the School Counselor’s Role (3 credits);
4.1.1.4.1.8 Group Counseling (3 credits);
4.1.1.4.1.9 Individual Counseling Skills and Strategies (6 credits);
4.1.1.4.1.10 Family Counseling (3 credits); and
4.1.1.4.1.11 Principles and Practices of a School Counseling Program (6 Credits).
4.1.2 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 156 on the Praxis Subject Assessment - Professional School Counselor (ETS Test Code # 5421); or
4.1.2.2 A minimum score of 159 on the Praxis Subject Assessment - School Counselor (ETS Test Code #5422).
4.1.3 The applicant shall have completed 1 of the following:
4.1.3.1 An applicant shall complete a supervised school counseling clinical experience under the direct supervision of a state department of education certified and practicing secondary school counselor of 700 hours in a secondary school setting (grades 6-12) which is part of a graduate degree program in secondary school counseling; or
4.1.3.2 An applicant who is seeking initial certification of both an Elementary School Counselor Standard Certificate and a Secondary School Counselor Standard Certificate simultaneously must complete 350 hours of clinical experience in an elementary school setting (grades K-8) under the direct supervision of a state department of education certified and practicing elementary school counselor and 350 hours of clinical experience in a secondary school setting (grades 6-12) under the direct supervision of a state department of education certified and practicing secondary school counselor. For an applicant seeking dual certification, clinical hours in grades 6-8 shall only be used in one setting.
4.2 For an applicant who is applying for the applicant’s second or subsequent Standard Certificate and who does not hold an Elementary School Counselor Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.2.1, 4.2.2, and 4.2.3.
4.2.1 The applicant shall have satisfied 1 of the following education requirements:
4.2.1.1 Obtained and currently maintain the School Counseling certificate from the National Board for Professional Teaching Standards; or
4.2.1.2 Earned a master’s degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in secondary school counseling from an educator preparation program approved or recognized by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) or a state where the state approval body employed the appropriate standards; or
4.2.1.3 Satisfactorily completed a Department-approved educator preparation program in secondary school counseling; or
4.2.1.4 Earned a master’s degree from a Regionally Accredited college or university in any content area and also satisfactorily completed 39 credits of graduate level coursework that is taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university related to school counseling in the areas provided in subsection 4.2.1.4.1.
4.2.1.4.1 The areas for the 39 credits of graduate coursework related to school counseling shall include:
4.2.1.4.1.1 Introduction to School Counseling and Theories (3 credits);
4.2.1.4.1.2 Human Behavior and Child Development (3 credits);
4.2.1.4.1.3 Ethical Issues in School Counseling (3 credits);
4.2.1.4.1.4 College and Career Readiness K-12 (3 credits);
4.2.1.4.1.5 Testing, Measurements, and Research in School Counseling (3 credits);
4.2.1.4.1.6 The Counselor as Consultant (3 credits);
4.2.1.4.1.7 Special Education Law and the School Counselor’s Role (3 credits);
4.2.1.4.1.8 Group Counseling (3 credits);
4.2.1.4.1.9 Individual Counseling Skills and Strategies (6 credits);
4.2.1.4.1.10 Family Counseling (3 credits); and
4.2.1.4.1.11 Principles and Practices of a School Counseling Program (6 Credits).
4.2.2 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.2.2.1 A minimum score of 156 on the Praxis Subject Assessment - Professional School Counselor (ETS Test Code # 5421); or
4.2.2.2 A minimum score of 159 on the Praxis Subject Assessment - School Counselor (ETS Test Code #5422).
4.2.3 The applicant shall have completed 1 of the following:
4.2.3.1 An applicant shall complete a supervised school counseling clinical experience under the direct supervision of a state department of education certified and practicing secondary school counselor of 700 hours in a secondary school setting (grades 6-12) which is part of a graduate degree program in secondary school counseling; or
4.2.3.2 An applicant who is seeking initial certification of both an Elementary School Counselor Standard Certificate and a Secondary School Counselor Standard Certificate simultaneously must complete 350 hours of clinical experience in an elementary school setting (grades K-8) under the direct supervision of a state department of education certified and practicing elementary school counselor and 350 hours of clinical experience in a secondary school setting (grades 6-12) under the direct supervision of a state department of education certified and practicing secondary school counselor. For an applicant seeking dual certification, clinical hours in grades 6-8 shall only be used in one setting.
4.3 For an applicant who holds an Elementary School Counselor Standard Certificate and is seeking a Secondary School Counselor Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.3.1 and 4.3.2.
4.3.1 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.3.1.1 A minimum score of 156 on the Praxis Subject Assessment - Professional School Counselor (ETS Test Code # 5421); or
4.3.1.2 A minimum score of 159 on the Praxis Subject Assessment - School Counselor (ETS Test Code #5422).
4.3.2 The applicant shall have completed 350 hours of additional clinical experience in a secondary school setting (grades 6-12) under the direct supervision of a state department of education certified and practicing secondary school counselor.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-5.0** Application Requirements {#sec-1545-5.0 omnilex-key=us-de-regs-official--title-14--1545-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Secondary School Counselor Standard Certificate.
5.3 For applicants who are applying for their first Standard Certificate, the following documentation is required with the application for a Secondary School Counselor Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a School Counseling certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s Regionally Accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 If applicable, an experience form must be completed in full and signed by the applicant; and
5.3.5 The Department-approved form verifying the applicant’s completion of the clinical experience as provided in subsection 4.1.3; and
5.3.6 Additional documentation as required by the Department.
5.4 For applicants who are applying for their second or subsequent Standard Certificate and who do not hold an Elementary School Counselor Standard Certificate, the following documentation is required in the application for a Secondary School Counselor Standard Certificate:
5.4.1 Evidence of obtaining and maintaining a School Counseling certificate from the National Board for Professional Teaching Standards, if applicable; and
5.4.2 Official transcript from the applicant’s Regionally Accredited college or university.
5.4.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or
5.4.2.2 Sealed paper transcripts may be submitted.
5.4.2.3 The Department will not accept copies of transcripts; and
5.4.3 Official score on the Praxis Subject Assessment as provided in subsection 4.2.2; and
5.4.4 If applicable, an experience form must be completed in full and signed by the applicant; and
5.4.5 The Department-approved form verifying the applicant’s completion of the clinical experience as provided in subsection 4.2.3; and
5.4.6 Additional documentation as required by the Department.
5.5 For applicants who hold an Elementary School Counselor Standard Certificate, the following documentation is required in the application for a Secondary School Counselor Standard Certificate:
5.5.1 Official score on the Praxis Subject Assessment as provided in subsection 4.3.1; and
5.5.2 The Department-approved form verifying the applicant’s completion of the clinical experience as provided in subsection 4.3.2; and
5.5.3 Additional documentation as required by the Department.
5.6 For applicants who have met the requirements for licensure as an educator in Delaware and hold a Valid and Current License or Certificate in secondary school counseling from another state or jurisdiction, the following documentation is required in the application for a Secondary School Counselor Standard Certificate:
5.6.1 An official copy of the Valid and Current License or Certificate; and
5.6.2 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-6.0** Secretary of Education Review {#sec-1545-6.0 omnilex-key=us-de-regs-official--title-14--1545-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Secondary School Counselor Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Secondary School Counselor Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-7.0** Validity of a Standard Certificate {#sec-1545-7.0 omnilex-key=us-de-regs-official--title-14--1545-7.0}
7.1 A Secondary School Counselor Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator’s License remains current and valid.
7.2 A Secondary School Counselor Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-8.0** Disciplinary Action {#sec-1545-8.0 omnilex-key=us-de-regs-official--title-14--1545-8.0}
8.1 An Educator's Secondary School Counselor Standard Certificate may be limited, suspended, or revoked for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An Educator’s Secondary School Counselor Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator’s application in accordance with 14 Del.C. §1222.
8.3 An Educator whose Standard Certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-9.0** Past Certificate Recognized {#sec-1545-9.0 omnilex-key=us-de-regs-official--title-14--1545-9.0}
The Department shall recognize a Secondary School Counselor Standard Certificate that was issued prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to practice as a secondary school counselor.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
##### **14 Del. Admin. Code § 1545-10.0** Contact Information and Change of Name or Address {#sec-1545-10.0 omnilex-key=us-de-regs-official--title-14--1545-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the Secondary School Counselor Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *16 DE Reg. 763 (01/01/13)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *11 DE Reg. 756 (12/01/07)*
- *16 DE Reg. 485 (11/01/12)*
- *16 DE Reg. 763 (01/01/13)*
- *20 DE Reg. 45 (07/01/16)*
- *23 DE Reg. 576 (01/01/20)*
- *26 DE Reg. 863 (04/01/23)*
### **1549** Dance Teacher
##### **14 Del. Admin. Code § 1549-1.0** Content {#sec-1549-1.0 omnilex-key=us-de-regs-official--title-14--1549-1.0}
This regulation shall apply to the issuance of a Dance Teacher Standard Certificate, pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for grades K to 12 in Delaware public schools.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-2.0** Definitions {#sec-1549-2.0 omnilex-key=us-de-regs-official--title-14--1549-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the educator is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-3.0** Issuance of a Standard Certificate {#sec-1549-3.0 omnilex-key=us-de-regs-official--title-14--1549-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Dance Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License, or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a dance teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Dance Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1549-4.0 omnilex-key=us-de-regs-official--title-14--1549-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied 1 of the following education requirements:
4.1.1 Earned and currently maintain accreditation as Registered Dance Educator through the National Dance Education Organization; or
4.1.2 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in dance from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach dance as provided in 14 Del.C. §§1260 - 1266; or
4.1.4 Satisfactorily completed a Department-approved educator preparation program in dance education; or
4.1.5 If the applicant has been issued an Initial License and a Dance Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Dance Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Dance Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Dance Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department. Notwithstanding the foregoing, a Certificate in Dance Education from the National Dance Education Organization may be used to fulfill the 15 college credits required in this subsection.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have satisfied 1 of the following education requirements:
4.2.1 Satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Dance Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department as provided in subsection 4.1.5; or
4.2.2 Earned and currently maintain a Certificate in Dance Education from the National Dance Education Organization; or
4.2.3 Completed the equivalent of subsection 4.2.1 or subsection 4.2.2 in professional experience; or
4.2.4 Achieved a minimum score of 80 points on the Dance Entry Level Teacher's Assessment (DELTA).
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-5.0** Application Requirements {#sec-1549-5.0 omnilex-key=us-de-regs-official--title-14--1549-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with an application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 An applicant must disclose the applicant's criminal conviction history upon application for a Dance Teacher Standard Certificate. Failure to disclose a criminal conviction history is grounds for denial of a Dance Teacher Standard Certificate as specified in 14 Del.C. §1219.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Dance Teacher Standard Certificate:
5.3.1 Evidence of earning and currently maintaining accreditation as Registered Dance Educator through the National Dance Education Organization, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Evidence of earning and currently maintaining a Certificate in Dance Education from the National Dance Education Organization, if applicable;
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Dance Teacher Standard Certificate:
5.4.1 Official transcript from the applicant's regionally accredited college or university, if applicable.
5.4.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.4.1.2 Sealed paper transcripts may be submitted.
5.4.1.3 The Department will not accept copies of transcripts; and
5.4.2 Evidence of earning and currently maintaining a Certificate in Dance Education from the National Dance Education Organization, if applicable; and
5.4.3 Evidence of completing the equivalent of subsection 4.2.1 or subsection 4.2.2 in professional experience, if applicable; and
5.4.4 Official score on the Dance Entry Level Teacher's Assessment (DELTA), if applicable; and
5.4.5 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a dance teacher from another state or jurisdiction, the following documentation is required in the application for a Dance Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-6.0** Secretary of Education Review {#sec-1549-6.0 omnilex-key=us-de-regs-official--title-14--1549-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Dance Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Dance Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-7.0** Validity of a Standard Certificate {#sec-1549-7.0 omnilex-key=us-de-regs-official--title-14--1549-7.0}
7.1 A Dance Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Dance Teacher Standard Certificate is not subject to renewal.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-8.0** Disciplinary Action {#sec-1549-8.0 omnilex-key=us-de-regs-official--title-14--1549-8.0}
8.1 An educator's Dance Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Dance Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-9.0** Past Certificate Recognized {#sec-1549-9.0 omnilex-key=us-de-regs-official--title-14--1549-9.0}
The Department shall recognize a Dance Teacher Standard Certificate issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach dance.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
##### **14 Del. Admin. Code § 1549-10.0** Contact Information and Change of Name or Address {#sec-1549-10.0 omnilex-key=us-de-regs-official--title-14--1549-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Dance Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *25 DE Reg. 1138 (06/01/22)*
- *11 DE Reg. 1234 (03/01/08)*
- *16 DE Reg. 848 (02/01/13)*
- *25 DE Reg. 1138 (06/01/22)*
- *28 DE Reg. 133 (08/01/24)*
### **1550** Agriscience Teacher
##### **14 Del. Admin. Code § 1550-1.0** Content {#sec-1550-1.0 omnilex-key=us-de-regs-official--title-14--1550-1.0}
This regulation shall apply to the issuance of an Agriscience Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required to teach agriscience in grades 5 to 12 in a Delaware public school.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-2.0** Definitions {#sec-1550-2.0 omnilex-key=us-de-regs-official--title-14--1550-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-3.0** Issuance of a Standard Certificate {#sec-1550-3.0 omnilex-key=us-de-regs-official--title-14--1550-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue an Agriscience Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as an agriscience teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Agriscience Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1550-4.0 omnilex-key=us-de-regs-official--title-14--1550-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in agriscience from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.2 Satisfactorily completed an alternative routes for licensure or certification program to teach agriscience as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.3 Satisfactorily completed a Department-approved educator preparation program in agriscience; or
4.1.1.4 If the applicant has been issued an Initial License and an Agriscience Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Agriscience Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Agriscience Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Agriscience Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score of 147 on the Praxis Subject Assessment - Agriculture (ETS Test Code # 5701). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on an examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-5.0** Application Requirements {#sec-1550-5.0 omnilex-key=us-de-regs-official--title-14--1550-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for an Agriscience Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for an Agriscience Teacher Standard Certificate:
5.3.1 Official transcript from the applicant's regionally accredited college or university.
5.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.1.2 Sealed paper transcripts may be submitted.
5.3.1.3 The Department will not accept copies of transcripts; and
5.3.2 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.3 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for an Agriscience Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as an agriscience teacher from another state or jurisdiction, the following documentation is required in the application for an Agriscience Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-6.0** Secretary of Education Review {#sec-1550-6.0 omnilex-key=us-de-regs-official--title-14--1550-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for an Agriscience Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for an Agriscience Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-7.0** Validity of a Standard Certificate {#sec-1550-7.0 omnilex-key=us-de-regs-official--title-14--1550-7.0}
7.1 An Agriscience Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 An Agriscience Teacher Standard Certificate is not subject to renewal.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-8.0** Disciplinary Action {#sec-1550-8.0 omnilex-key=us-de-regs-official--title-14--1550-8.0}
8.1 An educator's Agriscience Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Agriscience Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-9.0** Past Certificate Recognized {#sec-1550-9.0 omnilex-key=us-de-regs-official--title-14--1550-9.0}
The Department shall recognize an Agriscience Teacher Standard Certificate issued prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach agriscience.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
##### **14 Del. Admin. Code § 1550-10.0** Contact Information and Change of Name or Address {#sec-1550-10.0 omnilex-key=us-de-regs-official--title-14--1550-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Agriscience Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *28 DE Reg. 537 (01/01/25)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *25 DE Reg. 1139 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *7 DE Reg. 100 (01/01/06)*
- *10 DE Reg. 97 (07/01/06)*
- *11 DE Reg. 1648 (06/01/08)*
- *16 DE Reg. 961 (03/01/13)*
- *21 DE Reg. 320 (10/01/17)*
- *25 DE Reg. 1139 (06/01/22)*
- *26 DE Reg. 574 (01/01/23)*
- *28 DE Reg. 537 (01/01/25)*
### **1551** Business, Finance, or Marketing Education Teacher
##### **14 Del. Admin. Code § 1551-1.0** Content {#sec-1551-1.0 omnilex-key=us-de-regs-official--title-14--1551-1.0}
This regulation shall apply to the issuance of a Business, Finance, or Marketing Education Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Business, Finance, or Marketing Education Teacher Standard Certificate is required to teach business, finance, or marketing education in grades 5 to 12 in a Delaware public school.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-2.0** Definitions {#sec-1551-2.0 omnilex-key=us-de-regs-official--title-14--1551-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-3.0** Issuance of a Standard Certificate {#sec-1551-3.0 omnilex-key=us-de-regs-official--title-14--1551-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Business, Finance, or Marketing Education Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a business, finance, or marketing education teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Business, Finance, or Marketing Education Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1551-4.0 omnilex-key=us-de-regs-official--title-14--1551-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in business, finance, or marketing education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.2 Satisfactorily completed an alternative routes for licensure or certification program to teach business, finance, or marketing education as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.3 Satisfactorily completed a Department-approved educator preparation program in business, finance, or marketing education; or
4.1.1.4 If the applicant has been issued an Initial License and a Business, Finance, or Marketing Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Business, Finance, or Marketing Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Business, Finance, or Marketing Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Business, Finance, or Marketing Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score of 154 on the Praxis Subject Assessment - Business Education: Content Knowledge (ETS Test Code # 5101). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved a minimum score on an examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-5.0** Application Requirements {#sec-1551-5.0 omnilex-key=us-de-regs-official--title-14--1551-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Business, Finance, or Marketing Education Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Business, Finance, or Marketing Education Teacher Standard Certificate:
5.3.1 Official transcript from the applicant's regionally accredited college or university.
5.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.1.2 Sealed paper transcripts may be submitted.
5.3.1.3 The Department will not accept copies of transcripts; and
5.3.2 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.3 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Business, Finance, or Marketing Education Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a business, finance, or marketing education teacher issued by another state or jurisdiction, the following documentation is required in the application for a Business, Finance, or Marketing Education Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-6.0** Secretary of Education Review {#sec-1551-6.0 omnilex-key=us-de-regs-official--title-14--1551-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Business, Finance, or Marketing Education Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Business, Finance, or Marketing Education Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-7.0** Validity of a Standard Certificate {#sec-1551-7.0 omnilex-key=us-de-regs-official--title-14--1551-7.0}
7.1 A Business, Finance, or Marketing Education Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Business, Finance, or Marketing Education Teacher Standard Certificate is not subject to renewal.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-8.0** Disciplinary Action {#sec-1551-8.0 omnilex-key=us-de-regs-official--title-14--1551-8.0}
8.1 An educator's Business, Finance, or Marketing Education Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Business, Finance, or Marketing Education Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-9.0** Past Certificate Recognized {#sec-1551-9.0 omnilex-key=us-de-regs-official--title-14--1551-9.0}
The Department shall recognize a Business Education Teacher Standard Certificate issued prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach business, finance, or marketing education.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
##### **14 Del. Admin. Code § 1551-10.0** Contact Information and Change of Name or Address {#sec-1551-10.0 omnilex-key=us-de-regs-official--title-14--1551-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Business, Finance, or Marketing Education Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *26 DE Reg. 575 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1649 (06/01/08)*
- *16 DE Reg. 962 (03/01/13)*
- *21 DE Reg. 322 (10/01/17)*
- *26 DE Reg. 575 (01/01/23)*
- *28 DE Reg. 306 (10/01/24)*
### **1552** Junior Reserve Officers' Training Corps (JROTC) Teacher
##### **14 Del. Admin. Code § 1552-1.0** Content {#sec-1552-1.0 omnilex-key=us-de-regs-official--title-14--1552-1.0}
This regulation shall apply to the issuance of a JROTC Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The JROTC Teacher Standard Certificate is required for JROTC instructors in Delaware public schools.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-2.0** Definitions {#sec-1552-2.0 omnilex-key=us-de-regs-official--title-14--1552-2.0}
The following words and terms, when used in this regulation shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her unfitness or otherwise.
"JROTC" means a Junior Reserve Officers' Training Corps program that is conducted at a Delaware public school by instructors who are retired Air Force, Army, Coast Guard, Marine Corps, or Navy officers and enlisted personnel.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-3.0** Issuance of a Standard Certificate {#sec-1552-3.0 omnilex-key=us-de-regs-official--title-14--1552-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a JROTC Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and holds a valid and current license or certificate as a JROTC teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a JROTC Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation's resolution.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1552-4.0 omnilex-key=us-de-regs-official--title-14--1552-4.0}
4.1 The applicant shall have satisfied the education requirement in subsection 4.1.1.
4.1.1 The applicant shall have obtained and currently maintain certification as a JROTC instructor issued by the Secretary of the applicable military department pursuant to 10 U.S.C. §2033.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-5.0** Application Requirements {#sec-1552-5.0 omnilex-key=us-de-regs-official--title-14--1552-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a JROTC Teacher Standard Certificate.
5.3 For applicants who are applying for the JROTC Teacher Standard Certificate under subsection 3.1.1, the following documentation is required with the application:
5.3.1 Proof the applicant obtained and currently maintains certification as a JROTC instructor issued by the Secretary of the applicable military department pursuant to 10 U.S.C. §2033; and
5.3.2 Additional documentation as required by the Department.
5.4 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a JROTC teacher from another state or jurisdiction, the following documentation is required in the application for a JROTC Teacher Standard Certificate:
5.4.1 An official copy of the valid and current license or certificate; and
5.4.2 Additional documentation as required by the Department.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-6.0** Secretary of Education Review {#sec-1552-6.0 omnilex-key=us-de-regs-official--title-14--1552-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a JROTC Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a JROTC Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-7.0** Validity of a Standard Certificate {#sec-1552-7.0 omnilex-key=us-de-regs-official--title-14--1552-7.0}
7.1 A JROTC Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A JROTC Teacher Standard Certificate is not subject to renewal.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-8.0** Requirements Related to the Retention of a JROTC Teacher Standard Certificate {#sec-1552-8.0 omnilex-key=us-de-regs-official--title-14--1552-8.0}
8.1 In order to retain a JROTC Teacher Standard Certificate, the educator shall:
8.1.1 Hold an Initial, Continuing, or Advanced License and meet any requirements related to the retention of the license; and
8.1.2 Maintain certification as a JROTC instructor issued by the Secretary of the applicable military department pursuant to 10 U.S.C. §2033.
8.2 If an educator fails to meet any of the requirements related to retaining a JROTC Teacher Standard Certificate, the educator shall immediately notify the Department in writing.
8.3 The requirements set forth in subsections 8.1.1 and 8.1.2 apply to all educators regardless of the date the JROTC Teacher Standard Certificate was issued.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-9.0** Disciplinary Action {#sec-1552-9.0 omnilex-key=us-de-regs-official--title-14--1552-9.0}
9.1 An educator's JROTC Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the educator's failure to comply with the requirements related to the retention of a JROTC Teacher Standard Certificate as provided in Section 8.0 of this regulation.
9.2 An educator's JROTC Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
9.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with the 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *27 DE Reg. 528 (01/01/24)*
##### **14 Del. Admin. Code § 1552-10.0** Contact Information and Change of Name or Address {#sec-1552-10.0 omnilex-key=us-de-regs-official--title-14--1552-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the JROTC Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *27 DE Reg. 528 (01/01/24)*
### **1553** Driver and Traffic Safety Education Teacher
##### **14 Del. Admin. Code § 1553-1.0** Content {#sec-1553-1.0 omnilex-key=us-de-regs-official--title-14--1553-1.0}
This regulation shall apply to the requirements for a Driver and Traffic Safety Education Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required to teach driver and traffic safety education in a Delaware public school.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-2.0** Definitions {#sec-1553-2.0 omnilex-key=us-de-regs-official--title-14--1553-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-3.0** Issuance of a Standard Certificate {#sec-1553-3.0 omnilex-key=us-de-regs-official--title-14--1553-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Driver and Traffic Safety Education Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a driver and traffic safety education teacher issued by another state or jurisdiction whose requirements are substantially similar to the requirements in Section 4.0 of this regulation; or
3.1.3 Has met the requirements for an educator's license in Delaware and meets the requirements set forth in Section 5.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Driver and Traffic Safety Education Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1553-4.0 omnilex-key=us-de-regs-official--title-14--1553-4.0}
4.1 An applicant for a Driver and Traffic Safety Education Teacher Standard Certificate shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have completed a minimum of 21 college credits or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department in the following areas:
4.1.1.1 Human development (3 credits);
4.1.1.2 Introduction to exceptional children (3 credits);
4.1.1.3 Effective teaching strategies (3 credits);
4.1.1.4 Cultural diversity (3 credits);
4.1.1.5 Driver education: methods and materials (3 credits);
4.1.1.6 Driver education: in-car training (3 credits); and
4.1.1.7 One of the following:
4.1.1.7.1 Alcohol and drug education (3 credits);
4.1.1.7.2 Current issues in driver education (3 credits);
4.1.1.7.3 Safety in driver education (3 credits);
4.1.1.7.4 First aid (3 credits);
4.1.1.7.5 Curriculum and instruction for exceptional learners (3 credits);
4.1.1.7.6 Education for safe living (3 credits);
4.1.1.7.7 Technology and teaching driver education (3 credits); or
4.1.1.7.8 Driving task analysis (3 credits).
4.1.2 The applicant shall hold a valid and current driver's license.
4.1.3 The applicant's driving record shall have no more than 5 points total from Delaware or 5 points or the equivalence of 5 points in citations from any other jurisdiction in the 5 years prior to the date of the application.
