Cumulative Tables............................................................................................................................ ............ 858 

PROPOSED 

DEPARTMENT OF AGRICULTURE 

Harness Racing Commission 

501 Harness Racing Rules and Regulations, Section 9.0 Pari-Mutuel Wagering................. ............ 864 

DEPARTMENT OF EDUCATION 

Office of the Secretary 

220 Diversity......................................................................................................................... ............ 894 

240 Recruiting and Training of Professional Educators for Critical Curricular Areas............ ............ 895 

Professional Standards Board 

1580 School Library Media Specialist................................................................................... ............ 901 

1597 Delaware Professional Teaching Standards................................................................ ............ 904 

DEPARTMENT OF HEALTH AND SOCIAL SERVICES 

Division of Public Health 

4202 Control of Communicable and Other Disease Conditions............................................ ............ 913 

Division of Social Services 

DSSM: 9029 Household Cooperation................................................................................... ............ 918 

DEPARTMENT OF INSURANCE 

804 Workers’ Compensation Provision of Services Contracts..................................................... ............ 920 

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL 

Division of Air and Waste Management 

1141 Limiting Emissions of Volatile Organic Compounds from Consumer and 

Commercial Products, Section 2.0 and 4.0..................................................................... ............ 921 

Division of Fish and Wildlife 

3504 Striped Bass Possession Size Limit; Exceptions.......................................................... ............ 922 

Part VIII, Fire Department and Ambulance Company Administrative Standards, 

Chapter 1 Financial Audit Regulations.................................................................................. ............ 926 

DEPARTMENT OF EDUCATION 

Office of the Secretary 

230 Promotion...................................................................................................................... ............ 932 

505 High School Graduation Requirements and Diplomas................................................... ............ 934 

525 Requirements for Career Technical Education Programs.............................................. ............ 936 

737 Tuition Billing for Special Schools and Special Programs.............................................. ............ 940 

Professional Standards Board 

1502 Professional Growth Salary Increments....................................................................... ............ 942 

1510 Issuance of Initial License............................................................................................ ............ 945 

1559 Skilled and Technical Sciences Teacher...................................................................... ............ 952 





DEPARTMENT OF HEALTH AND SOCIAL SERVICES 

Division of Long Term Care Residents Protection 

3201 Skilled And Intermediate Care Nursing Facilities.......................................................... ............ 960 

DEPARTMENT OF INSURANCE 

803 Workers’ Compensation Data Collection.............................................................................. ............ 973 

1301 Internal Review, Arbitration and Independent Utilization Review of Health Insurance Claims ....... 974 

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL 

Division of Fish and Wildlife 

3203 Seasons And Area Closed To Taking Horseshoe Crabs.............................................. ............ 975 

3214 Horseshoe Crab Annual Harvest Limit......................................................................... ............ 975 

DEPARTMENT OF SAFETY AND HOMELAND SECURITY 

Division of State Police 

2400 Board of Examiners of Constables, Sections 3.0 and 4.0 ........................................... ............ 977 

EXECUTIVE DEPARTMENT 

Economic Development Office 

454 Procedures Governing Delaware Tourism Grant Program............................................. ............ 978 

Delaware Health Care Commission 

102 Delaware Health Information Network Regulations on Participation.............................. ............ 979 

State Employees Benefit Committee 

2001 Group Health Care Insurance Eligibility and Coverage Rules