4.1.4 The applicant's driver's license shall not have been suspended, revoked, or disqualified in Delaware or any other jurisdiction in the 5 years prior to the date of the application.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-5.0** Reciprocity {#sec-1553-5.0 omnilex-key=us-de-regs-official--title-14--1553-5.0}
5.1 If an applicant is already licensed or certified as a driver and traffic safety education teacher in a state or jurisdiction whose requirements are not substantially similar to the requirements in Section 4.0, the applicant shall have satisfied the requirements in subsections 5.1.1 through 5.1.6 in order for the Department to issue a Driver and Traffic Safety Education Teacher Standard Certificate.
5.1.1 The applicant shall hold a valid and current license or certificate as a driver and safety education teacher.
5.1.2 The applicant shall hold a bachelor's degree in any content area from a regionally accredited college or university.
5.1.3 The applicant shall have completed a minimum of 21 college credits or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department in the areas specified in subsections 4.1.1.1 through 4.1.1.7.
5.1.4 The applicant shall hold a valid and current driver's license.
5.1.5 The applicant's driving record shall have no more than 5 points total or the equivalence of 5 points in citations from any jurisdiction in the 5 years prior to the date of the application.
5.1.6 The applicant's driver's license shall not have been suspended, revoked, or disqualified in any jurisdiction in the 5 years prior to the date of the application.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-6.0** Application Requirements {#sec-1553-6.0 omnilex-key=us-de-regs-official--title-14--1553-6.0}
6.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
6.2 An applicant must disclose the applicant's criminal conviction history upon application for a Driver and Traffic Safety Education Teacher Standard Certificate. Failure to disclose a criminal conviction history is grounds for denial of a Driver and Traffic Safety Education Teacher Standard Certificate as specified in 14 Del.C. §1219.
6.3 For an applicant who is applying under subsection 3.1.1, the following documentation is required with the application for a Driver and Traffic Safety Education Teacher Standard Certificate:
6.3.1 Official transcript from the applicant's regionally accredited college or university.
6.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
6.3.1.2 Sealed paper transcripts may be submitted.
6.3.1.3 The Department will not accept copies of transcripts; and
6.3.2 Documents verifying successful completion of Department-approved professional development, if applicable; and
6.3.3 Documentation that the applicant holds a valid and current driver's license; and
6.3.4 A copy of the applicant's 5-year driving record; and
6.3.5 Additional documentation as required by the Department.
6.4 For an applicant who is applying under subsection 3.1.2, the following documentation is required with the application for a Driver and Traffic Safety Education Teacher Standard Certificate:
6.4.1 An official copy of the valid and current license or certificate as a driver and traffic safety education teacher; and
6.4.2 Additional documentation as required by the Department.
6.5 For an applicant who is applying under subsection 3.1.3, the following documentation is required with the application for a Driver and Traffic Safety Education Teacher Standard Certificate:
6.5.1 An official copy of the valid and current license or certificate as a driver and traffic safety education teacher; and
6.5.2 Official transcript from the applicant's regionally accredited college or university.
6.5.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
6.5.2.2 Sealed paper transcripts may be submitted.
6.5.2.3 The Department will not accept copies of transcripts; and
6.5.3 Documents verifying successful completion of Department-approved professional development, if applicable; and
6.5.4 Documentation that the applicant holds a valid and current driver's license; and
6.5.5 A copy of the applicant's 5-year driving record; and
6.5.6 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-7.0** Secretary of Education Review {#sec-1553-7.0 omnilex-key=us-de-regs-official--title-14--1553-7.0}
7.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Driver and Traffic Safety Education Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Driver and Traffic Safety Education Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
7.1.1 For school districts, requests shall be approved by the superintendent of the school district.
7.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-8.0** Validity of a Standard Certificate {#sec-1553-8.0 omnilex-key=us-de-regs-official--title-14--1553-8.0}
8.1 A Driver and Traffic Safety Education Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's License remains current and valid.
8.2 A Driver and Traffic Safety Education Teacher Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-9.0** Requirements Related to the Retention of a Driver and Traffic Safety Education Teacher Standard Certificate {#sec-1553-9.0 omnilex-key=us-de-regs-official--title-14--1553-9.0}
9.1 In order to retain a Driver and Traffic Safety Education Teacher Standard Certificate, the educator shall:
9.1.1 Hold a valid and current driver's license; and
9.1.2 Maintain a driving record that has no more than 5 points total from Delaware or 5 points or the equivalence of 5 points in citations from any other jurisdiction; and
9.1.3 Prior to the expiration of the educator's license, affirm and document to the Department that the educator satisfies the applicable requirements in subsections 9.1.1 and 9.1.2 of this regulation.
9.2 If an educator fails to meet any of the requirements related to retaining a Driver and Traffic Safety Education Teacher Standard Certificate, the educator shall immediately notify the Department in writing.
9.3 The requirements set forth in subsection 9.1 apply to all educators regardless of the date the Driver and Traffic Safety Education Teacher Standard Certificate was issued to them.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-10.0** Disciplinary Action {#sec-1553-10.0 omnilex-key=us-de-regs-official--title-14--1553-10.0}
10.1 An educator's Driver and Traffic Safety Education Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the educator's failure to comply with the requirements related to the retention of a Driver and Traffic Safety Education Teacher Standard Certificate as provided in Section 9.0.
10.2 An educator's Driver and Traffic Safety Education Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
10.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-11.0** Past Certificate Recognized {#sec-1553-11.0 omnilex-key=us-de-regs-official--title-14--1553-11.0}
The Department shall recognize a Driver and Traffic Safety Education Teacher Standard Certificate issued prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach driver and traffic safety education.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
##### **14 Del. Admin. Code § 1553-12.0** Contact Information and Change of Name or Address {#sec-1553-12.0 omnilex-key=us-de-regs-official--title-14--1553-12.0}
12.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
12.2 An educator who legally changes the educator's name and wishes to change the name on the Driver and Traffic Safety Education Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
12.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
- *26 DE Reg. 105 (08/01/22)*
- *26 DE Reg. 105 (08/01/22)*
- *9 DE Reg. 545 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 628 (12/01/12)*
- *21 DE Reg. 324 (10/01/17)*
- *26 DE Reg. 105 (08/01/22)*
- *27 DE Reg. 677 (03/01/24)*
### **1554** Family and Consumer Sciences Teacher
##### **14 Del. Admin. Code § 1554-1.0** Content {#sec-1554-1.0 omnilex-key=us-de-regs-official--title-14--1554-1.0}
Effective September 1, 2025, the Delaware Department of Education no longer issues the Family and Consumer Sciences Teacher Standard Certificate. Applicants who want to become certified to teach family and consumer sciences in grades 5 to 12 in a Delaware public school shall meet the requirements for the issuance of a Skilled and Technical Sciences Teacher Standard Certificate set forth in 14 DE Admin. Code 1559 Skilled and Technical Sciences Teacher.
**History**
- *11 DE Reg. 1651 (06/01/08)*
- *26 DE Reg. 577 (01/01/23)*
- *28 DE Reg. 735 (04/01/25)*
- *28 DE Reg. 735 (04/01/25)*
- *8 DE Reg. 553 (10/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1651 (06/01/08)*
- *16 DE Reg. 963 (03/01/13)*
- *21 DE Reg. 326 (10/01/17)*
- *26 DE Reg. 577 (01/01/23)*
- *28 DE Reg. 735 (04/01/25)*
##### **14 Del. Admin. Code § 1554-2.0** Past Certificate Recognized {#sec-1554-2.0 omnilex-key=us-de-regs-official--title-14--1554-2.0}
The Department shall recognize a Family and Consumer Sciences Teacher Standard Certificate issued prior to September 1, 2025. An educator holding such a Standard Certificate shall be considered certified to teach family and consumer sciences in grades 5 to 12 in a Delaware public school.
**History**
- *11 DE Reg. 1651 (06/01/08)*
- *26 DE Reg. 577 (01/01/23)*
- *28 DE Reg. 735 (04/01/25)*
- *28 DE Reg. 735 (04/01/25)*
- *8 DE Reg. 553 (10/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1651 (06/01/08)*
- *16 DE Reg. 963 (03/01/13)*
- *21 DE Reg. 326 (10/01/17)*
- *26 DE Reg. 577 (01/01/23)*
- *28 DE Reg. 735 (04/01/25)*
##### **14 Del. Admin. Code § 1554-3.0** Effective Date {#sec-1554-3.0 omnilex-key=us-de-regs-official--title-14--1554-3.0}
This regulation shall be effective on September 1, 2025.
**History**
- *11 DE Reg. 1651 (06/01/08)*
- *26 DE Reg. 577 (01/01/23)*
- *28 DE Reg. 735 (04/01/25)*
- *28 DE Reg. 735 (04/01/25)*
- *8 DE Reg. 553 (10/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1651 (06/01/08)*
- *16 DE Reg. 963 (03/01/13)*
- *21 DE Reg. 326 (10/01/17)*
- *26 DE Reg. 577 (01/01/23)*
- *28 DE Reg. 735 (04/01/25)*
### **1555** Marketing Education Teacher
##### **14 Del. Admin. Code § 1555-1.0** Content {#sec-1555-1.0 omnilex-key=us-de-regs-official--title-14--1555-1.0}
As of the effective date of this regulation, the Delaware Department of Education no longer issues the Marketing Education Teacher Standard Certificate. Applicants who want to become certified to teach business, finance, or marketing education in grades 5 to 12 of a Delaware public school shall meet the requirements for the issuance of a Business, Finance, or Marketing Education Teacher Standard Certificate set forth in 14 DE Admin. Code 1551 Business, Finance, or Marketing Education Teacher.
**History**
- *11 DE Reg. 1653 (06/01/08)*
- *26 DE Reg. 579 (01/01/23)*
- *8 DE Reg. 1611 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1653 (06/01/08)*
- *16 DE Reg. 965 (03/01/13)*
- *21 DE Reg. 328 (10/01/17)*
- *26 DE Reg. 579 (01/01/23)*
##### **14 Del. Admin. Code § 1555-2.0** Past Certificate Recognized {#sec-1555-2.0 omnilex-key=us-de-regs-official--title-14--1555-2.0}
The Department shall recognize a Marketing Education Teacher Standard Certificate issued prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to teach marketing education in grades 5 to 12 in a Delaware public school.
**History**
- *11 DE Reg. 1653 (06/01/08)*
- *26 DE Reg. 579 (01/01/23)*
- *8 DE Reg. 1611 (05/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1653 (06/01/08)*
- *16 DE Reg. 965 (03/01/13)*
- *21 DE Reg. 328 (10/01/17)*
- *26 DE Reg. 579 (01/01/23)*
### **1556** School to Work Transition Teacher
##### **14 Del. Admin. Code § 1556-1.0** Content {#sec-1556-1.0 omnilex-key=us-de-regs-official--title-14--1556-1.0}
This regulation shall apply to the issuance and retention of a School to Work Transition Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The School to Work Transition Teacher Standard Certificate is required for educators who provide employability skills training, career exploration, and counseling and support in the transition to and graduation from high school for grades 6 to 12 in Delaware public schools.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
##### **14 Del. Admin. Code § 1556-2.0** Definitions {#sec-1556-2.0 omnilex-key=us-de-regs-official--title-14--1556-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license issued by another state or jurisdiction. This means the educator is fully credentialed by having met all of the requirements for full licensure or certification in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
##### **14 Del. Admin. Code § 1556-3.0** Issuance of a Standard Certificate {#sec-1556-3.0 omnilex-key=us-de-regs-official--title-14--1556-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a School to Work Transition Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a Valid and Current License or Certificate as a school to work transition teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School to Work Transition Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
##### **14 Del. Admin. Code § 1556-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1556-4.0 omnilex-key=us-de-regs-official--title-14--1556-4.0}
4.1 An applicant for a School to Work Transition Teacher Standard Certificate shall have satisfied one of the following education requirements:
4.1.1 The applicant earned a bachelor's degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in school to work transition education from an educator preparation program approved or recognized by the National Council for the Accreditation of Teacher Education (NCATE), the Council for the Accreditation of Educator Preparation (CAEP), or a state where the state approval body employed the appropriate standards; or
4.1.2 The applicant satisfactorily completed a Department-approved educator preparation program in school to work transition; or
4.1.3 The applicant earned a bachelor's degree from a Regionally Accredited college or university in any content area and satisfactorily completed a professional development program developed by Jobs for Delaware Graduates (JDG) and approved by the Department. The program shall include not less than 150 hours of professional development in the following areas:
4.1.3.1 Classroom management and student engagement;
4.1.3.2 Instructional practices for school to work transition programs;
4.1.3.3 Career coaching and student goal planning;
4.1.3.4 Creating and maintaining data systems and contracts for school to work transition programs; and
4.1.3.5 School to work curriculum and assessment.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
##### **14 Del. Admin. Code § 1556-5.0** Application Requirements {#sec-1556-5.0 omnilex-key=us-de-regs-official--title-14--1556-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 For an applicant who is applying for the School to Work Transition Teacher Standard Certificate under subsection 3.1.1 of this regulation, the following documentation is required in the application:
5.2.1 Official transcript from the applicant's Regionally Accredited college or university.
5.2.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's Regionally Accredited college or university; or
5.2.1.2 Sealed paper transcripts may be submitted.
5.2.1.3 The Department will not accept copies of transcripts; and
5.2.2 Documentation that the applicant completed a Department-approved professional development program developed by JDG, if applicable; and
5.2.3 Additional documentation as required by the Department.
5.3 For an applicant who is applying for the School to Work Transition Teacher Standard Certificate under subsection 3.1.2 of this regulation, the following documentation is required in the application:
5.3.1 An official copy of the Valid and Current License or Certificate; and
5.3.2 Additional documentation as required by the Department.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
##### **14 Del. Admin. Code § 1556-6.0** Validity of a Standard Certificate {#sec-1556-6.0 omnilex-key=us-de-regs-official--title-14--1556-6.0}
6.1 A School to Work Transition Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
6.2 A School to Work Transition Teacher Standard Certificate is not subject to renewal.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
##### **14 Del. Admin. Code § 1556-7.0** Disciplinary Action {#sec-1556-7.0 omnilex-key=us-de-regs-official--title-14--1556-7.0}
7.1 An Educator's School to Work Transition Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
7.2 An Educator's School to Work Transition Teacher Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
7.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
##### **14 Del. Admin. Code § 1556-8.0** Secretary of Education Review {#sec-1556-8.0 omnilex-key=us-de-regs-official--title-14--1556-8.0}
8.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a School to Work Transition Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School to Work Transition Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
8.1.1 For school districts, requests shall be approved by the superintendent of the school district.
8.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
##### **14 Del. Admin. Code § 1556-9.0** Past Certificate Recognized {#sec-1556-9.0 omnilex-key=us-de-regs-official--title-14--1556-9.0}
The Department shall recognize a School to Work Transition Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to teach school to work transition.
**History**
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *25 DE Reg. 515 (11/01/21)*
- *9 DE Reg. 136 (07/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1355 (06/01/11)*
- *25 DE Reg. 515 (11/01/21)*
### **1557** Technology and Engineering Teacher
##### **14 Del. Admin. Code § 1557-1.0** Content {#sec-1557-1.0 omnilex-key=us-de-regs-official--title-14--1557-1.0}
This regulation shall apply to the issuance of a Technology and Engineering Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). This Technology and Engineering Teacher Standard Certificate is required to teach Technology and Engineering Education in grades 5 to 12 in a Delaware public school.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-2.0** Definitions {#sec-1557-2.0 omnilex-key=us-de-regs-official--title-14--1557-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Technology and Engineering Education” means the study of STEM in the core contexts of: Computation, Automation, Artificial Intelligence, and Robotics; Material Conversion and Processing; Transportation and Logistics; Energy and Power; Information and Communication; the Built Environment; Medical and Health-Related Technologies; Agricultural and Biological Technologies. The study is defined by the core disciplinary standards and practices identified in the Standards for Technological and Engineering Literacy.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-3.0** Issuance of a Standard Certificate {#sec-1557-3.0 omnilex-key=us-de-regs-official--title-14--1557-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Technology and Engineering Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a technology and engineering teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Technology and Engineering Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1557-4.0 omnilex-key=us-de-regs-official--title-14--1557-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in Technology and Engineering Education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.2 Satisfactorily completed an alternative routes for licensure or certification program to teach Technology and Engineering Education as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.3 Satisfactorily completed a Department-approved educator preparation program in Technology and Engineering Education; or
4.1.1.4 If the applicant has been issued an Initial License and a Technology and Engineering Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Technology and Engineering Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Technology and Engineering Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Technology and Engineering Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score on 1 of the following examinations.
4.1.2.1 A minimum score of 159 on the Praxis Subject Assessment - Technology Education (ETS Test Code # 5051); or
4.1.2.2 A minimum score of 157 on the Praxis Subject Assessment - Technology and Engineering Education (ETS Test Code # 5053).
4.1.2.3 Notwithstanding subsections 4.1.2.1 and 4.1.2.2, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on 1 of the examinations as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-5.0** Application Requirements {#sec-1557-5.0 omnilex-key=us-de-regs-official--title-14--1557-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Technology and Engineering Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Technology and Engineering Teacher Standard Certificate:
5.3.1 Official transcript from the applicant's regionally accredited college or university.
5.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.1.2 Sealed paper transcripts may be submitted.
5.3.1.3 The Department will not accept copies of transcripts; and
5.3.2 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.3 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Technology and Engineering Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a technology and engineering teacher from another state or jurisdiction, the following documentation is required in the application for a Technology and Engineering Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-6.0** Secretary of Education Review {#sec-1557-6.0 omnilex-key=us-de-regs-official--title-14--1557-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Technology and Engineering Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Technology and Engineering Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-7.0** Validity of a Standard Certificate {#sec-1557-7.0 omnilex-key=us-de-regs-official--title-14--1557-7.0}
7.1 A Technology and Engineering Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Technology and Engineering Teacher Standard Certificate is not subject to renewal.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-8.0** Disciplinary Action {#sec-1557-8.0 omnilex-key=us-de-regs-official--title-14--1557-8.0}
8.1 An educator's Technology and Engineering Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Technology and Engineering Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-9.0** Past Certificate Recognized {#sec-1557-9.0 omnilex-key=us-de-regs-official--title-14--1557-9.0}
The Department shall recognize a Technology Education Teacher Standard Certificate issued prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach Technology and Engineering Education.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
##### **14 Del. Admin. Code § 1557-10.0** Contact Information and Change of Name or Address {#sec-1557-10.0 omnilex-key=us-de-regs-official--title-14--1557-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Technology and Engineering Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *11 DE Reg. 1654 (06/01/08)*
- *26 DE Reg. 54 (07/01/22)*
- *11 DE Reg. 1654 (06/01/08)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *9 DE Reg. 547 (10/01/05)*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *28 DE Reg. 307 (10/01/24)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 54 (07/01/22)*
- *9 DE Reg. 547 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 1654 (06/01/08)*
- *16 DE Reg. 967 (03/01/13)*
- *21 DE Reg. 330 (10/01/17)*
- *26 DE Reg. 54 (07/01/22)*
- *26 DE Reg. 580 (01/01/23)*
- *28 DE Reg. 307 (10/01/24)*
### **1558** Theatre Teacher
##### **14 Del. Admin. Code § 1558-1.0** Content {#sec-1558-1.0 omnilex-key=us-de-regs-official--title-14--1558-1.0}
This regulation shall apply to the issuance of a Theatre Teacher Standard Certificate, pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for grades K to 12 in Delaware public schools.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-2.0** Definitions {#sec-1558-2.0 omnilex-key=us-de-regs-official--title-14--1558-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-3.0** Issuance of a Standard Certificate {#sec-1558-3.0 omnilex-key=us-de-regs-official--title-14--1558-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Theatre Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator’s license in Delaware and presents proof of a valid and current license or certificate as a theater education teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Theatre Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1558-4.0 omnilex-key=us-de-regs-official--title-14--1558-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Earned a bachelor’s degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in theater education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.2 Satisfactorily completed an alternative routes for licensure or certification program to teach theater as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.3 Satisfactorily completed a Department-approved educator preparation program in theater education; or
4.1.1.4 If the applicant has been issued an Initial License and a Theatre Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Theatre Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Theatre Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Theatre Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score of 153 on the Praxis Subject Assessment – Theatre (ETS Test Code # 5641). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on the examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-5.0** Application Requirements {#sec-1558-5.0 omnilex-key=us-de-regs-official--title-14--1558-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Theatre Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Theatre Teacher Standard Certificate:
5.3.1 Official transcript from the applicant’s regionally accredited college or university.
5.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
5.3.1.2 Sealed paper transcripts may be submitted.
5.3.1.3 The Department will not accept copies of transcripts; and
5.3.2 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.3 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Theatre Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a theater education teacher from another state or jurisdiction, the following documentation is required in the application for a Theatre Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-6.0** Secretary of Education Review {#sec-1558-6.0 omnilex-key=us-de-regs-official--title-14--1558-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Theatre Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Theatre Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-7.0** Validity of a Standard Certificate {#sec-1558-7.0 omnilex-key=us-de-regs-official--title-14--1558-7.0}
7.1 A Theatre Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
7.2 A Theatre Teacher Standard Certificate is not subject to renewal.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-8.0** Disciplinary Action {#sec-1558-8.0 omnilex-key=us-de-regs-official--title-14--1558-8.0}
8.1 An educator’s Theatre Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator’s Theatre Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-9.0** Past Certificate Recognized {#sec-1558-9.0 omnilex-key=us-de-regs-official--title-14--1558-9.0}
The Department shall recognize a Theatre Teacher Standard Certificate issued by the Department prior to effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach theater education.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
##### **14 Del. Admin. Code § 1558-10.0** Contact Information and Change of Name or Address {#sec-1558-10.0 omnilex-key=us-de-regs-official--title-14--1558-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Theatre Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *25 DE Reg. 847 (03/01/22)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *25 DE Reg. 847 (03/01/22)*
- *11 DE Reg. 1235 (03/01/08)*
- *16 DE Reg. 849 (02/01/13)*
- *25 DE Reg. 847 (03/01/22)*
- *26 DE Reg. 581 (01/01/23)*
- *28 DE Reg. 134 (08/01/24)*
### **1560** Visual Arts Teacher
##### **14 Del. Admin. Code § 1560-1.0** Content {#sec-1560-1.0 omnilex-key=us-de-regs-official--title-14--1560-1.0}
This regulation shall apply to the issuance of a Visual Arts Teacher Standard Certificate, pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for grades K to 12 in Delaware public schools.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-2.0** Definitions {#sec-1560-2.0 omnilex-key=us-de-regs-official--title-14--1560-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-3.0** Issuance of a Standard Certificate {#sec-1560-3.0 omnilex-key=us-de-regs-official--title-14--1560-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator’s license in Delaware and presents proof of a valid and current license or certificate as a visual arts teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Visual Arts Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1560-4.0 omnilex-key=us-de-regs-official--title-14--1560-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an art certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in art education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach art as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in art education; or
4.1.1.5 If the applicant has been issued an Initial License and a Visual Arts Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Visual Arts Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Visual Arts Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Visual Arts Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score of 158 on the Praxis Subject Assessment – Art: Content Knowledge (ETS Test Code # 5134). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on the examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-5.0** Application Requirements {#sec-1560-5.0 omnilex-key=us-de-regs-official--title-14--1560-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Visual Arts Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Visual Arts Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining an art certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Visual Arts Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a visual arts teacher from another state or jurisdiction, the following documentation is required in the application for a Visual Arts Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-6.0** Secretary of Education Review {#sec-1560-6.0 omnilex-key=us-de-regs-official--title-14--1560-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Visual Arts Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Visual Arts Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-7.0** Validity of a Standard Certificate {#sec-1560-7.0 omnilex-key=us-de-regs-official--title-14--1560-7.0}
7.1 A Visual Arts Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
7.2 A Visual Arts Teacher Standard Certificate is not subject to renewal.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-8.0** Disciplinary Action {#sec-1560-8.0 omnilex-key=us-de-regs-official--title-14--1560-8.0}
8.1 An educator’s Visual Arts Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator’s Visual Arts Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-9.0** Past Certificate Recognized {#sec-1560-9.0 omnilex-key=us-de-regs-official--title-14--1560-9.0}
The Department shall recognize a Visual Arts Teacher Standard Certificate issued by the Department prior to effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach visual arts.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
##### **14 Del. Admin. Code § 1560-10.0** Contact Information and Change of Name or Address {#sec-1560-10.0 omnilex-key=us-de-regs-official--title-14--1560-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Visual Arts Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *25 DE Reg. 852 (03/01/22)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1304 (04/01/10)*
- *19 DE Reg. 499 (12/01/15)*
- *25 DE Reg. 852 (03/01/22)*
- *26 DE Reg. 583 (01/01/23)*
- *28 DE Reg. 136 (08/01/24)*
### **1561** Bilingual Teacher
##### **14 Del. Admin. Code § 1561-1.0** Content {#sec-1561-1.0 omnilex-key=us-de-regs-official--title-14--1561-1.0}
1.1 This regulation shall apply to the issuance of a Bilingual Teacher Standard Certificate (Category) pursuant to 14 Del.C. §1220(a).
1.1.1 This Standard Certificate is required for an Educator within charter school and district-identified bilingual classrooms or bilingual programs for grades K to 12 that are identified to serve students who are English Learners or immersion program students in Delaware public schools.
1.1.2 The Bilingual Teacher Standard Certificate is a category Standard Certificate and does not certify an Educator to practice in a particular area or teach a particular subject. A category Standard Certificate only establishes that an Educator has met the prescribed education, knowledge, or skill to instruct a particular category of students. The Bilingual Teacher Standard Certificate is limited to the category of students who are English Learners or immersion program students.
1.1.3 An Educator shall hold at least one content area Standard Certificate.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
##### **14 Del. Admin. Code § 1561-2.0** Definitions {#sec-1561-2.0 omnilex-key=us-de-regs-official--title-14--1561-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Passing Score” means a minimum score as established by the Standards Board, in consultation with the Department and with the approval of the State Board of Education.
“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Target Language" means the world language of the bilingual classroom or bilingual program.
"Valid and Current License or Certificate" means a current full or permanent certificate or license issued by another state or jurisdiction. This means the educator is fully credentialed by having met all of the requirements for full licensure or certification in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
##### **14 Del. Admin. Code § 1561-3.0** Issuance of a Standard Certificate {#sec-1561-3.0 omnilex-key=us-de-regs-official--title-14--1561-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Bilingual Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for licensure and holds a Valid and Current License or Certificate in bilingual education.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Bilingual Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
##### **14 Del. Admin. Code § 1561-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1561-4.0 omnilex-key=us-de-regs-official--title-14--1561-4.0}
4.1 An applicant shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have satisfied one of the following education requirements:
4.1.1.1 Obtained and currently maintain an English as a New Language certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's, master's, or doctoral degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in bilingual education from an educator preparation program approved or recognized by the National Council for the Accreditation of Teacher Education (NCATE), the Council for the Accreditation of Educator Preparation (CAEP), or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach English Learners as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in bilingual education; or
4.1.1.5 Earned a bachelor's degree from a Regionally Accredited college or university in any content area and satisfactorily completed 15 college credits or the equivalent number of hours with one credit equating to 15 hours taken either as part of or in addition to a degree program from a Regionally Accredited college or university or a professional development provider approved by the Department in the following areas:
4.1.1.5.1 Methods of Teaching English as a Second Language (3 credits);
4.1.1.5.2 Second Language Acquisition (3 credits);
4.1.1.5.3 Teaching Literacy for English Learners (3 credits);
4.1.1.5.4 Second Language Testing (3 credits); and
4.1.1.5.5 Structure of the English Language (3 credits).
4.1.2 The applicant shall have demonstrated oral and written proficiency in English by satisfying one of the following requirements:
4.1.2.1 Earned a bachelor's, master's, or doctoral degree from a Regionally Accredited college or university that is located in the United States or in a permanently inhabited territory of the United States in which the majority of courses were taught and assessed in the English language; or
4.1.2.2 Achieved a minimum level of Advanced Mid based on the American Council on the Teaching of Foreign Languages (ACTFL) Proficiency Guidelines on:
4.1.2.2.1 The ACTFL Oral Proficiency Interview (OPI) in English; and
4.1.2.2.2 The ACTFL Writing Proficiency Test (WPT) in English.
4.1.3 The applicant shall have demonstrated oral and written proficiency in the Target Language of the bilingual classroom or bilingual program by satisfying both of the following requirements:
4.1.3.1 Achieved a minimum level of Advanced Mid based on the ACTFL Proficiency Guidelines on the ACTFL OPI in the Target Language; and
4.1.3.2 Achieved a Passing Score on the ACTFL WPT in the Target Language.
4.1.3.2.1 For the purposes of subsection 4.1.3.2 of this regulation, a Passing Score shall be:
4.1.3.2.1.1 For tests using the Roman alphabet, achieving a minimum level of Advanced Mid based on the ACTFL Proficiency Guidelines.
4.1.3.2.1.2 For tests using a non-Roman alphabet, achieving a minimum level of Advanced Low based on the ACTFL Proficiency Guidelines.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
##### **14 Del. Admin. Code § 1561-5.0** Application Requirements {#sec-1561-5.0 omnilex-key=us-de-regs-official--title-14--1561-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 For an applicant who is applying for a Bilingual Teacher Standard Certificate under subsection 3.1.1 of this regulation, the following documentation is required in the application:
5.2.1 Evidence of obtaining and maintaining an English as a New Language certificate from the National Board for Professional Teaching Standards, if applicable; and
5.2.2 Official transcript from the applicant's Regionally Accredited college or university.
5.2.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's Regionally Accredited college or university; or
5.2.2.2 Sealed paper transcripts may be submitted.
5.2.2.3 The Department will not accept copies of transcripts; and
5.2.3 Official scores on the ACTFL OPI and WPT in English as provided in subsection 4.1.2.2, if applicable; and
5.2.4 Official scores on the ACTFL OPI and WPT in the Target Language as provided in subsection 4.1.3; and
5.2.5 Additional documentation as required by the Department.
5.3 For an applicant who is applying for the Bilingual Teacher Standard Certificate under subsection 3.1.2, the following documentation is required in the application:
5.3.1 An official copy of the Valid and Current License or Certificate; and
5.3.2 Additional documentation as required by the Department.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
##### **14 Del. Admin. Code § 1561-6.0** Validity of a Standard Certificate {#sec-1561-6.0 omnilex-key=us-de-regs-official--title-14--1561-6.0}
6.1 A Bilingual Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
6.2 A Bilingual Teacher Standard Certificate is not subject to renewal.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
##### **14 Del. Admin. Code § 1561-7.0** Disciplinary Action {#sec-1561-7.0 omnilex-key=us-de-regs-official--title-14--1561-7.0}
7.1 An Educator's Bilingual Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
7.2 An Educator's Bilingual Teacher Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
7.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
##### **14 Del. Admin. Code § 1561-8.0** Secretary of Education Review {#sec-1561-8.0 omnilex-key=us-de-regs-official--title-14--1561-8.0}
8.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Bilingual Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Bilingual Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school district.
8.1.1 For school districts, requests shall be approved by the superintendent of the school district.
8.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
##### **14 Del. Admin. Code § 1561-9.0** Past Certificate Recognized {#sec-1561-9.0 omnilex-key=us-de-regs-official--title-14--1561-9.0}
The Department shall recognize a Bilingual Teacher Standard Certificate issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to instruct English Learners or immersion program students.
**History**
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *25 DE Reg. 90 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 693 (10/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 339 (09/01/08)*
- *20 DE Reg. 447 (12/01/16)*
- *25 DE Reg. 90 (07/01/21)*
### **1562** Teacher of English Learners
##### **14 Del. Admin. Code § 1562-1.0** Content {#sec-1562-1.0 omnilex-key=us-de-regs-official--title-14--1562-1.0}
This regulation shall apply to the issuance of a Teacher of English Learners Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for grades K to 12 in Delaware public schools.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-2.0** Definitions {#sec-1562-2.0 omnilex-key=us-de-regs-official--title-14--1562-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and Current License or Certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-3.0** Issuance of a Standard Certificate {#sec-1562-3.0 omnilex-key=us-de-regs-official--title-14--1562-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Teacher of English Learners Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a Valid and Current License or Certificate as a teacher of English Learners issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Teacher of English Learners Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1562-4.0 omnilex-key=us-de-regs-official--title-14--1562-4.0}
4.1 An applicant shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an English as a New Language certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s, master’s, or doctoral degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in Teaching English Learners from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach English Learners as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in teaching English Learners; or
4.1.1.5 Earned a bachelor’s degree from a Regionally Accredited college or university in any content area and also satisfactorily completed 15 college credits or the equivalent number of hours with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university or a professional development provider approved by the Department in the following areas:
4.1.1.5.1 Methods of Teaching English as a Second Language (3 credits);
4.1.1.5.2 Second Language Acquisition (3 credits);
4.1.1.5.3 Teaching Literacy for English Learners (3 credits);
4.1.1.5.4 Second Language Testing (3 credits); and
4.1.1.5.5 Structure of the English Language (3 credits).
4.1.2 The applicant shall have demonstrated oral and written proficiency in English by satisfying 1 of the following requirements:
4.1.2.1 Earned a bachelor's, master's, or doctoral degree from a Regionally Accredited college or university that is located in the United States or in a permanently inhabited territory of the United States in which the majority of courses were taught and assessed in the English language; or
4.1.2.2 Achieved a minimum level of Advanced Mid based on the American Council on the Teaching of Foreign Languages (ACTFL) Proficiency Guidelines on the ACTFL Oral Proficiency Interview (OPI) in English and the ACTFL Writing Proficiency Test (WPT) in English.
4.1.3 The applicant shall have achieved a minimum score of 149 on the Praxis Assessment - English to Speakers of Other Languages (ETS Test Code # 5362). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-5.0** Application Requirements {#sec-1562-5.0 omnilex-key=us-de-regs-official--title-14--1562-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Teacher of English Learners Standard Certificate.
5.3 For an applicant who is applying for a Teacher of English Learners Standard Certificate under subsection 3.1.1 of this regulation, the following documentation is required in the application:
5.3.1 Evidence of obtaining and maintaining an English as a New Language certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s Regionally Accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official scores on the ACTFL OPI and WPT in English, as provided in subsection 4.1.2.2, if applicable; and
5.3.4 Official score on the Praxis Subject Assessment as provided in subsection 4.1.3; and
5.3.5 Additional documentation as required by the Department.
5.4 For an applicant who is applying for the Teacher of English Learners Standard Certificate under subsection 3.1.2, the following documentation is required in the application:
5.4.1 An official copy of the Valid and Current License or Certificate; and
5.4.2 Additional documentation as required by the Department.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-6.0** Secretary of Education Review {#sec-1562-6.0 omnilex-key=us-de-regs-official--title-14--1562-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Teacher of English Learners Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Teacher of English Learners Standard Certificate but whose effectiveness is documented by the local school district or charter school district.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-7.0** Validity of a Standard Certificate {#sec-1562-7.0 omnilex-key=us-de-regs-official--title-14--1562-7.0}
7.1 A Teacher of English Learners Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator’s License remains current and valid.
7.2 A Teacher of English Learners Standard Certificate is not subject to renewal.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-8.0** Disciplinary Action {#sec-1562-8.0 omnilex-key=us-de-regs-official--title-14--1562-8.0}
8.1 An Educator’s Teacher of English Learners Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An Educator’s Teacher of English Learners Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator’s application in accordance with 14 Del.C. §1222.
8.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-9.0** Past Certificate Recognized {#sec-1562-9.0 omnilex-key=us-de-regs-official--title-14--1562-9.0}
The Department shall recognize an English to Speakers of Other Languages (ESOL) Teacher Standard Certificate issued by the Department before January 1, 2017. The Department shall also recognize a Teacher of English Learners Standard Certificate issued by the Department prior to the effective date of this regulation. An Educator holding an ESOL Teacher Standard Certificate issued before January 1, 2017 or a Teacher of English Learners Standard Certificate issued prior to the effective date of this regulation shall be considered certified to instruct English learners.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
##### **14 Del. Admin. Code § 1562-10.0** Contact Information and Change of Name or Address {#sec-1562-10.0 omnilex-key=us-de-regs-official--title-14--1562-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the Teacher of English Learners Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
- *5 DE Reg. 1904 (04/01/02)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 995 (12/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 341 (09/01/08)*
- *20 DE Reg. 366 (11/01/16)*
- *21 DE Reg. 332 (10/01/17)*
- *25 DE Reg. 96 (07/01/21)*
- *26 DE Reg. 584 (01/01/23)*
### **1563** Music Teacher
##### **14 Del. Admin. Code § 1563-1.0** Content {#sec-1563-1.0 omnilex-key=us-de-regs-official--title-14--1563-1.0}
This regulation shall apply to the issuance of a Music Teacher Standard Certificate, pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for grades K to 12 in Delaware public schools.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-2.0** Definitions {#sec-1563-2.0 omnilex-key=us-de-regs-official--title-14--1563-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-3.0** Issuance of a Standard Certificate {#sec-1563-3.0 omnilex-key=us-de-regs-official--title-14--1563-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Music Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License, or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator’s license in Delaware and presents proof of a valid and current license or certificate as a music teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Music Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1563-4.0 omnilex-key=us-de-regs-official--title-14--1563-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain a music certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in music from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach music as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in music education; or
4.1.1.5 If the applicant has been issued an Initial License and a Music Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Music Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Music Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Music Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved a minimum score of 155 on the Praxis Subject Assessment - Music: Content Knowledge (ETS Test Code # 5113). Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on the examination as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-5.0** Application Requirements {#sec-1563-5.0 omnilex-key=us-de-regs-official--title-14--1563-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Music Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Music Teacher Standard Certificate:
5.3.1 Evidence of obtaining and currently maintaining a music certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Music Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a music teacher from another state or jurisdiction, the following documentation is required in the application for a Music Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-6.0** Secretary of Education Review {#sec-1563-6.0 omnilex-key=us-de-regs-official--title-14--1563-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Music Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Music Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-7.0** Validity of a Standard Certificate {#sec-1563-7.0 omnilex-key=us-de-regs-official--title-14--1563-7.0}
7.1 A Music Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Music Teacher Standard Certificate is not subject to renewal.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-8.0** Disciplinary Action {#sec-1563-8.0 omnilex-key=us-de-regs-official--title-14--1563-8.0}
8.1 An educator's Music Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Music Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-9.0** Past Certificate Recognized {#sec-1563-9.0 omnilex-key=us-de-regs-official--title-14--1563-9.0}
The Department shall recognize a Music Teacher Standard Certificate issued by the Department prior to effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach music.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
##### **14 Del. Admin. Code § 1563-10.0** Contact Information and Change of Name or Address {#sec-1563-10.0 omnilex-key=us-de-regs-official--title-14--1563-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Music Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *25 DE Reg. 857 (03/01/22)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (8/01/24)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *25 DE Reg. 857 (03/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1305 (04/01/10)*
- *19 DE Reg. 501 (12/01/15)*
- *25 DE Reg. 857 (03/01/22)*
- *26 DE Reg. 586 (01/01/23)*
- *28 DE Reg. 137 (08/01/24)*
### **1564** Physical Education Teacher
##### **14 Del. Admin. Code § 1564-1.0** Content {#sec-1564-1.0 omnilex-key=us-de-regs-official--title-14--1564-1.0}
This regulation shall apply to the issuance of a Physical Education Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for all physical education teachers in Delaware public schools.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-2.0** Definitions {#sec-1564-2.0 omnilex-key=us-de-regs-official--title-14--1564-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-3.0** Issuance of a Standard Certificate {#sec-1564-3.0 omnilex-key=us-de-regs-official--title-14--1564-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Physical Education Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a physical education teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Physical Education Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1564-4.0 omnilex-key=us-de-regs-official--title-14--1564-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain a Physical Education certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in physical education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach physical education as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in physical education; or
4.1.1.5 If the applicant has been issued an Initial License and a Physical Education Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the Physical Education Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the Physical Education Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the Physical Education Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 152 on the Praxis Subject Assessment - Physical Education: Content Knowledge (ETS Test Code # 5091); or
4.1.2.2 A minimum score of 160 on the Praxis Subject Assessment - Health and Physical Education - Content Knowledge (ETS Test Code # 5857).
4.1.3 Notwithstanding the requirement in subsection 4.1.2, if the applicant did not achieve the minimum score on 1 of the examinations in subsection 4.1.2, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have achieved the minimum score on 1 of the examinations as provided in subsection 4.1.2. Notwithstanding the foregoing, if the applicant did not achieve the minimum score, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-5.0** Application Requirements {#sec-1564-5.0 omnilex-key=us-de-regs-official--title-14--1564-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Physical Education Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a Physical Education Teacher Standard Certificate:
5.3.1 Evidence of obtaining and maintaining a Physical Education certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 An experience form, completed in full and signed by the applicant, if applicable; and
5.3.4 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.5 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a Physical Education Teacher Standard Certificate:
5.4.1 Official score on the Praxis Subject Assessment as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate in physical education from another state or jurisdiction, the following documentation is required in the application for a Physical Education Teacher Standard Certificate:
5.5.1 An official copy of the valid and current license or certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-6.0** Secretary of Education Review {#sec-1564-6.0 omnilex-key=us-de-regs-official--title-14--1564-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Physical Education Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Physical Education Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-7.0** Validity of a Standard Certificate {#sec-1564-7.0 omnilex-key=us-de-regs-official--title-14--1564-7.0}
7.1 A Physical Education Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Physical Education Teacher Standard Certificate is not subject to renewal.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-8.0** Disciplinary Action {#sec-1564-8.0 omnilex-key=us-de-regs-official--title-14--1564-8.0}
8.1 An educator's Physical Education Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Physical Education Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-9.0** Past Certificate Recognized {#sec-1564-9.0 omnilex-key=us-de-regs-official--title-14--1564-9.0}
The Department shall recognize a Physical Education Teacher Standard Certificate issued prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach physical education.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
##### **14 Del. Admin. Code § 1564-10.0** Contact Information and Change of Name or Address {#sec-1564-10.0 omnilex-key=us-de-regs-official--title-14--1564-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Physical Education Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *25 DE Reg. 1140 (06/01/22)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *25 DE Reg. 1140 (06/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *10 DE Reg. 100 (07/01/06)*
- *13 DE Reg. 1307 (04/01/10)*
- *19 DE Reg. 503 (12/01/15)*
- *25 DE Reg. 1140 (06/01/22)*
- *26 DE Reg. 587 (01/01/23)*
- *28 DE Reg. 309 (10/01/24)*
### **1565** World Language Teacher
##### **14 Del. Admin. Code § 1565-1.0** Content {#sec-1565-1.0 omnilex-key=us-de-regs-official--title-14--1565-1.0}
This regulation shall apply to the issuance of a World Language Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required to teach a world language in grades K to 12 in a Delaware public school. The World Language Standard Certificate is limited to the world language for which the Standard Certificate is requested and issued.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-2.0** Definitions {#sec-1565-2.0 omnilex-key=us-de-regs-official--title-14--1565-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Target language” means, for the purpose of this regulation, the specific world language in which the Standard Certificate is requested and issued. World language means any language other than English that is used by peoples around the world for communicating information and ideas and transmitting its culture or cultures, including American Sign Language (ASL), Latin, and Greek.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-3.0** Issuance of a Standard Certificate {#sec-1565-3.0 omnilex-key=us-de-regs-official--title-14--1565-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a World Language Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a world language teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a World Language Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1565-4.0 omnilex-key=us-de-regs-official--title-14--1565-4.0}
4.1 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 The applicant shall have obtained a World Languages certificate in the target language from the National Board for Professional Teaching Standards; or
4.1.1.2 The applicant shall have earned a bachelor's, master's, or doctoral degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in the target language from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 The applicant shall have satisfactorily completed an alternative routes for licensure or certification program to teach world language as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 The applicant shall have satisfactorily completed a Department-approved educator preparation program in world language education; or
4.1.1.5 If the applicant has been issued an Initial License and a World Language Teacher Emergency Certificate after the applicant has completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school, as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, in order to be issued the World Language Teacher Standard Certificate, the applicant shall have satisfactorily completed 15 college credits from a regionally accredited college or university in generic or content-specific education courses that are applicable to the World Language Teacher Standard Certificate of which at least 6 credits focus on pedagogy and as approved by the Department. A course is applicable to the World Language Teacher Standard Certificate if the course is equivalent to a course that is included in the curriculum of an equivalent education degree from a program approved by the Department.
4.1.2 The applicant shall have demonstrated oral and written proficiency in the target language by achieving the minimum score on 1 of the following examinations:
4.1.2.1 For the Praxis Subject Assessment:
4.1.2.1.1 A minimum score of 164 on the Chinese (Mandarin): World Language (ETS Test # 5665); or
4.1.2.1.2 A minimum score of 162 on the French: World Language (ETS Test # 5174); or
4.1.2.1.3 A minimum score of 163 on the German: World Language (ETS Test # 5183); or
4.1.2.1.4 A minimum score of 152 on the Latin (ETS Test # 5601); or
4.1.2.1.5 A minimum score of 168 on the Spanish: World Language (ETS Test # 5195); or
4.1.2.1.6 A minimum score of 156 on the Japanese: World Language (ETS Test #5661); or
4.1.2.2 Based on the American Council on the Teaching of Foreign Languages (ACTFL) Proficiency Guidelines:
4.1.2.2.1 Achieving a minimum level of Intermediate High on the ACTFL Oral Proficiency Interview (OPI) or the Oral Proficiency Interview - Computer (OPIc) in the target language, and
4.1.2.2.2 Achieving a minimum level of Intermediate High on the ACTFL Writing Proficiency Test (WPT) in the target language.
4.1.2.3 An applicant who is applying for a World Language - American Sign Language Standard Certificate shall have achieved a minimum score of 3 on the American Sign Language Proficiency Interview. 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge does not apply to applicants who do not achieve the minimum score on the American Sign Language Proficiency Interview.
4.1.3 Notwithstanding the requirement in subsection 4.1.2, if the applicant did not achieve the minimum score on 1 of the Praxis Subject Assessments in subsection 4.1.2.1, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge. 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge does not apply to applicants who do not achieve the minimum levels on the ACTFL as provided in subsection 4.1.2.2.
4.2 For an applicant who holds at least 1 content area Standard Certificate, the applicant shall have demonstrated oral and written proficiency in the target language as provided in subsection 4.1.2 of this regulation. Notwithstanding the requirement in subsection 4.1.2, if the applicant did not achieve the minimum score on 1 of the Praxis Subject Assessments in subsection 4.1.2.1, the applicant shall meet the requirements set forth in 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge. 14 DE Admin. Code 1519 Multiple Measures for Demonstrating Content Knowledge does not apply to applicants who do not achieve the minimum levels on the ACTFL as provided in subsection 4.1.2.2.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-5.0** Application Requirements {#sec-1565-5.0 omnilex-key=us-de-regs-official--title-14--1565-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for an Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a World Language Teacher Standard Certificate.
5.3 For an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a World Language Teacher Standard Certificate:
5.3.1 Evidence of obtaining a World Languages certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Official scores on the Praxis Subject Assessment or ACTFL OPI or OPIc and WPT as provided in subsection 4.1.2; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who holds at least 1 content area Standard Certificate, the following documentation is required in the application for a World Language Teacher Standard Certificate:
5.4.1 Official scores on the Praxis Subject Assessment or ACTFL OPI or OPIc and WPT as provided in subsection 4.2; and
5.4.2 Additional documentation as required by the Department.
5.5 For an applicant who is applying for a World Language Teacher - American Sign Language Standard Certificate, the following documentation is required with the application:
5.5.1 Official transcript from the applicant's regionally accredited college or university;
5.5.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or
5.5.1.2 Sealed paper transcripts may be submitted.
5.5.1.3 The Department will not accept copies of transcripts; and
5.5.2 Documents verifying successful completion of Department-approved professional development, if applicable; and
5.5.3 Official scores on the American Sign Language Proficiency Interview; and
5.5.4 Additional documentation as required by the Department.
5.6 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate as a world language teacher from another state or jurisdiction, the following documentation is required in the application for a World Language Teacher Standard Certificate:
5.6.1 An official copy of the valid and current license or certificate; and
5.6.2 Additional documentation as required by the Department.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-6.0** Secretary of Education Review {#sec-1565-6.0 omnilex-key=us-de-regs-official--title-14--1565-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a World Language Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a World Language Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-7.0** Validity of a Standard Certificate {#sec-1565-7.0 omnilex-key=us-de-regs-official--title-14--1565-7.0}
7.1 A World Language Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A World Language Teacher Standard Certificate is not subject to renewal.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-8.0** Disciplinary Action {#sec-1565-8.0 omnilex-key=us-de-regs-official--title-14--1565-8.0}
8.1 An educator's World Language Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's World Language Teacher Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-9.0** Past Certificate Recognized {#sec-1565-9.0 omnilex-key=us-de-regs-official--title-14--1565-9.0}
The Department shall recognize a World Language Teacher Standard Certificate issued prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to teach the target language for which the certificate was issued.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
##### **14 Del. Admin. Code § 1565-10.0** Contact Information and Change of Name or Address {#sec-1565-10.0 omnilex-key=us-de-regs-official--title-14--1565-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the World Language Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *14 DE Reg. 1071 (04/01/11)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *28 DE Reg. 539 (01/01/25)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *9 DE Reg. 558 (10/01/05)*
- *10 DE Reg. 100 (07/01/06)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 1071 (04/01/11)*
- *20 DE Reg. 448 (12/01/16)*
- *22 DE Reg. 64 (07/01/18)*
- *26 DE Reg. 56 (07/01/22)*
- *26 DE Reg. 589 (01/01/23)*
- *28 DE Reg. 539 (01/01/25)*
### **1568** Elementary Dual Language Immersion Teacher
##### **14 Del. Admin. Code § 1568-1.0** Content {#sec-1568-1.0 omnilex-key=us-de-regs-official--title-14--1568-1.0}
1.1 This regulation shall apply to the issuance of an Elementary Dual Language Immersion Teacher Standard Certificate pursuant to 14 Del.C. §1220(a). The Elementary Dual Language Immersion Teacher Standard Certificate is required for Partner Language Teachers who are assigned to teach math, science, and partner language literacy in grades K to 6 in Delaware public schools.
1.2 Notwithstanding the requirement set forth in subsection 1.1, a Partner Language Teacher who is assigned to teach math, science, and partner language literacy in grades K to 2 may hold an Early Childhood Teacher Standard Certificate (14 DE Admin. Code 1520) and either the Bilingual Teacher Standard Certificate (14 DE Admin. Code 1561) or the World Language Teacher Standard Certificate (14 DE Admin. Code 1565) in lieu of the Elementary Dual Language Immersion Teacher Standard Certificate.
1.3 Notwithstanding the requirement set forth in subsection 1.1, a Partner Language Teacher who is assigned to teach math, science, and partner language literacy in grades K to 6 may hold an Elementary Teacher Standard Certificate (14 DE Admin. Code 1521) and either the Bilingual Teacher Standard Certificate (14 DE Admin. Code 1561) or the World Language Teacher Standard Certificate (14 DE Admin. Code 1565) in lieu of the Elementary Dual Language Immersion Teacher Standard Certificate.
**History**
- *26 DE Reg. 1066 (06/01/23)*
##### **14 Del. Admin. Code § 1568-2.0** Definitions {#sec-1568-2.0 omnilex-key=us-de-regs-official--title-14--1568-2.0}
The following words and terms, when used in this regulation shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Partner Language" means the language other than English in which instruction is being provided in a Delaware dual language immersion program.
"Partner Language Teacher" means a teacher who is assigned to teach math, science, and partner language literacy in grades K to 6 in a Delaware dual language immersion program in a Delaware public school.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *26 DE Reg. 1066 (06/01/23)*
##### **14 Del. Admin. Code § 1568-3.0** Issuance of a Standard Certificate {#sec-1568-3.0 omnilex-key=us-de-regs-official--title-14--1568-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue an Elementary Dual Language Immersion Teacher Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and holds a Valid and Current License or Certificate as an elementary dual language immersion teacher issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Elementary Dual Language Immersion Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation's resolution.
**History**
- *26 DE Reg. 1066 (06/01/23)*
##### **14 Del. Admin. Code § 1568-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1568-4.0 omnilex-key=us-de-regs-official--title-14--1568-4.0}
4.1 For an applicant who holds an Elementary Teacher Standard Certificate (14 DE Admin. Code 1521), the applicant shall have demonstrated oral and written proficiency in the Partner Language of the dual immersion program by satisfying the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant achieved a minimum level of Advanced Mid on the America Council of the Teaching of Foreign Languages (ACTFL) Oral Proficiency Interview (OPI) in the Partner Language based on the ACTFL's Proficiency Guidelines.
4.1.2 The applicant achieved the applicable minimum level on the ACTFL Writing Proficiency Test (WPT) as provided in subsections 4.1.2.1 and 4.1.2.2.
4.1.2.1 For tests using the Roman alphabet, the applicant achieved a minimum level of Advanced Mid in the Partner Language based on the ACTFL's Proficiency Guidelines.
4.1.2.2 For tests using a non-Roman alphabet, the applicant achieved a minimum level of Advanced Low in the Partner Language based on the ACTFL's Proficiency Guidelines.
4.2 For an applicant who does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.2.1 and 4.2.2.
4.2.1 The applicant shall have satisfied 1 of the following requirements.
4.2.1.1 The applicant earned a bachelor's degree from a Regionally Accredited college or university in which English was the primary language of instruction with a minimum of 30 semester hours of coursework in elementary education from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) and demonstrated oral and written proficiency in the Partner Language by satisfying the requirements in subsections 4.1.1 and 4.1.2.
4.2.1.2 The applicant earned a bachelor's degree in elementary education from a college or university in which the Partner Language was the primary language of instruction and achieved a minimum level of Intermediate High on both the ACTFL OPI and the ACTFL WPT in English.
4.2.1.3 The applicant satisfactorily completed an alternative routes for licensure or certification program to teach grades K to 6 as provided in 14 Del.C. §§1260 - 1266 and demonstrated oral and written proficiency in either the Partner Language or English as provided in subsections 4.2.1.3.1 and 4.2.1.3.2.
4.2.1.3.1 If the applicant earned the applicant's bachelor's degree from a college or university in which English was the primary language of instruction, the applicant shall demonstrate oral and written proficiency in the Partner Language by satisfying the requirements in subsections 4.1.1 and 4.1.2.
4.2.1.3.2 If the applicant earned the applicant's bachelor's degree from a college or university in which the Partner Language was the primary language of instruction, the applicant shall demonstrate oral and written proficiency in English by achieving a minimum level of Intermediate High on both the ACTFL OPI and the ACTFL WPT in English.
4.2.1.4 The applicant satisfactorily completed a Department-approved educator preparation program in elementary education or immersion education and demonstrated oral and written proficiency in either the Partner Language or English as provided in subsections 4.2.1.4.1 and 4.2.1.4.2.
4.2.1.4.1 If the applicant earned the applicant's bachelor's degree from a college or university in which English was the primary language of instruction, the applicant shall demonstrate oral and written proficiency in the Partner Language by satisfying the requirements in subsections 4.1.1 and 4.1.2.
4.2.1.4.2 If the applicant earned the applicant's bachelor's degree from a college or university in which the Partner Language was the primary language of instruction, the applicant shall demonstrate oral and written proficiency in English by achieving a minimum level of Intermediate High on both the ACTFL OPI and the ACTFL WPT in English.
4.2.2 The applicant shall have achieved a minimum score on the examinations specified in subsections 4.2.2.1 and 4.2.2.2.
4.2.2.1 The applicant shall have achieved a minimum score of 157 on the Praxis Subject Assessment - Elementary Education Mathematics Subtest (ETS Test Code #5003) or a minimum score of 143 on the Praxis Elementary Education: Content Knowledge for Teaching Mathematics CKT Subtest (ETS #7813).
4.2.2.2 The applicant shall have achieved a minimum score of 159 on the Praxis Subject Assessment - Elementary Education Science Subtest (ETS Test Code #5005) or a minimum score of 144 on the Praxis Elementary Education: Content Knowledge for Teaching Science CKT Subtest (ETS #7814).
4.3 For an applicant who does not hold an Elementary Teacher Standard Certificate but holds a Standard Certificate in another area, the applicant shall have satisfied the requirements in subsections 4.3.1 and 4.3.2.
4.3.1 The applicant shall have demonstrated oral and written proficiency in either the Partner Language or English as provided in subsections 4.3.1.1 and 4.3.1.2.
4.3.1.1 If the applicant earned the applicant's bachelor's degree from a college or university in which English was the primary language of instruction, the applicant shall demonstrate oral and written proficiency in the Partner Language by satisfying the requirements in subsections 4.1.1 and 4.1.2.
4.3.1.2 If the applicant earned the applicant's bachelor's degree from a college or university in which the Partner Language was the primary language of instruction, the applicant shall demonstrate oral and written proficiency in English by achieving a minimum level of Intermediate High on both the ACTFL OPI and the ACTFL WPT in English.
4.3.2 The applicant shall have achieved a minimum score on the examinations specified in subsections 4.3.2.1 and 4.3.2.2.
4.3.2.1 The applicant shall have achieved a minimum score of 157 on the Praxis Subject Assessment - Elementary Education Mathematics Subtest (ETS Test Code #5003) or a minimum score of 143 on the Praxis Elementary Education: Content Knowledge for Teaching Mathematics CKT Subtest (ETS #7813).
4.3.2.2 The applicant shall have achieved a minimum score of 159 on the Praxis Subject Assessment - Elementary Education Science Subtest (ETS Test Code #5005) or a minimum score of 144 on the Praxis Elementary Education: Content Knowledge for Teaching Science CKT Subtest (ETS #7814).
**History**
- *26 DE Reg. 1066 (06/01/23)*
##### **14 Del. Admin. Code § 1568-5.0** Application Requirements {#sec-1568-5.0 omnilex-key=us-de-regs-official--title-14--1568-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for an Elementary Dual Language Immersion Teacher Standard Certificate.
5.3 For an applicant who holds an Elementary Teacher Standard Certificate, the following documentation is required with the application for an Elementary Dual Language Immersion Teacher Standard Certificate:
5.3.1 Proof the applicant holds an Elementary Teacher Standard Certificate issued by the Department; and
5.3.2 Official scores on the ACTFL OPI and WPT as provided in subsections 4.1.1 and 4.1.2; and
5.3.3 Additional documentation as required by the Department.
5.4 For an applicant who does not hold a content area Standard Certificate, the following documentation is required in the application for an Elementary Dual Language Immersion Teacher Standard Certificate:
5.4.1 Official transcript from the applicant's college or university.
5.4.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's college or university; or
5.4.1.2 Sealed paper transcripts may be submitted.
5.4.1.3 The Department will not accept copies of transcripts; and
5.4.2 For degrees earned from a college or university located outside of the United States, an evaluation report of the transcript from a member of either the National Association of Credential Evaluation Services (NACES) or Association of International Credential Evaluators, Inc. (AICE), if applicable; and
5.4.3 Official scores on the ACTFL OPI and WPT as provided in subsections 4.1.1 and 4.1.2, if applicable; and
5.4.4 Official scores on the ACTFL OPI and the ACTFL WPT in English, if applicable; and
5.4.5 Official scores on the Praxis Subject Assessment or Praxis Elementary Education: Content Knowledge for Teaching as provided in subsection 4.2.2; and
5.4.6 Additional documentation as required by the Department.
5.5 For an applicant who does not hold an Elementary Teacher Standard Certificate but holds a Standard Certificate in another area, the following documentation is required in the application for an Elementary Dual Language Immersion Teacher Standard Certificate:
5.5.1 Official scores on the ACTFL OPI and WPT as provided in subsections 4.1.1 and 4.1.2, if applicable; and
5.5.2 Official scores on the ACTFL OPI and the ACTFL WPT in English, if applicable; and
5.5.3 Official scores on the Praxis Subject Assessment or Praxis Elementary Education: Content Knowledge for Teaching as provided in subsection 4.3.2; and
5.5.4 Additional documentation as required by the Department.
5.6 For applicants who have met the requirements for licensure as an educator in Delaware and hold a Valid and Current License or Certificate as an elementary dual language immersion teacher from another state or jurisdiction, the following documentation is required in the application for an Elementary Dual Language Immersion Teacher Standard Certificate:
5.6.1 An official copy of the Valid and Current License or Certificate; and
5.6.2 Additional documentation as required by the Department.
**History**
- *26 DE Reg. 1066 (06/01/23)*
##### **14 Del. Admin. Code § 1568-6.0** Secretary of Education Review {#sec-1568-6.0 omnilex-key=us-de-regs-official--title-14--1568-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for an Elementary Dual Language Immersion Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for an Elementary Dual Language Immersion Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *26 DE Reg. 1066 (06/01/23)*
##### **14 Del. Admin. Code § 1568-7.0** Validity of a Standard Certificate {#sec-1568-7.0 omnilex-key=us-de-regs-official--title-14--1568-7.0}
7.1 An Elementary Dual Language Immersion Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
7.2 An Elementary Dual Language Immersion Teacher Standard Certificate is not subject to renewal.
**History**
- *26 DE Reg. 1066 (06/01/23)*
##### **14 Del. Admin. Code § 1568-8.0** Disciplinary Action {#sec-1568-8.0 omnilex-key=us-de-regs-official--title-14--1568-8.0}
8.1 An Educator's Elementary Dual Language Immersion Teacher Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An Educator's Elementary Dual Language Immersion Teacher Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
8.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with the 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *26 DE Reg. 1066 (06/01/23)*
##### **14 Del. Admin. Code § 1568-9.0** Contact Information and Change of Name or Address {#sec-1568-9.0 omnilex-key=us-de-regs-official--title-14--1568-9.0}
9.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
9.2 An Educator who legally changes the Educator's name and wishes to change the name on the Elementary Dual Language Immersion Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
9.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *26 DE Reg. 1066 (06/01/23)*
### **1570** Early Childhood Exceptional Children Special Education Teacher
##### **14 Del. Admin. Code § 1570-1.0** Content {#sec-1570-1.0 omnilex-key=us-de-regs-official--title-14--1570-1.0}
1.1 This regulation shall apply to the issuance of an Early Childhood Exceptional Children Special Education Teacher Standard Certificate (Category) pursuant to 14 Del.C. §1220(a).
1.1.1 This Standard Certificate is required for an Educator whose primary assignment is teaching Students with Disabilities from Birth to Grade 2 in Delaware public schools.
1.1.1.1 The Early Childhood Exceptional Children Special Education Teacher Standard Certificate may be used for grades K to 2 in lieu of the Special Education Teacher of Students with Disabilities Standard Certificate.
1.1.1.2 The Teacher of Students with Autism or with Severe Intellectual Disabilities Standard Certificate, Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate, and Teacher of Students with Visual Impairments Standard Certificate shall be used when the teacher’s primary assignment is providing instruction to the category of students designated within those category certifications.
1.1.2 This Certification is a category Standard Certificate and does not certify an Educator to practice in a particular area or teach a particular subject. A category Standard Certificate only establishes that an Educator has met the prescribed education, knowledge, or skill requirements to instruct a particular category of students. This Certification is limited to the category of teaching Students with Disabilities from Birth to Grade 2 in Delaware public schools.
1.1.3 An Educator shall hold at least one content area Standard Certificate.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
##### **14 Del. Admin. Code § 1570-2.0** Definitions {#sec-1570-2.0 omnilex-key=us-de-regs-official--title-14--1570-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“15 Credits or the Equivalent in Professional Development” means college credits or an equivalent number of hours with one credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university or a professional development provider approved by the Department. College credit means undergraduate or graduate level coursework and continuing education units (CEUs) completed at or through a Regionally Accredited college or university or other Department-approved provider.
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Major or Its Equivalent” means a minimum of 30 semester hours of coursework in a particular content area.
"Professional Development" means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change participants' attitudes, insights, and perspectives and ultimately results in improved professional practice. Effective professional development programs include ample opportunities for knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting.
“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Students with Disabilities” means the same as “Child with a Disability” as provided in 14 Del.C. §3101(2).
“Valid and Current License or Certificate” means a current full or permanent certificate or license issued by another state or jurisdiction. This means the educator is fully credentialed by having met all of the requirements for full licensure or certification in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
##### **14 Del. Admin. Code § 1570-3.0** Issuance of a Standard Certificate {#sec-1570-3.0 omnilex-key=us-de-regs-official--title-14--1570-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue an Early Childhood Exceptional Children Special Education Teacher Standard Certificate to an Educator who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for licensure and holds a Valid and Current License or Certificate in early childhood exceptional children special education.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Early Childhood Exceptional Children Special Education Teacher Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation’s resolution.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
##### **14 Del. Admin. Code § 1570-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1570-4.0 omnilex-key=us-de-regs-official--title-14--1570-4.0}
4.1 An applicant shall have satisfied one of the following education requirements:
4.1.1 Obtained and currently maintain an Exceptional Needs Specialist certificate from the National Board for Professional Teaching Standards; or
4.1.2 Earned a bachelor’s, master’s, or doctoral degree from a Regionally Accredited college or university with a Major or Its Equivalent in early childhood exceptional children special education from an educator preparation program approved or recognized by the National Council for the Accreditation of Teacher Education (NCATE), the Council for the Accreditation of Educator Preparation (CAEP), or a state where the state approval body employed the appropriate standards; or
4.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach early childhood exceptional children as provided in 14 Del.C. §§1260 – 1266; or
4.1.4 Satisfactorily completed a Department-approved educator preparation program in early childhood exceptional children education; or
4.1.5 Earned a bachelor’s degree from a Regionally Accredited college or university in any content area and satisfactorily completed 15 Credits or the Equivalent in Professional Development in the following areas that are guided by and include the following Council for Exceptional Children’s (CEC) Early Childhood Special Education (ECSE) Initial Preparation Standards:
4.1.5.1 Child development and early learning for young children with special needs;
4.1.5.2 Partnering with families of young children with special needs;
4.1.5.3 Collaboration and teaming to meet the needs of young children with exceptionalities;
4.1.5.4 Assessment processes for young children with special needs;
4.1.5.5 Application of curriculum frameworks in the planning and facilitation of meaningful learning experiences for young children with special needs;
4.1.5.6 Using responsive and reciprocal interactions, interventions, and instruction for young children with special needs; and
4.1.5.7 Professionalism and ethical practice.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
##### **14 Del. Admin. Code § 1570-5.0** Application Requirements {#sec-1570-5.0 omnilex-key=us-de-regs-official--title-14--1570-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with application for an Initial License, and the applicant shall also provide all required documentation for the License.
5.2 The following documentation is required with the application for an Early Childhood Exceptional Children Special Education Teacher Standard Certificate:
5.2.1 Evidence of obtaining an Exceptional Needs Specialist certificate from the National Board for Professional Teaching Standards, if applicable.
5.2.2 Official transcript from the applicant’s Regionally Accredited college or university.
5.2.2.1 Electronic transcripts may be submitted by the applicant’s Employing Authority or Regionally Accredited college or university.
5.2.2.2 Sealed paper transcripts may be submitted by the applicant, the applicant’s Employing Authority, or the applicant’s Regionally Accredited college or university.
5.2.2.3 The Department will not accept copies of transcripts.
5.2.3 Evidence of completing the equivalent of 15 Credits or the Equivalent in Professional Development, as provided in subsection 4.1.5, if applicable.
5.2.4 Additional documentation as required by the Department.
5.3 For applicants who have met the requirements for licensure and hold a Valid and Current License or Certificate in early childhood exceptional children special education, the following documentation is required in the application for an Early Childhood Exceptional Children Special Education Teacher Standard Certificate:
5.3.1 An official copy of the educator license or certificate from another state or jurisdiction.
5.3.2 Additional documentation as required by the Department.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
##### **14 Del. Admin. Code § 1570-6.0** Validity of a Standard Certificate {#sec-1570-6.0 omnilex-key=us-de-regs-official--title-14--1570-6.0}
6.1 An Early Childhood Exceptional Children Special Education Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator’s License remains current and valid.
6.2 An Early Childhood Exceptional Children Special Education Teacher Standard Certificate is not subject to renewal.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
##### **14 Del. Admin. Code § 1570-7.0** Disciplinary Action {#sec-1570-7.0 omnilex-key=us-de-regs-official--title-14--1570-7.0}
7.1 An Educator’s Early Childhood Exceptional Children Special Education Teacher Standard Certificate may be limited, suspended, or revoked for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
7.2 An Educator’s Early Childhood Exceptional Children Special Education Teacher Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator’s application in accordance with 14 Del.C. §1222.
7.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
##### **14 Del. Admin. Code § 1570-8.0** Secretary of Education Review {#sec-1570-8.0 omnilex-key=us-de-regs-official--title-14--1570-8.0}
The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for an Early Childhood Exceptional Children Special Education Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for an Early Childhood Exceptional Children Special Education Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
##### **14 Del. Admin. Code § 1570-9.0** Past Certificate Recognized {#sec-1570-9.0 omnilex-key=us-de-regs-official--title-14--1570-9.0}
The Department shall recognize an Early Childhood Exceptional Children Special Education Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate issued shall be considered certified to instruct Students with Disabilities from Birth to Grade 2.
**History**
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *24 DE Reg. 367 (10/01/20)*
- *10 DE Reg. 696 (10/01/06)*
- *16 DE Reg. 286 (09/01/12)*
- *24 DE Reg. 367 (10/01/20)*
### **1571** Special Education Teacher of Students with Disabilities
##### **14 Del. Admin. Code § 1571-1.0** Content {#sec-1571-1.0 omnilex-key=us-de-regs-official--title-14--1571-1.0}
1.1 This regulation shall apply to the issuance of a Special Education Teacher of Students with Disabilities (Category) Standard Certificate pursuant to 14 Del.C. §1220(a).
1.1.1 The Special Education Teacher of Students with Disabilities Standard Certificate is required for an educator whose primary assignment is teaching children with disabilities in grades K to 12 in Delaware public schools.
1.1.1.1 The Early Childhood Exceptional Children Special Education Teacher Standard Certificate may be used for grades K to 2 in lieu of Special Education Teacher of Students with Disabilities Standard Certificate.
1.1.1.2 The Teacher of Students with Autism or with Severe Intellectual Disabilities Standard Certificate, Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate, and Teacher of Students with Visual Impairments Standard Certificate shall be used when the teacher’s primary assignment providing instruction to the category of students designated within those category certifications.
1.1.2 The Special Education Teacher of Students with Disabilities Standard Certificate is a category Standard Certificate and does not certify an educator to practice in a particular area or teach a particular subject. A category Standard Certificate only establishes that an educator has met the prescribed education, knowledge, or skill to instruct a particular category of students. The Special Education Teacher of Students with Disabilities Standard Certificate is limited to the category of teaching students with disabilities.
1.1.3 An educator shall hold at least 1 content area Standard Certificate.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-2.0** Definitions {#sec-1571-2.0 omnilex-key=us-de-regs-official--title-14--1571-2.0}
The following words and terms, when used in this regulation, have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Students with disabilities" means the same as "child with a disability" as provided in 14 Del.C. §3101(2).
"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-3.0** Issuance of a Standard Certificate {#sec-1571-3.0 omnilex-key=us-de-regs-official--title-14--1571-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Special Education Teacher of Students with Disabilities Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and holds a valid and current license or certificate in special education or teaching students with disabilities by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Special Education Teacher of Students with Disabilities Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1571-4.0 omnilex-key=us-de-regs-official--title-14--1571-4.0}
4.1 An applicant shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 An applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an Exceptional Needs Specialist certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s, master’s, or doctoral degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in special education or teaching students with disabilities from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach students with disabilities as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in special education; or
4.1.1.5 Earned a bachelor’s degree from a regionally accredited college or university in any content area and also satisfactorily completed 15 college credits with a focus in special education or in students with disabilities in the areas provided in subsection 4.1.1.5.3 or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department in the areas provided in subsection 4.1.1.5.3.
4.1.1.5.1 For the purpose of subsection 4.1.1.5, professional development means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change the participants' attitudes, insights, and perspectives and ultimately results in improved professional practice.
4.1.1.5.2 Professional development hours may be approved if the applicant shows that the activity meets all of the following criteria:
4.1.1.5.2.1 Relevant courses from a regionally accredited college or university in special education are not available to the applicant online or in the applicant's county of residence; and
4.1.1.5.2.2 The activity is grounded in research and current best practices as judged by the Department's content specialist in special education; and
4.1.1.5.2.3 The activity is documented by the provider to provide knowledge and skills that are required for the special education certification; and
4.1.1.5.2.4 The activity is part of a professional development program that includes knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting.
4.1.1.5.3 For the purpose of subsection 4.1.1.5, the areas are the areas specified in subsections 4.1.1.5.3.1 through 4.1.1.5.3.5.
4.1.1.5.3.1 Diagnosis and Instruction for Reading / Literacy (3 credits);
4.1.1.5.3.2 Education Evaluation and IEP Development (3 credits);
4.1.1.5.3.3 Curriculum and Instruction in Special Education (3 credits);
4.1.1.5.3.4 Applied Behavior Analysis (3 credits); and
4.1.1.5.3.5 One of the following areas:
4.1.1.5.3.5.1 Legislation, Policy & Procedures/ Special Issues in Special Education (3 credits);
4.1.1.5.3.5.2 Transitions from Secondary Special Education or Secondary Transition Planning (3 credits);
4.1.1.5.3.5.3 Collaborative Teaming in Special Education (3 credits); or
4.1.1.5.3.5.4 Assistive Technology (3 credits).
4.1.2 An applicant applying after June 30, 2027 shall also have satisfactorily completed 6 college credits in evidence-based reading instruction under 14 Del.C. §1280(c)(3) or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department.
4.1.3 The applicant shall have achieved a minimum score on 1 of the following examinations:
4.1.3.1 A minimum score of 151 on the Praxis Subject Assessment - Special Education: Core Knowledge and Applications (ETS Test Code #5354); or
4.1.3.2 A minimum score of 145 on the Praxis Special Education: Foundational Knowledge (ETS Test Code # 5355).
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-5.0** Application Requirements {#sec-1571-5.0 omnilex-key=us-de-regs-official--title-14--1571-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with application for an Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Special Education Teacher of Students with Disabilities Standard Certificate.
5.3 The following documentation is required with the application for a Special Education Teacher of Students with Disabilities Standard Certificate:
5.3.1 Evidence of obtaining an Exceptional Needs Specialist certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the applicant’s employing authority or regionally accredited college or university.
5.3.2.2 Sealed paper transcripts may be submitted by the applicant, the applicant’s Employing Authority, or the applicant’s Regionally Accredited college or university.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Documents verifying successful completion of Department-approved professional development, if applicable; and
5.3.4 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2 of this regulation.
5.3.5 Additional documentation as required by the Department.
5.4 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate in special education or teaching students with disabilities from another state or jurisdiction, the following documentation is required in the application for a Special Education Teacher of Students with Disabilities Standard Certificate:
5.4.1 An official copy of the educator license or certificate from another state or jurisdiction.
5.4.2 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-6.0** Secretary of Education Review {#sec-1571-6.0 omnilex-key=us-de-regs-official--title-14--1571-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Special Education Teacher of Students with Disabilities Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Special Education Teacher of Students with Disabilities Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-7.0** Validity of a Standard Certificate {#sec-1571-7.0 omnilex-key=us-de-regs-official--title-14--1571-7.0}
7.1 A Special Education Teacher of Students with Disabilities Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
7.2 A Special Education Teacher of Students with Disabilities Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-8.0** Disciplinary Action {#sec-1571-8.0 omnilex-key=us-de-regs-official--title-14--1571-8.0}
8.1 An educator’s Special Education Teacher of Students with Disabilities Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator’s Special Education Teacher of Students with Disabilities Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-9.0** Past Certificate Recognized {#sec-1571-9.0 omnilex-key=us-de-regs-official--title-14--1571-9.0}
The Department shall recognize a Special Education Teacher of Students with Disabilities Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to instruct students with disabilities.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
##### **14 Del. Admin. Code § 1571-10.0** Contact Information and Change of Name or Address {#sec-1571-10.0 omnilex-key=us-de-regs-official--title-14--1571-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Special Education Teacher of Students with Disabilities Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/0/25)*
- *28 DE Reg. 810 (05/01/25)*
- *7 DE Reg. 775 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *11 DE Reg. 671 (11/01/07)*
- *16 DE Reg. 766 (01/01/13)*
- *19 DE Reg. 505 (12/01/15)*
- *24 DE Reg. 48 (07/01/20)*
- *27 DE Reg. 175 (09/01/23)*
- *28 DE Reg. 810 (05/01/25)*
### **1572** Teacher of Students Who Are Gifted and Talented
##### **14 Del. Admin. Code § 1572-1.0** Content {#sec-1572-1.0 omnilex-key=us-de-regs-official--title-14--1572-1.0}
1.1 This regulation shall apply to the issuance of a Teacher of Students Who Are Gifted or Talented Standard Certificate (Category) pursuant to 14 Del.C. §1220(a).
1.1.1 The Teacher of Students Who Are Gifted or Talented Standard Certificate is required for an educator who is assigned to teach in a program that is specific to students who have been identified as gifted or talented as provided in 14 DE Admin. Code 902 in Delaware public schools.
1.1.2 The Teacher of Students Who Are Gifted or Talented Standard Certificate is a category Standard Certificate and does not certify an educator to practice in a particular area or teach a particular subject. A category Standard Certificate only establishes that an educator has met the prescribed education, knowledge, or skill to instruct a particular category of students. This Certification is limited to the category of gifted or talented students.
1.1.3 An educator shall hold at least 1 content area Standard Certificate.
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
##### **14 Del. Admin. Code § 1572-2.0** Definitions {#sec-1572-2.0 omnilex-key=us-de-regs-official--title-14--1572-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Gifted or talented student” means the same as a “gifted or talented student” as provided in 14 DE Admin. Code 902 Gifted or Talented Education Plan.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Micro-credential" means evidence-based professional learning activities that are competency-based, personalized, on-demand, and sharable.
"Professional development" means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change participants' attitudes, insights, and perspectives and ultimately results in improved professional practice. Effective professional development programs include ample opportunities for knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
##### **14 Del. Admin. Code § 1572-3.0** Issuance of a Standard Certificate {#sec-1572-3.0 omnilex-key=us-de-regs-official--title-14--1572-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Teacher of Students Who Are Gifted or Talented Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate in gifted or talented education or teaching gifted students.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Teacher of Students Who Are Gifted or Talented Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation’s resolution.
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
##### **14 Del. Admin. Code § 1572-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1572-4.0 omnilex-key=us-de-regs-official--title-14--1572-4.0}
4.1 An applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 An applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an Exceptional Needs Specialist certificate in specialty area of gifted and talented education from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor’s, master’s, or doctoral degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in gifted or talented education, teaching gifted students, or special education with a gifted or talented endorsement or specialization from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach gifted or talented students as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in gifted or talented education; or
4.1.1.5 Earned a bachelor’s degree from a regionally accredited college or university in any content area and satisfactorily completed 15 college credits related to gifted or talented education or in students who are gifted or talented in the following areas or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department:
4.1.1.5.1 Foundations of Giftedness, including Cultural and Socioeconomic Equity (3 credits);
4.1.1.5.2 Curriculum Design and Instructional Strategies for Gifted Students (3 credits);
4.1.1.5.3 Psychology of Gifted Students (3 credits);
4.1.1.5.4 Creative and Critical Thinking Skills (3 credits); and
4.1.1.5.5 Practicum or Internship (3 credits).
4.1.1.6 Earned a bachelor's degree from a regionally accredited college or university in any content area and satisfactorily completed 3 micro-credentials from the National Association for Gifted Children in gifted education in the following areas:
4.1.1.6.1 Curriculum Compacting;
4.1.1.6.2 Identification; and
4.1.1.6.3 Social and Emotional Needs of Gifted Students.
4.1.2 The applicant shall have achieved a minimum score of 157 on the Praxis Subject Assessment – Gifted Education (ETS Test Code # 5358).
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
##### **14 Del. Admin. Code § 1572-5.0** Application Requirements {#sec-1572-5.0 omnilex-key=us-de-regs-official--title-14--1572-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with application for an Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Teacher of Students Who Are Gifted or Talented Standard Certificate.
5.3 The following documentation is required with the application for a Teacher of Students Who Are Gifted or Talented Standard Certificate:
5.3.1 Evidence of obtaining and maintaining an Exceptional Needs Specialist certificate in specialty area of gifted and talented education from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant’s regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the applicant’s employing authority or regionally accredited college or university.
5.3.2.2 Sealed paper transcripts may be submitted by the applicant, the applicant’s employing authority, or the applicant’s regionally accredited college or university.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Documents verifying successful completion of Department-approved professional development or micro-credentials, if applicable; and
5.3.4 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.5 Additional documentation as required by the Department.
5.4 For applicants who have met the requirements for licensure as an educator in Delaware and hold a valid and current license or certificate in gifted or talented education or teaching gifted students, the following documentation is required in the application for a Teacher of Students Who Are Gifted or Talented Standard Certificate:
5.4.1 An official copy of the valid and current license or certificate; and
5.4.2 Additional documentation as required by the Department.
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
##### **14 Del. Admin. Code § 1572-6.0** Secretary of Education Review {#sec-1572-6.0 omnilex-key=us-de-regs-official--title-14--1572-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Teacher of Students Who Are Gifted or Talented Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Teacher of Students Who Are Gifted or Talented Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
28 DE Reg. 737 (04/01/25)
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
##### **14 Del. Admin. Code § 1572-7.0** Validity of a Standard Certificate {#sec-1572-7.0 omnilex-key=us-de-regs-official--title-14--1572-7.0}
7.1 A Teacher of Students Who Are Gifted or Talented Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
7.2 A Teacher of Students Who Are Gifted or Talented Standard Certificate is not subject to renewal.
8.1 An educator’s Teacher of Students Who Are Gifted or Talented Standard Certificate may be limited, suspended, or revoked for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator’s Teacher of Students Who Are Gifted or Talented Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
##### **14 Del. Admin. Code § 1572-9.0** Past Certificate Recognized {#sec-1572-9.0 omnilex-key=us-de-regs-official--title-14--1572-9.0}
The Department shall recognize a Teacher of Students Who Are Gifted and Talented Standard Certificate or a Teacher of Students Who Are Gifted or Talented Standard Certificate issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to instruct gifted or talented students.
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
##### **14 Del. Admin. Code § 1572-10.0** Contact Information and Change of Name or Address {#sec-1572-10.0 omnilex-key=us-de-regs-official--title-14--1572-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Teacher of Students Who Are Gifted or Talented Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
- *7 DE Reg. 779 (12/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 785 (12/01/08)*
- *18 DE Reg. 566 (01/01/15)*
- *24 DE Reg. 152 (08/01/20)*
- *28 DE Reg. 737 (04/01/25)*
### **1573** Teacher of Students with Autism or with Severe Intellectual Disabilities
##### **14 Del. Admin. Code § 1573-1.0** Content {#sec-1573-1.0 omnilex-key=us-de-regs-official--title-14--1573-1.0}
1.1 This regulation shall apply to the issuance of a Teacher of Students with Autism or Students with Severe Intellectual Disabilities (Category) Standard Certificate pursuant to 14 Del.C. §1220(a).
1.1.1 The Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate is required for an educator whose primary assignment is teaching students with autism or severe intellectual disabilities in an approved program or in Delaware public schools. For the purpose of this regulation, "approved program" means a program encompassing or within a public school designated by the Department and the State Board of Education as a component of the Delaware Autism Program.
1.1.2 The Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate is a category Standard Certificate and does not certify an educator to practice in a particular area or teach a particular subject. A category Standard Certificate only establishes that an educator has met the prescribed education, knowledge, or skill to instruct a particular category of students. This certification is limited to the category of students with autism or severe intellectual disabilities.
1.1.3 An educator shall hold at least 1 content area Standard Certificate.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-2.0** Definitions {#sec-1573-2.0 omnilex-key=us-de-regs-official--title-14--1573-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Autism” shall have the same meaning as provided in 14 DE Admin. Code 925, subsection 6.6.
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
“Intellectual disability” shall have the same meaning as provided in 14 DE Admin. Code 925, subsection 6.12.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Severe intellectual disability” shall have the same meaning as provided in 14 DE Admin. Code 925, subsection 6.12.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and current license or certificate" means a current full or permanent certificate or license issued by another state or jurisdiction as an educator. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-3.0** Issuance of a Standard Certificate {#sec-1573-3.0 omnilex-key=us-de-regs-official--title-14--1573-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and holds a valid and current license or certificate in teaching students with autism or severe intellectual disabilities.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1573-4.0 omnilex-key=us-de-regs-official--title-14--1573-4.0}
4.1 An applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 An applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Obtained and currently maintain an Exceptional Needs Specialist certificate in the specialty area of Mild/Moderate Disabilities or Severe and Multiple Disabilities from the National Board for Professional Teaching Standards; or
4.1.1.2 Earned a bachelor's or master's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in special education with a concentration in autism and severe intellectual disabilities from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach students with autism and severe intellectual disabilities as provided in 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program to teach students with autism and severe intellectual disabilities; or
4.1.1.5 Earned a bachelor's or master's degree from a regionally accredited college or university with a minimum of 30 semester hours of coursework in special education and satisfactorily completed 15 college credits with a focus in autism and severe intellectual disabilities in the areas provided in subsection 4.1.1.5.3 or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department in the areas provided in subsection 4.1.1.5.3.
4.1.1.5.1 For the purpose of subsection 4.1.1.5, professional development means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change the participants' attitudes, insights, and perspectives and ultimately results in improved professional practice.
4.1.1.5.2 Professional development hours may be approved if the applicant shows that the activity meets all of the following criteria:
4.1.1.5.2.1 Relevant courses from a regionally accredited college or university in special education are not available to the applicant online or in the applicant's county of residence; and
4.1.1.5.2.2 The activity is grounded in research and current best practices as judged by the Department's content specialist in special education; and
4.1.1.5.2.3 The activity is documented by the provider to provide knowledge and skills that are required for the special education certification; and
4.1.1.5.2.4 The activity is part of a professional development program that includes knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting.
4.1.1.5.3 For the purpose of subsection 4.1.1.5, the areas are the areas specified in subsections 4.1.1.5.3.1 through 4.1.1.5.3.5.
4.1.1.5.3.1 Introduction to autism and severe intellectual disabilities (3 credits);
4.1.1.5.3.2 Methods of Instruction in Academic Standards and Functional Skills (3 credits);
4.1.1.5.3.3 Functional Communication Training (3 credits);
4.1.1.5.3.4 Applied Behavior Analysis for Educators (3 credits); and
4.1.1.5.3.5 Competency-Based Practicum in Behaviorally Based Teaching Techniques (3 credits); or
4.1.1.6 Currently hold a Special Education Teacher of Students with Disabilities Standard Certificate (14 DE Admin. Code 1571) and satisfactorily completed 15 college credits with a focus in autism and severe intellectual disabilities in the areas provided in subsection 4.1.1.5.3 or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department in the areas provided in subsection 4.1.1.5.3.
4.1.2 An applicant applying after June 30, 2027 shall also have satisfactorily completed 6 college credits in evidence-based reading instruction pursuant to 14 Del.C. §1280(c)(3) or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-5.0** Application Requirements {#sec-1573-5.0 omnilex-key=us-de-regs-official--title-14--1573-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the license.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate.
5.3 The following documentation is required with the application for a Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate:
5.3.1 Evidence of obtaining and maintaining an Exceptional Needs Specialist certificate from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's regionally accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the applicant's employing authority or regionally accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted by the applicant, the applicant's employing authority, or the applicant's regionally cccredited college or university.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Documents verifying successful completion of Department-approved professional development, if applicable; and
5.3.4 Additional documentation as required by the Department.
5.4 For applicants who have met the requirements for licensure and hold a valid and current license or certificate in teaching students with autism or severe intellectual disabilities, the following documentation is required in the application for a Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate:
5.4.1 An official copy of the valid and current license or certificate; and
5.4.2 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-6.0** Secretary of Education Review {#sec-1573-6.0 omnilex-key=us-de-regs-official--title-14--1573-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.
6.2.1 For school districts, requests shall be approved by the superintendent of the school district.
6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-7.0** Validity of a Standard Certificate {#sec-1573-7.0 omnilex-key=us-de-regs-official--title-14--1573-7.0}
7.1 A Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator's license remains current and valid.
7.2 A Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-8.0** Disciplinary Action {#sec-1573-8.0 omnilex-key=us-de-regs-official--title-14--1573-8.0}
8.1 An educator's Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An educator's Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.
8.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-9.0** Past Certificate Recognized {#sec-1573-9.0 omnilex-key=us-de-regs-official--title-14--1573-9.0}
9.1 The Department shall recognize a Standard Teacher of the Autistic Child or Professional Status Certificate issued by the Department between January 1, 1982 and August 31, 2005, if otherwise valid. An educator holding a Standard Teacher of the Autistic Child or a Professional Status Certificate issued between January 1, 1982 and August 31, 2005 shall be considered certified to instruct students with autism or severe intellectual disabilities.
9.2 The Department shall recognize a Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to instruct students with autism or severe intellectual disabilities.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
##### **14 Del. Admin. Code § 1573-10.0** Contact Information and Change of Name or Address {#sec-1573-10.0 omnilex-key=us-de-regs-official--title-14--1573-10.0}
10.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An educator who legally changes the educator's name and wishes to change the name on the Teacher of Students with Autism or Students with Severe Intellectual Disabilities Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
- *28 DE Reg. 812 (05/01/25)*
- *9 DE Reg. 550 (10/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 767 (01/01/13)*
- *24 DE Reg. 372 (10/01/20)*
- *28 DE Reg. 812 (05/01/25)*
### **1574** Teacher of Students Who Are Deaf or Hard of Hearing
##### **14 Del. Admin. Code § 1574-1.0** Content {#sec-1574-1.0 omnilex-key=us-de-regs-official--title-14--1574-1.0}
1.1 This regulation shall apply to the issuance of a Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate (Category) pursuant to 14 Del.C. §1220(a).
1.1.1 This Standard Certificate is required for an Educator whose primary assignment is teaching Deaf or Hard of Hearing Students in Delaware public schools.
1.1.2 The Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate is a category Standard Certificate and does not certify an Educator to practice in a particular area or teach a particular subject. A category Standard Certificate only establishes that an Educator has met the prescribed education, knowledge, or skill requirements to instruct a particular category of students. The Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate is limited to the category of Deaf or Hard of Hearing Students.
1.1.3 An Educator shall hold at least one content area Standard Certificate.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
##### **14 Del. Admin. Code § 1574-2.0** Definitions {#sec-1574-2.0 omnilex-key=us-de-regs-official--title-14--1574-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"CED" means the Council on Education for the Deaf.
"Deaf or Hard of Hearing Student" means a student with "deafness" or a "hearing impairment" as defined in Section 3.0 of 14 DE Admin. Code 922 Children with Disabilities Subpart A, Purposes and Definitions.
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license issued by another state or jurisdiction. This means the educator is fully credentialed by having met all of the requirements for full licensure or certification in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
##### **14 Del. Admin. Code § 1574-3.0** Issuance of a Standard Certificate {#sec-1574-3.0 omnilex-key=us-de-regs-official--title-14--1574-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for licensure and holds a Valid and Current License or Certificate in deaf education or teaching students who are deaf or hard of hearing.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
##### **14 Del. Admin. Code § 1574-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1574-4.0 omnilex-key=us-de-regs-official--title-14--1574-4.0}
4.1 An applicant for the Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate shall have satisfied one of the following education requirements:
4.1.1 Obtained and currently maintain an Exceptional Needs Specialist certificate in the specialty area of Deaf/Hard of Hearing from the National Board for Professional Teaching Standards;
4.1.2 Earned a master's degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in deaf education from an educator preparation program approved or recognized by the CED; or
4.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach students who are deaf or hard of hearing as provided in 14 Del.C. §§1260 - 1266; or
4.1.4 Satisfactorily completed a Department-approved educator preparation program in deaf education; or
4.1.5 Earned a bachelor's degree from a Regionally Accredited college or university in any content area and satisfactorily completed 21 college credits or the equivalent number of hours with one credit equating to 15 hours taken as part of or in addition to a degree program from a Regionally Accredited college or university or a professional development provider approved by the Department with a focus in deaf education that are guided by and include the following CED Initial Preparation Standards:
4.1.5.1 Learner Development and Individual Learning Differences for Students Who Are Deaf or Hard of Hearing;
4.1.5.2 Learning Environments for Students Who Are Deaf or Hard of Hearing;
4.1.5.3 Curricular Content Knowledge for Students Who Are Deaf or Hard of Hearing;
4.1.5.4 Assessment for Students Who Are Deaf or Hard of Hearing;
4.1.5.5 Instructional Planning and Strategies for Students Who Are Deaf or Hard of Hearing;
4.1.5.6 Professional Learning and Ethical Practice for Students Who Are Deaf or Hard of Hearing; and
4.1.5.7 Collaboration for Students Who Are Deaf or Hard of Hearing.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
##### **14 Del. Admin. Code § 1574-5.0** Application Requirements {#sec-1574-5.0 omnilex-key=us-de-regs-official--title-14--1574-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 For an applicant who is applying for a Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate under subsection 3.1.1 of this regulation, the following documentation is required with the application:
5.2.1 Evidence of obtaining and maintaining an Exceptional Needs Specialist certificate in the specialty area of Deaf/Hard of Hearing from the National Board for Professional Teaching Standards, if applicable; and
5.2.2 Official transcript from the applicant's Regionally Accredited college or university.
5.2.2.1 Electronic transcripts may be submitted by the applicant's Employing Authority or Regionally Accredited college or university.
5.2.2.2 Sealed paper transcripts may be submitted.
5.2.2.3 The Department will not accept copies of transcripts; and
5.2.3 Additional documentation as required by the Department.
5.3 For an applicant who is applying for a Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate under subsection 3.1.2 of this regulation, the following documentation is required with the application:
5.3.1 An official copy of the Valid and Current License or Certificate; and
5.3.2 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
##### **14 Del. Admin. Code § 1574-6.0** Validity of a Standard Certificate {#sec-1574-6.0 omnilex-key=us-de-regs-official--title-14--1574-6.0}
6.1 A Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
6.2 A Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
##### **14 Del. Admin. Code § 1574-7.0** Disciplinary Action {#sec-1574-7.0 omnilex-key=us-de-regs-official--title-14--1574-7.0}
7.1 An Educator's Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
7.2 An Educator's Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
7.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
##### **14 Del. Admin. Code § 1574-8.0** Secretary of Education Review {#sec-1574-8.0 omnilex-key=us-de-regs-official--title-14--1574-8.0}
8.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate but whose effectiveness is documented by the local school district or charter school.
8.1.1 For school districts, requests shall be approved by the superintendent of the school district.
8.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
##### **14 Del. Admin. Code § 1574-9.0** Past Certificate Recognized {#sec-1574-9.0 omnilex-key=us-de-regs-official--title-14--1574-9.0}
The Department shall recognize a Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to instruct Deaf or Hard of Hearing Students.
**History**
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *25 DE Reg. 178 (08/01/21)*
- *10 DE Reg. 1144 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 851 (02/01/13)*
- *25 DE Reg. 178 (08/01/21)*
### **1575** Teacher of Students with Visual Impairments
##### **14 Del. Admin. Code § 1575-1.0** Content {#sec-1575-1.0 omnilex-key=us-de-regs-official--title-14--1575-1.0}
This regulation shall apply to the issuance of a Teacher of Students with Visual Impairments Standard Certificate pursuant to 14 Del.C. §1220(a). The Teacher of Students with Visual Impairments Standard Certificate is required for an Educator whose primary assignment is teaching students with visual impairments in Delaware public schools. This regulation does not apply to Certified Orientation and Mobility Specialists (COMS) who hold a current certification issued by the Academy for Certification of Vision Rehabilitation and Education Professionals.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-2.0** Definitions {#sec-1575-2.0 omnilex-key=us-de-regs-official--title-14--1575-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-3.0** Issuance of a Standard Certificate {#sec-1575-3.0 omnilex-key=us-de-regs-official--title-14--1575-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Teacher of Students with Visual Impairments Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a Valid and Current License or Certificate as a teacher of students with visual impairments issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Teacher of Students with Visual Impairments Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1575-4.0 omnilex-key=us-de-regs-official--title-14--1575-4.0}
4.1 An applicant for the Teacher of Students with Visual Impairments Standard Certificate shall have satisfied 1 of the following education requirements:
4.1.1 Obtained and currently maintain an Exceptional Needs Specialist certificate in the specialty area of Blind and Visually Impaired from the National Board for Professional Teaching Standards; or
4.1.2 Earned a bachelor's or master's degree from a Regionally Accredited college or university with a minimum of 30 semester hours of coursework in educating visually impaired students from an educator preparation program accredited by the Association for Education and Rehabilitation of the Blind and Visually Impaired (AER) or approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or
4.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach visually impaired students as provided in 14 Del.C. §§1260 - 1266; or
4.1.4 Satisfactorily completed a Department-approved educator preparation program in educating visually impaired students; or
4.1.5 Earned a bachelor's degree in any content area from a Regionally Accredited college or university and also satisfactorily completed 17 college credits or the equivalent number of hours with 1 credit equating to 15 hours taken as part of or in addition to a degree program from a Regionally Accredited college or university or a professional development provider approved by the Department in the following areas:
4.1.5.1 Anatomy and Physiology of the Eye (3 credits);
4.1.5.2 Braille and Nemeth Code (3 credits);
4.1.5.3 Assessment of Students with Visual Impairments (3 credits);
4.1.5.4 Methods of Instruction for Students with Visual Impairments (3 credits);
4.1.5.5 Assistive Technology (3 credits); and
4.1.5.6 Orientation/Mobility for the Teacher of Students with Visual Impairments (2 credits).
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-5.0** Application Requirements {#sec-1575-5.0 omnilex-key=us-de-regs-official--title-14--1575-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is applying for the issuance or renewal of an educator's license, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license application as specified in 14 Del.C. §1219 and could delay the processing or result in the denial of the application for a Teacher of Students with Visual Impairments Standard Certificate.
5.3 For an applicant who is applying for a Teacher of Students with Visual Impairments Standard Certificate under subsection 3.1.1 of this regulation, the following documentation is required with the application:
5.3.1 Evidence of obtaining and maintaining an Exceptional Needs Specialist certificate in the specialty area of Blind and Visually Impaired from the National Board for Professional Teaching Standards, if applicable; and
5.3.2 Official transcript from the applicant's Regionally Accredited college or university.
5.3.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's Regionally Accredited college or university; or
5.3.2.2 Sealed paper transcripts may be submitted.
5.3.2.3 The Department will not accept copies of transcripts; and
5.3.3 Documents verifying successful completion of Department-approved professional development, if applicable; and
5.3.4 Additional documentation as required by the Department.
5.4 For an applicant who is applying for a Teacher of Students with Visual Impairments Standard Certificate under subsection 3.1.2 of this regulation, the following documentation is required in the application:
5.4.1 An official copy of the Valid and Current License or Certificate; and
5.4.2 Official score; and
5.4.3 Additional documentation as required by the Department.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-6.0** Secretary of Education Review {#sec-1575-6.0 omnilex-key=us-de-regs-official--title-14--1575-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Teacher of Students with Visual Impairments Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Teacher of Students with Visual Impairments Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-7.0** Validity of a Standard Certificate {#sec-1575-7.0 omnilex-key=us-de-regs-official--title-14--1575-7.0}
7.1 A Teacher of Students with Visual Impairments Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
7.2 A Teacher of Students with Visual Impairments Standard Certificate is not subject to renewal.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-8.0** Disciplinary Action {#sec-1575-8.0 omnilex-key=us-de-regs-official--title-14--1575-8.0}
8.1 An Educator's Teacher of Students with Visual Impairments Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An Educator's Teacher of Students with Visual Impairments Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
8.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-9.0** Past Certificate Recognized {#sec-1575-9.0 omnilex-key=us-de-regs-official--title-14--1575-9.0}
The Department shall recognize a Teacher of Students with Visual Impairments Standard Certificate that was issued by the Department between January 11, 2007 and the effective date of this regulation. A teacher holding a Standard Certificate Teacher of Students with Visual Impairments issued between January 11, 2007 and the effective date of this regulation shall be considered certified to teach children with visual impairments.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
##### **14 Del. Admin. Code § 1575-10.0** Contact Information and Change of Name or Address {#sec-1575-10.0 omnilex-key=us-de-regs-official--title-14--1575-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the Teacher of Students with Visual Impairments Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *26 DE Reg. 864 (04/01/23)*
- *10 DE Reg. 1147 (01/01/07)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 855 (02/01/13)*
- *26 DE Reg. 864 (04/01/23)*
### **1580** School Library Media Specialist
##### **14 Del. Admin. Code § 1580-1.0** Content {#sec-1580-1.0 omnilex-key=us-de-regs-official--title-14--1580-1.0}
This regulation shall apply to the issuance of a School Library Media Specialist Standard Certificate pursuant to 14 Del.C. §1220(a). The School Library Media Specialist Standard Certificate is required for all school library media specialists who are working in grades K to 12 in Delaware public schools.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
##### **14 Del. Admin. Code § 1580-2.0** Definitions {#sec-1580-2.0 omnilex-key=us-de-regs-official--title-14--1580-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license issued by another state or jurisdiction. This means the educator is fully credentialed by having met all of the requirements for full licensure or certification in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
##### **14 Del. Admin. Code § 1580-3.0** Issuance of a Standard Certificate {#sec-1580-3.0 omnilex-key=us-de-regs-official--title-14--1580-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a School Library Media Specialist Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for licensure and presents proof of a Valid and Current License or Certificate as a school library media specialist.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School Library Media Specialist Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
##### **14 Del. Admin. Code § 1580-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1580-4.0 omnilex-key=us-de-regs-official--title-14--1580-4.0}
4.1 An applicant for a School Library Media Specialist Standard Certificate shall have satisfied the requirement in subsection 4.1.1.
4.1.1 An applicant shall have satisfied one of the following education requirements:
4.1.1.1 Earned a master’s or doctoral degree from a Regionally Accredited college or university in school library media from an American Library Association-approved program; or
4.1.1.2 Earned a master’s or doctoral degree from a Regionally Accredited college or university in any area and completed a Department-approved school library media program that meets the American Library Association’s standards.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
##### **14 Del. Admin. Code § 1580-5.0** Application Requirements {#sec-1580-5.0 omnilex-key=us-de-regs-official--title-14--1580-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 For applicants who are applying for the School Library Media Specialist Standard Certificate under subsection 3.1.1, the following documentation is required:
5.2.1 Official transcript from the applicant’s Regionally Accredited college or university.
5.2.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or
5.2.1.2 Sealed paper transcripts may be submitted.
5.2.1.3 The Department will not accept copies of transcripts; and
5.2.2 Additional documentation as required by the Department.
5.3 For applicants who are applying for the School Library Media Specialist Standard Certificate under subsection 3.1.2, the following documentation is required:
5.3.1 An official copy of the Valid and Current License or Certificate; and
5.3.2 Additional documentation as required by the Department.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
##### **14 Del. Admin. Code § 1580-6.0** Validity of a Standard Certificate {#sec-1580-6.0 omnilex-key=us-de-regs-official--title-14--1580-6.0}
6.1 A School Library Media Specialist Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator’s License remains current and valid.
6.2 A School Library Media Specialist Standard Certificate is not subject to renewal.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
##### **14 Del. Admin. Code § 1580-7.0** Disciplinary Action {#sec-1580-7.0 omnilex-key=us-de-regs-official--title-14--1580-7.0}
7.1 An Educator’s School Library Media Specialist Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
7.2 An Educator’s School Library Media Specialist Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator’s application in accordance with 14 Del.C. §1222.
7.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
##### **14 Del. Admin. Code § 1580-8.0** Secretary of Education Review {#sec-1580-8.0 omnilex-key=us-de-regs-official--title-14--1580-8.0}
8.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a School Library Media Specialist Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School Library Media Specialist Standard Certificate but whose effectiveness is documented by the local school district or charter school.
8.1.1 For school districts, requests shall be approved by the superintendent of the school district.
8.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school’s board of directors and requests concerning all other applicants shall be approved by the charter school’s head of school.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
##### **14 Del. Admin. Code § 1580-9.0** Past Certificate Recognized {#sec-1580-9.0 omnilex-key=us-de-regs-official--title-14--1580-9.0}
The Department shall recognize a School Library Media Specialist Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to practice as a school library media specialist.
**History**
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *24 DE Reg. 775 (02/01/21)*
- *7 DE Reg. 632 (11/01/03)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *12 DE Reg. 1206 (03/01/09)*
- *24 DE Reg. 775 (02/01/21)*
### **1581** School Reading Specialist
##### **14 Del. Admin. Code § 1581-1.0** Content {#sec-1581-1.0 omnilex-key=us-de-regs-official--title-14--1581-1.0}
This regulation shall apply to the issuance of a School Reading Specialist Standard Certificate pursuant to 14 Del.C. §1220(a). The School Reading Specialist Standard Certificate is required for all Reading Specialists in Delaware public schools.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-2.0** Definitions {#sec-1581-2.0 omnilex-key=us-de-regs-official--title-14--1581-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Reading Specialist” means an educator whose responsibility is to improve reading achievement in the educator's assigned school or district position. A Reading Specialist may provide one-on-one or small group, diagnostic teaching of reading. Responsibilities may include coaching and leading school reading programs. Reading Specialists’ assignments may include Title I reading teachers, reading resource teachers and educators who work with teachers in reading and communication skills, including, but not limited to literacy coaches and coordinators, and individuals employed as building or district coordinators of reading or in Reading Cadre positions. Reading Specialists may also serve as a resource in reading and writing for educational support personnel, administrators, teachers, and the community, provide professional development based on historical and current literature and research, work collaboratively with other professionals to build and implement reading programs for individuals and groups of students, and serve as advocates for students who struggle with reading.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-3.0** Issuance of a Standard Certificate {#sec-1581-3.0 omnilex-key=us-de-regs-official--title-14--1581-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a School Reading Specialist Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a Valid and Current License or Certificate as a Reading Specialist issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School Reading Specialist Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1581-4.0 omnilex-key=us-de-regs-official--title-14--1581-4.0}
4.1 An applicant for a School Reading Specialist Standard Certificate shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have satisfied both of the education requirements in subsections 4.1.1.1 and 4.1.1.2.
4.1.1.1 The applicant shall have satisfied 1 of the following:
4.1.1.1.1 Earned a master's degree in reading or literacy or its equivalent from a Regionally Accredited college or university or a state-approved educator preparation program for a reading/literacy specialist; or
4.1.1.1.2 Earned a bachelor's degree and completed 30 graduate-level credit hours in any content area from a Regionally Accredited college or university. In addition, the applicant shall have satisfactorily completed 24 graduate-level credit hours that are aligned to either the International Literacy Association (ILA) Standards for Reading/Literacy Specialists or the International Dyslexia Association (IDA) Standards for Teachers of Reading in the following areas:
4.1.1.1.2.1 Assessment and instruction in writing (3 credits);
4.1.1.1.2.2 Assessment and instruction in reading that is based on the five core principles of phonological awareness, phonics, fluency, vocabulary, and comprehension (6 credits);
4.1.1.1.2.3 Practicum in reading to include application of strategies in assessment, instruction, and parent involvement (6 credits);
4.1.1.1.2.4 Literacy in the content areas (3 credits);
4.1.1.1.2.5 Teaching English as a Second Language (3 credits); and
4.1.1.1.2.6 Literacy acquisition (3 credits).
4.1.1.1.3 Earned a master's degree in any content area and satisfactorily completed 24 graduate-level credit hours that are aligned to either the International Literacy Association (ILA) Standards for Reading/Literacy Specialists or the International Dyslexia Association (IDA) Standards for Teachers of Reading in the areas specified in subsections 4.1.1.1.2.1 through 4.1.1.1.2.6.
4.1.1.2 The applicant shall have satisfactorily completed at least 1 course related to leadership, adult learning theory, or coaching adult learners, taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university.
4.1.2 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 164 on the Praxis Subject Assessment - Reading Specialist (ETS Test Code # 5301); or
4.1.2.2 A minimum score of 165 on the Praxis Subject Assessment - Reading Specialist (ETS Test Code #5302).
4.1.3 The applicant shall have completed a minimum of 3 years of teaching experience, including meeting students on a regularly scheduled basis, planning and delivering instruction, developing or preparing instructional materials, and evaluating student performance under a state credential in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-5.0** Application Requirements {#sec-1581-5.0 omnilex-key=us-de-regs-official--title-14--1581-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 An applicant must disclose the applicant's criminal conviction history upon application for a School Reading Specialist Standard Certificate. Failure to disclose a criminal conviction history is grounds for denial of a School Reading Specialist Standard Certificate as specified in 14 Del.C. §1219.
5.3 For applicants who are applying for the School Reading Specialist Standard Certificate under subsection 3.1.1, the following documentation is required:
5.3.1 Official transcript from the applicant's Regionally Accredited college or university.
5.3.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's Regionally Accredited college or university; or
5.3.1.2 Sealed paper transcripts may be submitted.
5.3.1.3 The Department will not accept copies of transcripts; and
5.3.2 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and
5.3.3 The Department-approved form verifying the applicant's completion of the experience requirement as provided in subsection 4.1.3; and
5.3.4 Additional documentation as required by the Department.
5.4 For applicants who are applying for the School Reading Specialist Standard Certificate under subsection 3.1.2, the following documentation is required:
5.4.1 An official copy of the Valid and Current License or Certificate as a Reading Specialist; and
5.4.2 Additional documentation as required by the Department.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-6.0** Secretary of Education Review {#sec-1581-6.0 omnilex-key=us-de-regs-official--title-14--1581-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a School Reading Specialist Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School Reading Specialist Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-7.0** Validity of a Standard Certificate {#sec-1581-7.0 omnilex-key=us-de-regs-official--title-14--1581-7.0}
7.1 A School Reading Specialist Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
7.2 A School Reading Specialist Standard Certificate is not subject to renewal.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-8.0** Disciplinary Action {#sec-1581-8.0 omnilex-key=us-de-regs-official--title-14--1581-8.0}
8.1 An Educator's School Reading Specialist Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An Educator's School Reading Specialist Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
8.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-9.0** Past Certificate Recognized {#sec-1581-9.0 omnilex-key=us-de-regs-official--title-14--1581-9.0}
The Department shall recognize a School Reading Specialist Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to practice as a Reading Specialist.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
##### **14 Del. Admin. Code § 1581-10.0** Contact Information and Change of Name or Address {#sec-1581-10.0 omnilex-key=us-de-regs-official--title-14--1581-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the School Reading Specialist Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *26 DE Reg. 320 (10/01/22)*
- *7 DE Reg. 775 (12/01/03)*
- *8 DE Reg. 899 (12/01/04)*
- *10 DE Reg. 100 (7/1/06)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *16 DE Reg. 770 (01/01/13)*
- *26 DE Reg. 320 (10/01/22)*
### **1583** School Psychologist
##### **14 Del. Admin. Code § 1583-1.0** Content {#sec-1583-1.0 omnilex-key=us-de-regs-official--title-14--1583-1.0}
This regulation shall apply to the issuance of a School Psychologist Standard Certificate pursuant to 14 Del.C. §1220(a). The School Psychologist Standard Certificate is required for all school psychologists providing services to children in Delaware public schools.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-2.0** Definitions {#sec-1583-2.0 omnilex-key=us-de-regs-official--title-14--1583-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and Current License or Certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-3.0** Issuance of a Standard Certificate {#sec-1583-3.0 omnilex-key=us-de-regs-official--title-14--1583-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a School Psychologist Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation;
3.1.2 Has met the requirements for an educator’s license in Delaware and presents proof of a Valid and Current License or Certificate as a school psychologist issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School Psychologist Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1583-4.0 omnilex-key=us-de-regs-official--title-14--1583-4.0}
4.1 An applicant for a School Psychologist Standard Certificate shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have earned 1 of following:
4.1.1.1 An Educational Specialist (Ed.S.) degree, the equivalent of an Ed.S. degree, or a doctoral degree through a program approved by the National Association of School Psychologists (NASP) at a Regionally Accredited college or university. The equivalent of an Ed.S. degree means a degree earned by completing a specialist-level program of study in school psychology that includes a minimum of 3 years of full-time study at the graduate level or the equivalent, inclusive of structured field experiences, and at least 60 graduate semester hours or the equivalent, with at least 54 hours exclusive of credit for the supervised specialist-level internship; or
4.1.1.2 A doctoral degree in school psychology through a program approved by the American Psychological Association (APA) at a Regionally Accredited college or university.
4.1.2 The applicant shall have achieved the minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 147 on the Praxis Subject Assessment - School Psychology (ETS Test Code # 5042); or
4.1.2.2 A minimum score of 155 on the Praxis Subject Assessment - School Psychologist (ETS Test Code #5403).
4.1.3 The applicant shall have completed a supervised, culminating, comprehensive field experience of at least 1,200 hours, 600 hours of which must have been completed in an educational setting, in an institution or agency that is approved by the applicant’s graduate program or the Department, completed at or near the end of formal training, through which the applicant had the opportunity to integrate and apply professional knowledge and skills acquired in prior courses and practica as well as to acquire new competencies consistent with training program goals.
4.2 Notwithstanding subsection 4.1, the Department may issue a School Psychologist Standard Certificate to an applicant who holds a Nationally Certified School Psychologist (NCSP) certificate from NASP that is in good standing.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-5.0** Application Requirements {#sec-1583-5.0 omnilex-key=us-de-regs-official--title-14--1583-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a School Psychologist Standard Certificate.
5.3 For applicants who are applying for the School Psychologist Standard Certificate under subsections 3.1.1 and 4.1, the following documentation is required:
5.3.1 Official transcript from the applicant’s Regionally Accredited college or university.
5.3.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or
5.3.1.2 Sealed paper transcripts may be submitted.
5.3.1.3 The Department will not accept copies of transcripts; and
5.3.2 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2;
5.3.3 The Department-approved form verifying the applicant’s completion of the requirement in subsection 4.1.3; and
5.3.4 Additional documentation as required by the Department.
5.4 For applicants who are applying for the School Psychologist Standard Certificate under subsections 3.1.1 and 4.2, the following documentation is required:
5.4.1 Documentation that the applicant holds a NCSP certificate from NASP that is in good standing; and
5.4.2 Additional documentation as required by the Department.
5.5 For applicants who are applying for the School Psychologist Standard Certificate under subsection 3.1.2, the following documentation is required:
5.5.1 An official copy of the Valid and Current License or Certificate; and
5.5.2 Additional documentation as required by the Department.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-6.0** Secretary of Education Review {#sec-1583-6.0 omnilex-key=us-de-regs-official--title-14--1583-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a School Psychologist Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School Psychologist Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-7.0** Validity of a Standard Certificate {#sec-1583-7.0 omnilex-key=us-de-regs-official--title-14--1583-7.0}
7.1 A School Psychologist Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
7.2 A School Psychologist Standard Certificate is not subject to renewal.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-8.0** Disciplinary Action {#sec-1583-8.0 omnilex-key=us-de-regs-official--title-14--1583-8.0}
8.1 An Educator's School Psychologist Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
8.2 An Educator's School Psychologist Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
8.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-9.0** Past Certificate Recognized {#sec-1583-9.0 omnilex-key=us-de-regs-official--title-14--1583-9.0}
The Department shall recognize a School Psychologist Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to practice as a school psychologist.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
##### **14 Del. Admin. Code § 1583-10.0** Contact Information and Change of Name or Address {#sec-1583-10.0 omnilex-key=us-de-regs-official--title-14--1583-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the School Psychologist Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *14 DE Reg. 562 (12/01/10)*
- *25 DE Reg. 519 (11/01/21)*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
- *25 DE Reg. 519 (11/01/21)*
- *8 DE Reg. 448 (09/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *14 DE Reg. 562 (12/01/10)*
- *19 DE Reg. 624 (01/01/16)*
- *25 DE Reg. 519 (11/01/21)*
- *26 DE Reg. 866 (04/01/23)*
### **1584** School Social Worker
##### **14 Del. Admin. Code § 1584-1.0** Content {#sec-1584-1.0 omnilex-key=us-de-regs-official--title-14--1584-1.0}
This regulation shall apply to the issuance of a School Social Work Standard Certificate pursuant to 14 Del.C. §1220(a). The School Social Worker Standard Certificate is required for grades K to 12 in Delaware public schools.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-2.0** Definitions {#sec-1584-2.0 omnilex-key=us-de-regs-official--title-14--1584-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"LCSW" means a person who is licensed as a clinical social worker.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"LMSW" means a person who is licensed as a masters social worker.
"Passing Score" means a minimum score as established by the Standards Board in consultation with the Department and with the approval of the State Board of Education.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license issued by another state or jurisdiction. This means the educator is fully credentialed by having met all of the requirements for full licensure or certification in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-3.0** Issuance of a Standard Certificate {#sec-1584-3.0 omnilex-key=us-de-regs-official--title-14--1584-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a School Social Worker Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for licensure in Delaware and presents proof of a Valid and Current License or Certificate as a school social worker from another state or jurisdiction whose requirements are substantially similar to the requirements in Section 4.0 of this regulation; or
3.1.3 Has met the requirements for licensure in Delaware and meets the requirements set forth in Section 5.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School Social Worker Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1584-4.0 omnilex-key=us-de-regs-official--title-14--1584-4.0}
4.1 An applicant for a School Social Worker Standard Certificate shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have earned a master's degree in social work (MSW) from a Regionally Accredited college or university.
4.1.2 The applicant shall hold a license to practice as a LCSW or LMSW issued by the Delaware Board of Social Work Examiners that is in good standing.
4.1.3 The applicant shall have completed two years of full-time work experience as a social worker as approved by the Department. Post-degree supervised clinical social work experience completed in order to obtain an LCSW license shall count as work experience.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-5.0** Reciprocity {#sec-1584-5.0 omnilex-key=us-de-regs-official--title-14--1584-5.0}
5.1 If an applicant is already licensed or certified as a school social worker in a state or jurisdiction whose requirements are not substantially similar to the requirements in Section 4.0, the applicant shall have satisfied the requirements in subsections 5.1.1 and 5.1.2 in order for the Department to issue a School Social Worker Standard Certificate.
5.1.1 The applicant shall have earned a master's degree in social work (MSW) from a Regionally Accredited college or university.
5.1.2 The applicant shall hold a license to practice as a LCSW or LMSW issued by the Delaware Board of Social Work Examiners that is in good standing.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-6.0** Application Requirements {#sec-1584-6.0 omnilex-key=us-de-regs-official--title-14--1584-6.0}
6.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
6.2 For applicants who are applying for the School Social Worker Standard Certificate under subsection 3.1.1, the following documentation is required:
6.2.1 Official transcript from the applicant's Regionally Accredited college or university.
6.2.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's Regionally Accredited college or university; or
6.2.1.2 Sealed paper transcripts may be submitted.
6.2.1.3 The Department will not accept copies of transcripts; and
6.2.2 Documentation that the applicant is licensed to practice and is in good standing as a LCSW or LMSW issued by the Delaware Board of Social Work Examiners; and
6.2.3 The Department-approved form verifying the applicant's completion of the experience requirement as provided in subsection 4.1.3; and
6.2.4 Additional documentation as required by the Department.
6.3 For applicants who are applying for the School Social Worker Standard Certificate under subsection 3.1.2, the following documentation is required:
6.3.1 An official copy of the Valid and Current License or Certificate; and
6.3.2 Documentation that the applicant is licensed to practice and is in good standing as a LCSW or LMSW issued by the Delaware Board of Social Work Examiners; and
6.3.3 Additional documentation as required by the Department.
6.4 For applicants who are applying for the School Social Worker Standard Certificate under subsection 3.1.3, the following documentation is required:
6.4.1 An official copy of the Valid and Current License or Certificate; and
6.4.2 Official transcript from the applicant's Regionally Accredited college or university.
6.4.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's Regionally Accredited college or university; or
6.4.2.2 Sealed paper transcripts may be submitted.
6.4.2.3 The Department will not accept copies of transcripts; and
6.4.3 Documentation that the applicant is licensed to practice and is in good standing as a LCSW or LMSW issued by the Delaware Board of Social Work Examiners; and
6.4.4 Additional documentation as required by the Department.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-7.0** Validity of a Standard Certificate {#sec-1584-7.0 omnilex-key=us-de-regs-official--title-14--1584-7.0}
7.1 A School Social Worker Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
7.2 A School Social Worker Standard Certificate is not subject to renewal.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-8.0** Requirements Related to the Retention of a School Social Worker Standard Certificate {#sec-1584-8.0 omnilex-key=us-de-regs-official--title-14--1584-8.0}
8.1 In order to retain a School Social Worker Standard Certificate, the Educator shall:
8.1.1 Hold a license to practice as a LCSW or LMSW issued by the Delaware Board of Social Work Examiners that is in good standing; and
8.1.2 Annually affirm and document to the Department that the Educator satisfies the requirement in subsection 8.1.1.
8.2 If an Educator fails to meet any of the requirements related to retaining a School Social Worker Standard Certificate, the Educator shall immediately notify the Department in writing.
8.3 The requirements set forth in subsection 8.1 apply to all Educators regardless of the date the School Social Worker Standard Certificate was issued to them.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-9.0** Disciplinary Action {#sec-1584-9.0 omnilex-key=us-de-regs-official--title-14--1584-9.0}
9.1 An Educator's School Social Worker Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the Educator's failure to comply with the requirements related to the retention of a School Social Worker Standard Certificate as provided in Section 8.0.
9.2 An Educator's School Social Worker Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
9.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-10.0** Secretary of Education Review {#sec-1584-10.0 omnilex-key=us-de-regs-official--title-14--1584-10.0}
10.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a School Social Worker Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School Social Worker Standard Certificate but whose effectiveness is documented by the local school district or charter school.
10.1.1 For school districts, requests shall be approved by the superintendent of the school district.
10.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
##### **14 Del. Admin. Code § 1584-11.0** Past Certificate Recognized {#sec-1584-11.0 omnilex-key=us-de-regs-official--title-14--1584-11.0}
The Department shall recognize a School Social Worker Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to practice as a school social worker.
**History**
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *24 DE Reg. 871 (03/01/21)*
- *14 DE Reg. 1357 (06/01/11)*
- *24 DE Reg. 871 (03/01/21)*
### **1585** School Behavior Analyst
##### **14 Del. Admin. Code § 1585-1.0** Content {#sec-1585-1.0 omnilex-key=us-de-regs-official--title-14--1585-1.0}
This regulation shall apply to the issuance of a School Behavior Analyst Standard Certificate pursuant to 14 Del.C. §1220(a). The School Behavior Analyst Standard Certificate is required for all behavior analysts who provide behavior analytic services in Delaware public schools. The School Behavior Analyst Standard Certificate is not required for educators who provide behavior analytic services in the course of their work and are licensed and certified to practice in other areas such as, but not limited to, teachers or school psychologists. Applied Behavior Analysis Technicians (ABATs), Board Certified Assistant Behavior Analyst (BCaBA), Qualified Autism Service Practitioner - Supervisors (QASP-Ss), and Registered Behavior Technicians (RBTs) are not eligible to hold the School Behavior Analyst Standard Certificate.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-2.0** Definitions {#sec-1585-2.0 omnilex-key=us-de-regs-official--title-14--1585-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-3.0** Issuance of a Standard Certificate {#sec-1585-3.0 omnilex-key=us-de-regs-official--title-14--1585-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a School Behavior Analyst Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation;
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a Valid and Current License or Certificate as a school behavior analyst issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School Behavior Analyst Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1585-4.0 omnilex-key=us-de-regs-official--title-14--1585-4.0}
4.1 An applicant for a School Behavior Analyst Standard Certificate shall have satisfied the requirement in subsection 4.1.1.
4.1.1 The applicant shall hold 1 of the certifications in subsections 4.1.1.1 through 4.1.1.2.
4.1.1.1 The applicant holds a Board Certified Behavior Analyst (BCBA) certification issued by the Behavior Analyst Certification Board.
4.1.1.2 The applicant holds a Qualified Behavior Analyst (QBA) issued by the Qualified Applied Behavior Analysis Credentialing Board.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-5.0** Application Requirements {#sec-1585-5.0 omnilex-key=us-de-regs-official--title-14--1585-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a School Behavior Analyst Standard Certificate.
5.3 For applicants who are applying for the School Behavior Analyst Standard Certificate under subsection 3.1.1, the following documentation is required:
5.3.1 Proof the applicant holds 1 of the certificates listed in subsection 4.1.1; and
5.3.2 Additional documentation as required by the Department.
5.4 For applicants who are applying for the School Behavior Analyst Standard Certificate under subsection 3.1.2, the following documentation is required:
5.4.1 An official copy of the Valid and Current License or Certificate; and
5.4.2 Additional documentation as required by the Department.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-6.0** Secretary of Education Review {#sec-1585-6.0 omnilex-key=us-de-regs-official--title-14--1585-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a School Behavior Analyst Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School Behavior Analyst Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-7.0** Validity of a Standard Certificate {#sec-1585-7.0 omnilex-key=us-de-regs-official--title-14--1585-7.0}
7.1 A School Behavior Analyst Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
7.2 A School Behavior Analyst Standard Certificate is not subject to renewal.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-8.0** Requirements Related to Retention of the School Behavior Analyst Standard Certificate {#sec-1585-8.0 omnilex-key=us-de-regs-official--title-14--1585-8.0}
8.1 In order to retain a School Behavior Analyst Standard Certificate, the Educator shall:
8.1.1 Hold an Initial, Continuing, or Advanced License and meet any requirements related to retention of the license.
8.1.2 Maintain the Educator's certification issued by the Behavior Analyst Certification Board or the Qualified Applied Behavior Analysis Credentialing Board.
8.2 If an Educator fails to meet any of the requirements related to retaining a School Behavior Analyst Standard Certificate, the Educator shall immediately notify the Department in writing.
8.3 The requirements set forth in subsection 8.1 apply to all Educators regardless of the date the School Behavior Analyst Standard Certificate was issued.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-9.0** Disciplinary Action {#sec-1585-9.0 omnilex-key=us-de-regs-official--title-14--1585-9.0}
9.1 An Educator's School Behavior Analyst Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the Educator's failure to comply with the requirements related to the retention of the School Behavior Analyst Standard Certificate as provided in Section 8.0.
9.2 An Educator's School Behavior Analyst Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
9.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *27 DE Reg. 176 (09/01/23)*
##### **14 Del. Admin. Code § 1585-10.0** Contact Information and Change of Name or Address {#sec-1585-10.0 omnilex-key=us-de-regs-official--title-14--1585-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the School Behavior Analyst Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *27 DE Reg. 176 (09/01/23)*
### **1586** School Behavior Analyst Assistant
##### **14 Del. Admin. Code § 1586-1.0** Content {#sec-1586-1.0 omnilex-key=us-de-regs-official--title-14--1586-1.0}
This regulation shall apply to the issuance of a School Behavior Analyst Assistant Standard Certificate pursuant to 14 Del.C. §1220(a). The School Behavior Analyst Assistant Standard Certificate is required for all behavior analyst assistants who provide behavior analytic services in Delaware public schools. Educators who hold a School Behavior Analyst Assistant Standard Certificate shall be supervised by educators who hold a School Behavior Analyst Standard Certificate (14 DE Admin. Code 1585). The School Behavior Analyst Assistant Standard Certificate is not required for educators who provide behavior analytic services in the course of their work and are licensed and certified to practice in other areas such as, but not limited to, teachers or school psychologists. Applied Behavior Analysis Technicians (ABATs), Board Certified Behavior Analysts (BCBAs), Qualified Behavior Analysts (QBAs), and Registered Behavior Technicians (RBTs) are not eligible to hold the School Behavior Analyst Standard Certificate.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-2.0** Definitions {#sec-1586-2.0 omnilex-key=us-de-regs-official--title-14--1586-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term 'educator' does not include substitute teachers.
"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator's unfitness or otherwise.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Regionally Accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.
"Valid and Current License or Certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-3.0** Issuance of a Standard Certificate {#sec-1586-3.0 omnilex-key=us-de-regs-official--title-14--1586-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a School Behavior Analyst Assistant Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation;
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a Valid and Current License or Certificate as a school behavior analyst assistant issued by another state or jurisdiction.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School Behavior Analyst Assistant Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1586-4.0 omnilex-key=us-de-regs-official--title-14--1586-4.0}
4.1 An applicant for a School Behavior Analyst Assistant Standard Certificate shall have satisfied the requirement in subsection 4.1.1.
4.1.1 The applicant shall hold 1 of the certifications in subsections 4.1.1.1 through 4.1.1.2.
4.1.1.1 The applicant holds a Board Certified Assistant Behavior Analyst (BCaBA) certification issued by the Behavior Analyst Certification Board.
4.1.1.2 The applicant holds a Qualified Autism Service Practitioner – Supervisor (QASP-S) issued by the Qualified Applied Behavior Analysis Credentialing Board.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-5.0** Application Requirements {#sec-1586-5.0 omnilex-key=us-de-regs-official--title-14--1586-5.0}
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a School Behavior Analyst Assistant Standard Certificate.
5.3 For applicants who are applying for the School Behavior Analyst Assistant Standard Certificate under subsection 3.1.1, the following documentation is required:
5.3.1 Proof the applicant holds 1 of the certificates listed in subsection 4.1.1; and
5.3.2 Additional documentation as required by the Department.
5.4 For applicants who are applying for the School Behavior Analyst Assistant Standard Certificate under subsection 3.1.2, the following documentation is required:
5.4.1 An official copy of the Valid and Current License or Certificate; and
5.4.2 Additional documentation as required by the Department.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-6.0** Secretary of Education Review {#sec-1586-6.0 omnilex-key=us-de-regs-official--title-14--1586-6.0}
6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a School Behavior Analyst Assistant Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School Behavior Analyst Assistant Standard Certificate but whose effectiveness is documented by the local school district or charter school.
6.1.1 For school districts, requests shall be approved by the superintendent of the school district.
6.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-7.0** Validity of a Standard Certificate {#sec-1586-7.0 omnilex-key=us-de-regs-official--title-14--1586-7.0}
7.1 A School Behavior Analyst Assistant Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
7.2 A School Behavior Analyst Assistant Standard Certificate is not subject to renewal.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-8.0** Requirements Related to Retention of the School Behavior Analyst Assistant Standard Certificate {#sec-1586-8.0 omnilex-key=us-de-regs-official--title-14--1586-8.0}
8.1 In order to retain a School Behavior Analyst Assistant Standard Certificate, the Educator shall:
8.1.1 Hold an Initial, Continuing, or Advanced License and meet any requirements related to retention of the license.
8.1.2 Maintain the Educator's certification issued by the Behavior Analyst Assistant Certification Board or the Qualified Applied Behavior Analysis Credentialing Board.
8.2 If an Educator fails to meet any of the requirements related to retaining a School Behavior Analyst Assistant Standard Certificate, the Educator shall immediately notify the Department in writing.
8.3 The requirements set forth in subsection 8.1 apply to all Educators regardless of the date the School Behavior Analyst Assistant Standard Certificate was issued.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-9.0** Disciplinary Action {#sec-1586-9.0 omnilex-key=us-de-regs-official--title-14--1586-9.0}
9.1 An Educator's School Behavior Analyst Assistant Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the Educator's failure to comply with the requirements related to the retention of the School Behavior Analyst Assistant Standard Certificate as provided in Section 8.0.
9.2 An Educator's School Behavior Analyst Assistant Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's application in accordance with 14 Del.C. §1222.
9.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *27 DE Reg. 181 (09/01/23)*
##### **14 Del. Admin. Code § 1586-10.0** Contact Information and Change of Name or Address {#sec-1586-10.0 omnilex-key=us-de-regs-official--title-14--1586-10.0}
10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
10.2 An Educator who legally changes the Educator's name and wishes to change the name on the School Behavior Analyst Assistant Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *27 DE Reg. 181 (09/01/23)*
### **1590** Delaware Administrator Standards
##### **14 Del. Admin. Code § 1590-1.0** Professional Standards for Educational Leaders 2015 {#sec-1590-1.0 omnilex-key=us-de-regs-official--title-14--1590-1.0}
1.1 The Professional Standards for Educational Leaders 20151 are organized around the domains, qualities, and values of leadership work that research and practice indicate contribute to students’ academic success and well-being.
1.2 These nationally recognized standards describe leadership behaviors and skills established for Delaware School Leaders, and serve as the foundation for preparation and appraisal of school leaders. In accordance with 14 Del.C. §1205, this regulation shall be applied to all school administrators employed within the public schools and charter schools of the State of Delaware.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-2.0** Definitions {#sec-1590-2.0 omnilex-key=us-de-regs-official--title-14--1590-2.0}
2.1 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Administrator" means an educator who is licensed and certified as an administrator and is employed in an instructional role in a school district or charter school.
"Education Leader" means a district or charter school building level or central office administrator.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-3.0** Standard 1 {#sec-1590-3.0 omnilex-key=us-de-regs-official--title-14--1590-3.0}
3.1 Effective educational leaders develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.
3.2 Effective leaders:
3.2.1 Develop an educational mission for the school to promote the academic success and well-being of each student;
3.2.2 In collaboration with members of the school and the community and using relevant data, develop and promote a vision for the school on the successful learning and development of each child and on instructional and organizational practices that promote such success;
3.2.3 Articulate, advocate, and cultivate core values that define the school’s culture and stress the imperative of child-centered education; high expectations and student support; equity, inclusiveness, and social justice; openness, caring and trust; and continuous improvement;
3.2.4 Strategically develop, implement, and evaluate actions to achieve the vision for the school;
3.2.5 Review the school’s mission and vision and adjust them to changing expectations and opportunities for the school, and changing needs and situations of students;
3.2.6 Develop shared understanding of and commitment to mission, vision, and core values within the school and the community; and
3.2.7 Model and pursue the school’s mission, vision, and core values in all aspects of leadership.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-4.0** Standard 2 {#sec-1590-4.0 omnilex-key=us-de-regs-official--title-14--1590-4.0}
4.1 Effective educational leaders act ethically and according to professional norms to promote each student’s academic success and well-being.
4.2 Effective leaders:
4.2.1 Act ethically and professionally in personal conduct, relationships with others, decision-making, stewardship of the school’s resources, and all aspects of school leadership;
4.2.2 Act according to and promote the professional norms of integrity, fairness, transparency, trust, collaboration, perseverance, learning, and continuous improvement;
4.2.3 Place children at the center of education and accept responsibility for each student’s academic success and well-being;
4.2.4 Safeguard and promote the values of democracy, individual freedom and responsibility, equity, social justice, community, and diversity;
4.2.5 Lead with interpersonal and communication skill, social-emotional insight, and understanding of all students’ and staff members’ backgrounds and cultures; and
4.2.6 Provide moral direction for the school and promote ethical and professional behavior among faculty and staff.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-5.0** Standard 3 {#sec-1590-5.0 omnilex-key=us-de-regs-official--title-14--1590-5.0}
5.1 Effective educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.
5.2 Effective leaders:
5.2.1 Ensure that each student is treated fairly, respectfully, and with an understanding of each student’s culture and context;
5.2.2 Recognize, respect, and employ each student’s strengths, diversity, and culture as assets for teaching and learning;
5.2.3 Ensure that each student had equitable access to effective teachers, learning opportunities, academic and social support, and other resources necessary for success;
5.2.4 Develop student policies and address student misconduct in a positive, fair, and unbiased manner;
5.2.5 Confront and alter institutional biases of student marginalization, deficit-based schooling, and low expectations associated with race, class, culture and language, gender and sexual orientation, and disability or special status;
5.2.6 Promote the preparation of students to live productively in and contribute to the diverse cultural contexts of a global society;
5.2.7 Act with cultural competence and responsiveness in their interactions, decision making, and practice; and
5.2.8 Address matters of equity and cultural responsiveness in all aspects of leadership.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-6.0** Standard 4 {#sec-1590-6.0 omnilex-key=us-de-regs-official--title-14--1590-6.0}
6.1 Effective educational leaders develop and support intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student’s academic success and well-being.
6.2 Effective leaders:
6.2.1 Implement coherent systems of curriculum, instruction, and assessment that promote the mission, vision, and core values of the school, embody high expectations for student learning, align with academic standards, and are culturally responsive;
6.2.2 Align and focus systems of curriculum, instruction, and assessment within and across grade levels to promote student academic success, love of learning, the identities and habits of learners, and healthy sense of self;
6.2.3 Promote instructional practice that is consistent with knowledge of child learning and development, effective pedagogy, and the needs of each student;
6.2.4 Ensure instructional practice that is intellectually challenging, authentic to student experiences, recognizes student strengths, and is differentiated and personalized;
6.2.5 Promote the effective use of technology in the service of teaching and learning;
6.2.6 Employ valid assessments that are consistent with knowledge of child learning and development and technical standards of measurement; and
6.2.7 Use assessment data appropriately and within technical limitations to monitor student progress and improve instruction.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-7.0** Standard 5 {#sec-1590-7.0 omnilex-key=us-de-regs-official--title-14--1590-7.0}
7.1 Effective educational leaders cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of each student.
7.2 Effective leaders:
7.2.1 Build and maintain a safe, caring, and healthy school environment that meets the academic, social, emotional, and physical needs of each student;
7.2.2 Create and sustain a school environment in which each student is known, accepted and valued, trusted and respected, cared for, and encouraged to be an active and responsible member of the school community;
7.2.3 Provide coherent systems of academic and social supports, services, extracurricular activities, and accommodations to meet the range of learning needs of each student;
7.2.4 Promote adult-student, student-peer, and school-community relationships that value and support academic learning and positive social and emotional development;
7.2.5 Cultivate and reinforce student engagement in school and positive student conduct; and
7.2.6 Infuse the school’s learning environment with the cultures and languages of the school’s community.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-8.0** Standard 6 {#sec-1590-8.0 omnilex-key=us-de-regs-official--title-14--1590-8.0}
8.1 Effective educational leaders develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being.
8.2 Effective leaders:
8.2.1 Recruit, hire, support, develop, and retain effective and caring teachers and other professional staff and form them into an educationally effective faculty;
8.2.2 Plan for and manage staff turnover and succession, providing opportunities for effective induction and mentoring of new personnel;
8.2.3 Develop teachers’ and staff members’ professional knowledge, skills, and practice through differentiated opportunities for learning and growth, guided by understanding of professional and adult learning and development;
8.2.4 Foster continuous improvement of individual and collective instructional capacity to achieve outcomes envisioned for each student;
8.2.5 Deliver actionable feedback about instruction and other professional practice through valid, research-anchored systems of supervision and evaluation to support the development of teachers’ and staff members’ knowledge, skills, and practice;
8.2.6 Empower and motivate teachers and staff to the highest levels of professional practice and to continuous learning and improvement;
8.2.7 Develop the capacity, opportunities, and support for teacher leadership and leadership from other members of the school community;
8.2.8 Promote the personal and professional health, well-being, and work-life balance of faculty and staff; and
8.2.9 Tend to their own learning and effectiveness through reflection, study, and improvement, maintaining a healthy work-life balance.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-9.0** Standard 7 {#sec-1590-9.0 omnilex-key=us-de-regs-official--title-14--1590-9.0}
9.1 Effective educational leaders foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being.
9.2 Effective leaders:
9.2.1 Develop workplace conditions for teachers and other professional staff that promote effective professional development, practice, and student learning;
9.2.2 Empower and entrust teachers and staff with collective responsibility for meeting the academic, social, emotional, and physical needs of each student, pursuant to the mission, vision, and core values of the school;
9.2.3 Establish and sustain a professional culture of engagement and commitment to shared vision, goals, and objectives pertaining to the education of the whole child; high expectations for professional work; ethical and equitable practice; trust and open communication; collaboration, collective efficacy, and continuous individual and organizational learning and improvement;
9.2.4 Promote mutual accountability among teachers and other professional staff for each student’s success and the effectiveness of the school as a whole;
9.2.5 Develop and support open, productive, caring, and trusting working relationships among leaders, faculty, and staff to promote professional capacity and the improvement of practice;
9.2.6 Design and implement job-embedded and other opportunities for professional-learning collaboratively with faculty and staff;
9.2.7 Provide opportunities for collaborative examination of practice, collegial feedback, and collective learning; and
9.2.8 Encourage faculty-initiated improvement of programs and practices.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-10.0** Standard 8 {#sec-1590-10.0 omnilex-key=us-de-regs-official--title-14--1590-10.0}
10.1 Effective educational leaders engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.
10.2 Effective leaders:
10.2.1 Are approachable, accessible, and welcoming to families and members of the community;
10.2.2 Create and sustain positive, collaborative, and productive relationships with families and the community for the benefit of students;
10.2.3 Engage in regular and open two-way communication with families and the community about the school, students, needs, problems, and accomplishments;
10.2.4 Maintain a presence in the community to understand its strengths and needs, develop productive relationships, and engage its resources for the school;
10.2.5 Create means for the school community to partner with families to support student learning in and out of school;
10.2.6 Understand, value, and employ the community’s cultural, social, intellectual, and political resources to promote student learning and school improvement;
10.2.7 Develop and provide the school as a resource for families and the community;
10.2.8 Advocate for the school and district, and for the importance of education and student needs and priorities to families and the community;
10.2.9 Advocate publicly for the needs and priorities of students, families, and the community; and
10.2.10 Build and sustain productive partnerships with public and private sectors to promote school improvements and student learning.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-11.0** Standard 9 {#sec-1590-11.0 omnilex-key=us-de-regs-official--title-14--1590-11.0}
11.1 Effective educational leaders manage school operations and resources to promote each student’s academic success and well-being.
11.2 Effective leaders:
11.2.1 Institute, manage, and monitor operations and administrative systems that promote the mission and vision of the school;
11.2.2 Strategically manage staff resources, assigning and scheduling teachers and staff to roles and responsibilities that optimize their professional capacity to address each student’s learning needs;
11.2.3 Seek, acquire, and manage fiscal, physical, and other resources to support curriculum, instruction, and assessment; student learning community; professional capacity and community; and family and community engagement;
11.2.4 Are responsible, ethical, and accountable stewards of the school’s monetary and non-monetary resources, engaging in effective budgeting and accounting practices;
11.2.5 Protect teachers’ and other staff members’ work and learning from disruption;
11.2.6 Employ technology to improve the quality and efficiency of operations and management;
11.2.7 Develop and maintain data and communication systems to deliver actionable information for classroom and school improvement;
11.2.8 Know, comply with, and help the school community understand local, state, and federal laws, rights, policies, and regulations so as to promote student success;
11.2.9 Develop and manage relationships with feeder and connecting schools for enrollment management and curricular and instructional articulation;
11.2.10 Develop and manage productive relationships with central office and school board;
11.2.11 Develop and administer systems for fair and equitable management of conflict among students, faculty, and staff, leaders, families, and community; and
11.2.12 Manage governance processes and internal and external politics toward achieving the school’s mission and vision.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
##### **14 Del. Admin. Code § 1590-12.0** Standard 10 {#sec-1590-12.0 omnilex-key=us-de-regs-official--title-14--1590-12.0}
12.1 Effective educational leaders act as agents of continuous improvement to promote each student’s academic success and well-being.
12.2 Effective leaders:
12.2.1 Seek to make school more effective for each student, teachers and staff, families, and the community;
12.2.2 Use methods of continuous improvements to achieve the vision, fulfill the mission, and promote the core values of the school;
12.2.3 Prepare the school and the community for improvement, promoting readiness, an imperative for improvement, instilling mutual commitment and accountability, and developing the knowledge, skills, and motivation to succeed in improvement;
12.2.4 Engage others in an ongoing process of evidence-based inquiry, learning, strategic goal setting, planning, implementation, and evaluation for continuous school and classroom improvement;
12.2.5 Employ situational-appropriate strategies for improvement, including transformational and incremental, adaptive approaches and attention to different phases of implementation;
12.2.6 Assess and develop the capacity of staff to assess the value and applicability of emerging educational trends and the findings of research for the school and its improvement;
12.2.7 Develop technically appropriate systems of data collection, management, analysis, and use, connecting as needed to the district office and external partners for support in planning, implementation, monitoring, feedback, and evaluation;
12.2.8 Adopt a systems perspective and promote coherence among improvement efforts and all aspects of school organization, programs, and services;
12.2.9 Manage uncertainty, risk, competing initiatives, and politics of change with courage and perseverance, providing support and encouragement, and openly communicating the need for, process for, and outcomes of improvement efforts; and
12.2.10 Develop and promote leadership among teachers and staff for inquiry, experimentation and innovation, and initiating and implementing improvement.
**History**
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *19 DE Reg. 846 (03/01/16)*
- *6 DE Reg. 322 (9/1/02)*
- *Renumbered effective 6/1/07 - see Conversion Table*
- *11 DE Reg. 311 (09/01/07)*
- *13 DE Reg. 650 (11/01/09)*
- *19 DE Reg. 846 (03/01/16)*
### **1591** School Principal and Assistant School Principal
##### **14 Del. Admin. Code § 1591-1.0** Content {#sec-1591-1.0 omnilex-key=us-de-regs-official--title-14--1591-1.0}
This regulation shall apply to the issuance of a School Principal and Assistant School Principal Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for all principals and assistant principals who are working in Delaware public schools. Notwithstanding the foregoing requirement, the Charter School Leader Standard Certificate (14 DE Admin. Code 1596) may be used for principals and assistant principals who work in a charter school.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-2.0** Definitions {#sec-1591-2.0 omnilex-key=us-de-regs-official--title-14--1591-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term “educator” does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-3.0** Issuance of a Standard Certificate {#sec-1591-3.0 omnilex-key=us-de-regs-official--title-14--1591-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a School Principal and Assistant School Principal Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a school principal or assistant school principal from another state or jurisdiction whose requirements are substantially similar to the requirements in Section 4.0 of this regulation; or
3.1.3 Has met the requirements for licensure in Delaware and meets the requirements set forth in Section 5.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School Principal and Assistant School Principal Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1591-4.0 omnilex-key=us-de-regs-official--title-14--1591-4.0}
4.1 The Department may issue a School Principal and Assistant School Principal Standard Certificate to an applicant who has satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Earned a master’s or doctoral degree with a minimum of 30 semester hours of coursework in Pre-K to 12 educational leadership from a regionally accredited college or university with advanced preparation accreditation by the Council for the Accreditation of Educator Preparation (CAEP); or
4.1.1.2 Earned a master’s or doctoral degree in any content area from a regionally accredited college or university and satisfactorily completed an alternative routes for licensure or certification program for school principals as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.3 Earned a master’s or doctoral degree from a regionally accredited college or university in any content area and satisfactorily completed a Department-approved educator preparation program for school principals as provided in 14 DE Admin. Code 290 Approval of Educator Preparation Programs.
4.1.2 The applicant shall have achieved a minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 151 on the School Leaders Licensure Assessment (ETS Test Code # 6990); or
4.1.2.2 A minimum score of 162 on the School Superintendent Assessment (ETS Test Code # 6991).
4.1.3 The applicant shall have completed a minimum of 4 years of experience as an educator with satisfactory annual summative evaluations or the equivalent thereof on a state-approved educator evaluation system under a state credential in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-5.0** Reciprocity {#sec-1591-5.0 omnilex-key=us-de-regs-official--title-14--1591-5.0}
5.1 If an applicant is already licensed or certified as a school principal or assistant school principal in a state or jurisdiction whose requirements are not substantially similar to the requirements in Section 4.0, the applicant shall have satisfied the requirements in subsections 5.1.1 through 5.1.3 in order for the Department to issue a School Principal and Assistant School Principal Standard Certificate:
5.1.1 The applicant shall hold a valid and current license or certificate as a school principal or assistant school principal.
5.1.2 The applicant shall have earned a master’s or doctoral degree in a Pre-K to 12 education-related field from a regionally accredited college or university.
5.1.3 If the applicant has less than 4 years’ experience working as a principal or assistant principal in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department, the applicant shall have achieved a minimum score on 1 of the following examinations:
5.1.3.1 A minimum score of 151 on the School Leaders Licensure Assessment (ETS Test Code # 6990); or
5.1.3.2 A minimum score of 162 on the School Superintendent Assessment (ETS Test Code # 6991).
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-6.0** Application Requirements {#sec-1591-6.0 omnilex-key=us-de-regs-official--title-14--1591-6.0}
6.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with an application for an Initial License, and the applicant shall also provide all required documentation for the License.
6.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a School Principal and Assistant School Principal Standard Certificate.
6.3 For applicants who are applying for the School Principal and Assistant School Principal Standard Certificate under subsection 3.1.1, the following documentation is required:
6.3.1 Official transcript from the applicant’s regionally accredited college or university with advanced preparation accreditation by the Council for the Accreditation of Educator Preparation (CAEP) for applicants who are applying under subsection 4.1.1.1 or official transcript from the applicant’s regionally accredited college or university for applicants who are applying under subsections 4.1.1.2 and 4.1.1.3.
6.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
6.3.1.2 Sealed paper transcripts may be submitted.
6.3.1.3 The Department will not accept copies of transcripts; and
6.3.2 Official score on an examination as provided in subsection 4.1.2.
6.3.3 The Department-approved form verifying the applicant’s completion of the experience requirement as provided in subsection 4.1.3; and
6.3.4 Additional documentation as required by the Department.
6.4 For applicants who are applying for the School Principal and Assistant School Principal Standard Certificate under subsection 3.1.2, the following documentation is required:
6.4.1 An official copy of the valid and current license or certificate; and
6.4.2 Additional documentation as required by the Department.
6.5 For applicants who are applying for the School Principal and Assistant School Principal Standard Certificate under subsection 3.1.3, the following documentation is required:
6.5.1 An official copy of the valid and current license or certificate; and
6.5.2 Official transcript from the applicant’s regionally accredited college or university.
6.5.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
6.5.2.2 Sealed paper transcripts may be submitted.
6.5.2.3 The Department will not accept copies of transcripts; and
6.5.3 Official score on an examination as provided in subsection 5.1.3.
6.5.4 Additional documentation as required by the Department.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-7.0** Secretary of Education Review {#sec-1591-7.0 omnilex-key=us-de-regs-official--title-14--1591-7.0}
7.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a School Principal and Assistant School Principal Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School Principal and Assistant School Principal Standard Certificate but whose effectiveness is documented by the local school district or charter school.
7.1.1 For school districts, requests shall be approved by the superintendent of the school district.
7.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-8.0** Validity of a Standard Certificate {#sec-1591-8.0 omnilex-key=us-de-regs-official--title-14--1591-8.0}
8.1 A School Principal and Assistant School Principal Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
8.2 A School Principal and Assistant School Principal Standard Certificate is not subject to renewal.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-9.0** Disciplinary Action {#sec-1591-9.0 omnilex-key=us-de-regs-official--title-14--1591-9.0}
9.1 An educator’s School Principal and Assistant School Principal Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
9.2 An educator’s School Principal and Assistant School Principal Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
9.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-10.0** Past Certificate Recognized {#sec-1591-10.0 omnilex-key=us-de-regs-official--title-14--1591-10.0}
The Department shall recognize a School Principal and Assistant School Principal Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to practice as a school principal and an assistant school principal.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
##### **14 Del. Admin. Code § 1591-11.0** Contact Information and Change of Name or Address {#sec-1591-11.0 omnilex-key=us-de-regs-official--title-14--1591-11.0}
11.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
11.2 An educator who legally changes the educator's name and wishes to change the name on the School Principal and Assistant School Principal Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
11.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 969 (03/01/13)*
- *24 DE Reg. 546 (12/01/20)*
- *28 DE Reg. 447 (12/01/24)*
### **1592** Certified Central Office Personnel
##### **14 Del. Admin. Code § 1592-1.0** Content {#sec-1592-1.0 omnilex-key=us-de-regs-official--title-14--1592-1.0}
This regulation shall apply to the issuance of a Certified Central Office Personnel Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for all instructional administrators who are working in Delaware public schools, including directors, supervisors, coordinators, and managers, except for special education directors who are subject to the requirements set forth in 14 DE Admin. Code 1594 Special Education Director.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-2.0** Definitions {#sec-1592-2.0 omnilex-key=us-de-regs-official--title-14--1592-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term “educator” does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Professional development" means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change participants' attitudes, insights, and perspectives and ultimately results in improved professional practice. Effective professional development programs include ample opportunities for knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-3.0** Issuance of a Standard Certificate {#sec-1592-3.0 omnilex-key=us-de-regs-official--title-14--1592-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Certified Central Office Personnel Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as central office personnel from another state or jurisdiction whose requirements are substantially similar to the requirements in Section 4.0 of this regulation; or
3.1.3 Has met the requirements for licensure in Delaware and meets the requirements set forth in Section 5.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Certified Central Office Personnel Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1592-4.0 omnilex-key=us-de-regs-official--title-14--1592-4.0}
4.1 The Department may issue a Certified Central Office Personnel Standard Certificate to an applicant who has satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Earned a master’s or doctoral degree with a minimum of 30 semester hours of coursework in Pre-K to 12 educational leadership from a regionally accredited college or university with advanced preparation accreditation by the Council for the Accreditation of Educator Preparation (CAEP); or
4.1.1.2 Earned a master’s or doctoral degree in any content area from a regionally accredited college or university and satisfactorily completed an alternative routes for licensure or certification program for central office personnel as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.3 Earned a master’s or doctoral degree in any content area from a regionally accredited college or university and satisfactorily completed a Department-approved educator preparation program for central office personnel as provided in 14 DE Admin. Code 290 Approval of Educator Preparation Programs; or
4.1.1.4 Earned a master’s or doctoral degree in any content area from a regionally accredited college or university; holds a School Principal and Assistant Principal Standard Certificate (14 DE Admin. Code 1591) that was issued by the Department; and satisfactorily completed an additional 9 graduate-level credit hours in Pre-K to 12 educational leadership from a regionally accredited college or university or the equivalent in professional development approved by the Department. The additional 9 graduate-level credit hours must be completed after the applicant earned the applicant's master’s or doctoral degree.
4.1.2 The applicant shall have achieved a minimum score on 1 of the following examinations:
4.1.2.1 A minimum score of 146 on the Educational Leadership: Administration and Supervision Assessment (ETS Test Code # 5412); or
4.1.2.2 A minimum score of 151 on the School Leaders Licensure Assessment (ETS Test Code # 6990); or
4.1.2.3 A minimum score of 162 on the School Superintendent Assessment (ETS Test Code # 6991).
4.1.3 The applicant shall have completed a minimum of 4 years of experience as an educator with satisfactory annual summative evaluations or the equivalent thereof on a state-approved educator evaluation system under a state credential in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-5.0** Reciprocity {#sec-1592-5.0 omnilex-key=us-de-regs-official--title-14--1592-5.0}
5.1 If an applicant is already licensed or certified as central office personnel in a state or jurisdiction whose requirements are not substantially similar to the requirements in Section 4.0, the applicant shall have satisfied the requirements in subsections 5.1.1 through 5.1.3 in order for the Department to issue a Certified Central Office Personnel Standard Certificate:
5.1.1 The applicant shall hold a valid and current license or certificate as central office personnel.
5.1.2 The applicant shall have earned a master’s or doctoral degree in a Pre-K to 12 education-related field from a regionally accredited college or university.
5.1.3 If the applicant has less than 4 years’ experience working as central office administrator in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department, the applicant shall have achieved a minimum score on 1 of the following examinations:
5.1.3.1 A minimum score of 146 on the Educational Leadership: Administration and Supervision Assessment (ETS Test Code # 5412); or
5.1.3.2 A minimum score of 151 on the School Leaders Licensure Assessment (ETS Test Code # 6990); or
5.1.3.3 A minimum score of 162 on the School Superintendent Assessment (ETS Test Code # 6991).
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-6.0** Application Requirements {#sec-1592-6.0 omnilex-key=us-de-regs-official--title-14--1592-6.0}
6.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with an application for an Initial License, and the applicant shall also provide all required documentation for the License.
6.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Certified Central Office Personnel Standard Certificate.
6.3 For applicants who are applying for the Certified Central Office Standard Certificate under subsection 3.1.1, the following documentation is required:
6.3.1 Official transcript from the applicant’s regionally accredited college or university with advanced preparation accreditation by the Council for the Accreditation of Educator Preparation (CAEP) for applicants who are applying under subsection 4.1.1.1 or official transcript from the applicant’s regionally accredited college or university for applicants who are applying under subsections 4.1.1.2, 4.1.1.3, and 4.1.1.4.
6.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
6.3.1.2 Sealed paper transcripts may be submitted.
6.3.1.3 The Department will not accept copies of transcripts; and
6.3.2 Documents verifying successful completion of Department-approved professional development, if applicable; and
6.3.3 Official score on an examination as provided in subsection 4.1.2; and
6.3.4 The Department-approved form verifying the applicant’s completion of the experience requirement as provided in subsection 4.1.3; and
6.3.5 Additional documentation as required by the Department.
6.4 For applicants who are applying for the Certified Central Office Standard Certificate under subsection 3.1.2, the following documentation is required:
6.4.1 An official copy of the valid and current license or certificate; and
6.4.2 Additional documentation as required by the Department.
6.5 For applicants who are applying for the Certified Central Office Standard Certificate under subsection 3.1.3, the following documentation is required:
6.5.1 An official copy of the valid and current license or certificate; and
6.5.2 Official transcript from the applicant’s regionally accredited college or university.
6.5.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
6.5.2.2 Sealed paper transcripts may be submitted.
6.5.2.3 The Department will not accept copies of transcripts; and
6.5.3 Official score on an examination as provided in subsection 5.1.3; and
6.5.4 Additional documentation as required by the Department.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-7.0** Secretary of Education Review {#sec-1592-7.0 omnilex-key=us-de-regs-official--title-14--1592-7.0}
7.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Certified Central Office Personnel Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Certified Central Office Personnel Standard Certificate but whose effectiveness is documented by the local school district or charter school.
7.1.1 For school districts, requests shall be approved by the superintendent of the school district.
7.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-8.0** Validity of a Standard Certificate {#sec-1592-8.0 omnilex-key=us-de-regs-official--title-14--1592-8.0}
8.1 A Certified Central Office Personnel Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
8.2 A Certified Central Office Personnel Standard Certificate is not subject to renewal.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-9.0** Disciplinary Action {#sec-1592-9.0 omnilex-key=us-de-regs-official--title-14--1592-9.0}
9.1 An educator’s Certified Central Office Personnel Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
9.2 An educator’s Certified Central Office Personnel Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
9.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-10.0** Past Certificate Recognized {#sec-1592-10.0 omnilex-key=us-de-regs-official--title-14--1592-10.0}
The Department shall recognize a School Leader I, a School Leader II, and a Certified Central Office Personnel Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to practice as central office personnel.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
##### **14 Del. Admin. Code § 1592-11.0** Contact Information and Change of Name or Address {#sec-1592-11.0 omnilex-key=us-de-regs-official--title-14--1592-11.0}
11.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
11.2 An educator who legally changes the educator's name and wishes to change the name on the Certified Central Office Personnel Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
11.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *8 DE Reg. 1301 (03/01/05)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 970 (03/01/13)*
- *24 DE Reg. 552 (12/01/20)*
- *28 DE Reg. 449 (12/01/24)*
### **1593** Superintendent and Assistant Superintendent
##### **14 Del. Admin. Code § 1593-1.0** Content {#sec-1593-1.0 omnilex-key=us-de-regs-official--title-14--1593-1.0}
This regulation shall apply to the issuance of a Superintendent and Assistant Superintendent Standard Certificate pursuant to 14 Del.C. §1220(a). This Standard Certificate is required for all superintendents and assistant superintendents who are working in Delaware public schools.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-2.0** Definitions {#sec-1593-2.0 omnilex-key=us-de-regs-official--title-14--1593-2.0}
The following words and terms, when used in this regulation, shall have the following meaning:
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Professional Standards Board and approved by the State Board of Education. The term “educator” does not include substitute teachers.
"Employing authority" means any entity which employs educators, and includes school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.
“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
"Professional development" means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change participants' attitudes, insights, and perspectives and ultimately results in improved professional practice. Effective professional development programs include ample opportunities for knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting.
“Regionally accredited” means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“Valid and current license or certificate” means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-3.0** Issuance of a Standard Certificate {#sec-1593-3.0 omnilex-key=us-de-regs-official--title-14--1593-3.0}
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Superintendent and Assistant Superintendent Standard Certificate to an applicant who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for an educator's license in Delaware and presents proof of a valid and current license or certificate as a superintendent or assistant superintendent from another state or jurisdiction whose requirements are substantially similar to the requirements in Section 4.0 of this regulation; or
3.1.3 Has met the requirements for licensure in Delaware and meets the requirements set forth in Section 5.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Superintendent and Assistant Superintendent Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-4.0** Prescribed Education, Knowledge, and Skill Requirements {#sec-1593-4.0 omnilex-key=us-de-regs-official--title-14--1593-4.0}
4.1 The Department may issue a Superintendent and Assistant Superintendent Standard Certificate to an applicant who has satisfied the requirements in subsections 4.1.1 through 4.1.3.
4.1.1 The applicant shall have satisfied 1 of the following education requirements:
4.1.1.1 Earned a doctoral degree with a minimum of 30 semester hours of coursework in Pre-K to 12 educational leadership from a regionally accredited college or university with advanced preparation accreditation by the Council for the Accreditation of Educator Preparation (CAEP); or
4.1.1.2 Earned a master’s or doctoral degree in any content area from a regionally accredited college or university and satisfactorily completed an alternative routes for licensure or certification program for superintendents as provided in 14 Del.C. §§1260 – 1266; or
4.1.1.3 Earned a master’s or doctoral degree in any content area from a regionally accredited college or university and satisfactorily completed a Department-approved educator preparation program for superintendents as provided in 14 DE Admin. Code 290 Approval of Educator Preparation Programs; or
4.1.1.4 Earned a master’s or doctoral degree in any content area from a regionally accredited college or university; holds Certified Central Office Personnel Standard Certificate (14 DE Admin. Code 1592) or Special Education Director Standard Certificate (14 DE Admin. Code 1594) that was issued by the Department; and satisfactorily completed an additional 9 graduate-level credit hours in Pre-K to 12 educational leadership from a regionally accredited college or university or the equivalent in professional development approved by the Department. The additional 9 graduate-level credit hours must be completed after the applicant was issued the applicant's Certified Central Office Personnel Standard Certificate (14 DE Admin. Code 1592) or Special Education Director Standard Certificate (14 DE Admin. Code 1594).
4.1.2 The applicant shall have achieved a minimum score of 162 on the School Superintendent Assessment (ETS Test Code # 6991).
4.1.3 The applicant shall have completed a minimum of 6 years of education experience as provided in subsections 4.1.3.1 and 4.1.3.2.
4.1.3.1 The applicant shall have completed a minimum of 4 years of experience as an educator with satisfactory annual summative evaluations or the equivalent thereof on a state-approved educator evaluation system under a state credential in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department; and
4.1.3.2 The applicant shall have completed a minimum of 2 years of 1 of the following full-time leadership experience requirements as a credentialed administrator with satisfactory annual summative evaluations or the equivalent thereof on a state-approved educator evaluation system under a state credential in any Pre-K to 12 public school setting as approved by the Department:
4.1.3.2.1 Working as a school principal or assistant school principal; or
4.1.3.2.2 Working as a certified central office administrator; or
4.1.3.2.3 Working as a special education director; or
4.1.3.2.4 Working in another administrative instructional leadership position; or
4.1.3.2.5 Any combination of the leadership experience requirements in subsections 4.1.3.2.1 through 4.1.3.2.4.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-5.0** Reciprocity {#sec-1593-5.0 omnilex-key=us-de-regs-official--title-14--1593-5.0}
5.1 If an applicant is already licensed or certified as a superintendent or assistant superintendent in a state or jurisdiction whose requirements are not substantially similar to the requirements in Section 4.0, the applicant shall have satisfied the requirements in subsections 5.1.1 through 5.1.3 in order for the Department to issue a Superintendent and Assistant Superintendent Standard Certificate:
5.1.1 The applicant shall hold a valid and current license or certificate as superintendent or assistant superintendent.
5.1.2 The applicant shall have earned a master’s or doctoral degree in a Pre-K to 12 education-related field from a regionally accredited college or university.
5.1.3 If the applicant has less than 4 years’ experience working as a superintendent or assistant superintendent in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department, the applicant shall have achieved a minimum score of 162 on the School Superintendent Assessment (ETS Test Code # 6991).
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-6.0** Application Requirements {#sec-1593-6.0 omnilex-key=us-de-regs-official--title-14--1593-6.0}
6.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with an application for an Initial License, and the applicant shall also provide all required documentation for the License.
6.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Superintendent and Assistant Superintendent Standard Certificate.
6.3 For applicants who are applying for the Superintendent and Assistant Superintendent Standard Certificate under subsection 3.1.1, the following documentation is required:
6.3.1 Official transcript from the applicant’s regionally accredited college or university with advanced preparation accreditation by the Council for the Accreditation of Educator Preparation (CAEP) for applicants who are applying under subsection 4.1.1.1 or official transcript from the applicant’s regionally accredited college or university for applicants who are applying under subsections 4.1.1.2, 4.1.1.3, and 4.1.1.4.
6.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
6.3.1.2 Sealed paper transcripts may be submitted.
6.3.1.3 The Department will not accept copies of transcripts; and
6.3.2 Documents verifying successful completion of Department-approved professional development, if applicable; and
6.3.3 Official score on the examination as provided in subsection 4.1.2; and
6.3.4 The Department-approved form verifying the applicant’s completion of the experience requirement as provided in subsection 4.1.3; and
6.3.5 Additional documentation as required by the Department.
6.4 For applicants who are applying for the Superintendent and Assistant Superintendent Standard Certificate under subsection 3.1.2, the following documentation is required:
6.4.1 An official copy of the valid and current license or certificate; and
6.4.2 Additional documentation as required by the Department.
6.5 For applicants who are applying for the Superintendent and Assistant Superintendent Standard Certificate under subsection 3.1.3, the following documentation is required:
6.5.1 An official copy of the valid and current license or certificate; and
6.5.2 Official transcript from the applicant’s regionally accredited college or university.
6.5.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant’s regionally accredited college or university; or
6.5.2.2 Sealed paper transcripts may be submitted.
6.5.2.3 The Department will not accept copies of transcripts; and
6.5.3 Official score on the examination as provided in subsection 5.1.3; and
6.5.4 Additional documentation as required by the Department.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-7.0** Secretary of Education Review {#sec-1593-7.0 omnilex-key=us-de-regs-official--title-14--1593-7.0}
7.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Superintendent and Assistant Superintendent Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Superintendent and Assistant Superintendent Standard Certificate but whose effectiveness is documented by the local school district or charter school.
7.1.1 For school districts, requests shall be approved by the superintendent of the school district.
7.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-8.0** Validity of a Standard Certificate {#sec-1593-8.0 omnilex-key=us-de-regs-official--title-14--1593-8.0}
8.1 A Superintendent and Assistant Superintendent Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the educator’s license remains current and valid.
8.2 A Superintendent and Assistant Superintendent Standard Certificate is not subject to renewal.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-9.0** Disciplinary Action {#sec-1593-9.0 omnilex-key=us-de-regs-official--title-14--1593-9.0}
9.1 An educator’s Superintendent and Assistant Superintendent Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.
9.2 An educator’s Superintendent and Assistant Superintendent Standard Certificate shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator’s application in accordance with 14 Del.C. §1222.
9.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-10.0** Past Certificate Recognized {#sec-1593-10.0 omnilex-key=us-de-regs-official--title-14--1593-10.0}
The Department shall recognize a School Leader II, and a Superintendent or Assistant Superintendent, and Superintendent and Assistant Superintendent Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate shall be considered certified to practice as a superintendent and an assistant superintendent.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
##### **14 Del. Admin. Code § 1593-11.0** Contact Information and Change of Name or Address {#sec-1593-11.0 omnilex-key=us-de-regs-official--title-14--1593-11.0}
11.1 All applicants and educators are required to update their contact information in DEEDS if their contact information changes.
11.2 An educator who legally changes the educator's name and wishes to change the name on the Superintendent and Assistant Superintendent Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
11.3 An applicant or educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
**History**
- *24 DE Reg. 559 (12/01/20)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
- *7 DE Reg. 190 (08/01/03)*
- *7 DE Reg. 1744 (06/01/04)*
- *Renumbered effective 06/01/07 - see Conversion Table*
- *16 DE Reg. 972 (03/01/13)*
- *24 DE Reg. 559 (12/01/20)*
- *28 DE Reg. 450 (12/01/24)*
### **1595** Certification Programs for Leaders in Education (Repealed)
##### **14 Del. Admin. Code § 1595** Certification Programs for Leaders in Education (Repealed) {#sec-1595 omnilex-key=us-de-regs-official--title-14--1595}
This regulation was repealed, effective March 11, 2020.
**History**
- *16 DE Reg. 973 (03/01/13)*
- *19 DE Reg. 626 (01/01/16)*
- *23 DE Reg. 771 (03/01/20)*
### **1597** Delaware Professional Teaching Standards
##### **14 Del. Admin. Code § 1597** Delaware Professional Teaching Standards {#sec-1597 omnilex-key=us-de-regs-official--title-14--1597}
1500 Professional Standards Board
1597 Delaware Professional Teaching Standards
Non-regulatory note: Approval of Teacher Education programs is governed by 14 DE Admin. Code 290 Approval of Educator Preparation Programs. Teacher evaluations are governed by 14 DE Admin. Code 106A Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised.
1.0 Content
1.1 The Delaware Professional Teaching Standards shall serve as the common principles and foundations of teaching practice for Delaware public school educators in accordance with 14 Del.C. §§1201 and 1205(b).
1.2 The Council of Chief State School Officers’ (CCSSO) Interstate Teacher Assessment and Support Consortium (InTASC) Model Core Teaching Standards outline what educators should know and be able to do to ensure every K-12 student reaches the goal of being ready to enter college or the workforce in today’s world.
1.3 In accordance with 14 Del.C. §§1201 and 1205 (b), the InTASC Model Core Teaching Standards (CCSSO, 2011) are hereby incorporated by reference and adopted as Delaware's Professional Teaching Standards. InTASC Model Core Teaching Standards outline the common principles and foundations of teaching practice that cut across all subject areas and grade levels and that are necessary to improve student achievement.
1.4 An overview of the Standards are set forth within. In-depth descriptions, contextual explanations, examples and more specific criteria and guidance is provided in the complete set of standards as published in the InTASC Model Core Teaching Standards (CCSSO, 2011).
2.0 Learner Development
The teacher understands how learners grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences.
3.0 Learning Differences
The teacher uses understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments that enable each learner to meet high standards.
4.0 Learning Environments
The teacher works with others to create environments that support individual and collaborative learning, and that encourage positive social interaction, active engagement in learning, and self motivation.
5.0 Content Knowledge
The teacher understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches and creates learning experiences that make the discipline accessible and meaningful for learners to assure mastery of the content.
6.0 Application of Content
The teacher understands how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues.
7.0 Assessment
The teacher understands and uses multiple methods of assessment to engage learners in their own growth, to monitor learner progress, and to guide the teacher's and learner's decision making.
8.0 Planning for Instruction
The teacher plans instruction that supports every student in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross disciplinary skills, and pedagogy, as well as knowledge of learners and the community context.
9.0 Instructional Strategies
The teacher understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to apply knowledge in meaningful ways.
10.0 Professional Learning and Ethical Practice
The teacher engages in ongoing professional learning and uses evidence to continually evaluate his/her practice, particularly the effects of his/her choices and actions on others (learners, families, other professionals, and the community), and adapts practice to meet the needs of each learner.
11.0 Leadership and Collaboration
The teacher seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals, and community members to ensure learner growth, and to advance the profession.
7 DE Reg. 75 (7/1/03)
Renumbered effective 6/1/07 (see Conversion Table)
12 DE Reg. 1208 (03/01/09)
16 DE Reg. 70 (07/01/12)
### **1598** Delaware Professional Development Standards (Repealed)
##### **14 Del. Admin. Code § 1598** Delaware Professional Development Standards (Repealed) {#sec-1598 omnilex-key=us-de-regs-official--title-14--1598}
This regulation was repealed, effective October 11, 2024.
**History**
- *15 DE Reg. 77 (07/01/11)*
- *15 DE Reg. 1599 (05/01/12)*
- *28 DE Reg. 310 (10/01/24)*
### **1599** Delaware Educational Technology Standards
##### **14 Del. Admin. Code § 1599** Delaware Educational Technology Standards {#sec-1599 omnilex-key=us-de-regs-official--title-14--1599}
Non-regulatory note: Approval of Teacher Education programs is governed by 14 DE Admin. Code 290 Approval of Educator Preparation Programs. Teacher evaluations are governed by 14 DE Admin. Code 106A Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised.
**History**
- *18 DE Reg. 224 (09/01/14)*
##### **14 Del. Admin. Code § 1599-1.0** Content {#sec-1599-1.0 omnilex-key=us-de-regs-official--title-14--1599-1.0}
1.1 The International Society for Technology in Education (ISTE) developed The National Educational Technology Standards (NETS©) as standards for learning, teaching, and leading in the digital age.
1.2 In accordance with 14 Del.C. §1205(b), the NETS© are hereby incorporated by reference and adopted as Delaware's Educational Technology Standards. NETS© shall serve as the foundation for professional development, instructional practice or leadership, for all Delaware educators, and as indicators that guide the learning, teaching, and leading with technology in education. The standards make explicit the skills and knowledge needed in an increasingly connected global and digital society.
1.3 A summary of the standards is set forth within. In-depth descriptions, contextual explanations, examples and more specific criteria and guidance are provided in the complete set of standards as published in National Education Technology Standards© (iste.org/nets, 2012). Although the excerpts from the standards use the terms "Educational Administrators" and "Teachers" the standards are applicable to all educators including specialists and paraeducators as appropriate within the context of their specific assignments.
**History**
- *18 DE Reg. 224 (09/01/14)*
##### **14 Del. Admin. Code § 1599-2.0** Delaware Educational Technology Standards for Leaders {#sec-1599-2.0 omnilex-key=us-de-regs-official--title-14--1599-2.0}
2.1 The standards for evaluating the skills and knowledge school administrators and leaders need to support digital age learning, implement technology, and transform the instruction landscape.
2.2 Visionary Leadership
2.2.1 Educational Administrators inspire and lead development and implementation of a shared vision for comprehensive integration of technology to promote excellence and support transformation throughout the organization in the following ways:
2.2.1.1 Inspire and facilitate among all stakeholders a shared vision of purposeful change that maximizes use of digital-age resources to meet and exceed learning goals, support effective instructional practice, and maximize performance of district and school leaders;
2.2.1.2 Engage in an ongoing process to develop, implement, and communicate technology-infused strategic plans aligned with a shared vision;
2.2.1.3 Advocate on local, state and national levels for policies, programs, and funding to support implementation of a technology-infused vision and strategic plan.
2.3 Digital Age Learning Culture
Educational Administrators create, promote, and sustain a dynamic, digital-age learning culture that provides a rigorous, relevant, and engaging education for all students.
2.4 Excellence in Professional Practice
Educational Administrators promote an environment of professional learning and innovation that empowers educators to enhance student learning through the infusion of contemporary technologies and digital resources.
2.5 Systemic Improvement
Educational Administrators provide digital age leadership and management to continuously improve the organization through the effective use of information and technology resources.
2.6 Digital Citizenship
Educational Administrators model and facilitate understanding of social, ethical and legal issues and responsibilities related to an evolving digital culture.
**History**
- *18 DE Reg. 224 (09/01/14)*
##### **14 Del. Admin. Code § 1599-3.0** Delaware Educational Technology Standards for Teachers {#sec-1599-3.0 omnilex-key=us-de-regs-official--title-14--1599-3.0}
3.1 The standards define the skills and knowledge educators need to teach, work, and learn in an increasingly connected global and digital society. Effective teachers model and apply the NETS-S© as they design, implement, and assess learning experiences to engage students and improve learning; enrich professional practice; and provide positive models for students, colleagues, and the community. All teachers should meet the following standards and performance indicators.
3.1.1 Facilitate and Inspire Student Learning and Creativity
3.1.1.1 Teachers use their knowledge of subject matter, teaching and learning, and technology to facilitate experiences that advance student learning, creativity, and innovation in both face-to-face and virtual environments.
3.1.2 Design and Develop Digital Age Learning Experiences and Assessments
3.1.2.1 Experiences and Assessments-Teachers design, develop, and evaluate authentic learning experiences and assessment incorporating contemporary tools and resources to maximize content learning in context and to develop the knowledge, skills, and attitudes identified in the NETS©.
3.1.3 Model Digital Age Work and Learning
3.1.3.1 Teachers exhibit knowledge, skills, and work processes representative of an innovative professional in a global and digital society.
3.1.4 Promote and Model Digital Citizenship and Responsibility
3.1.4.1 Teachers understand local and global societal issues and responsibilities in an evolving digital culture and exhibit legal and ethical behavior in their professional practices.
3.1.5 Engage in Professional Growth and Leadership
3.1.5.1 Teachers continuously improve their professional practice, model lifelong learning, and exhibit leadership in their school and professional community by promoting and demonstrating the effective use of digital tools and resources.
**History**
- *18 DE Reg. 224 (09/01/14)*Continue sua pesquisa no ChatGPT ou Claude
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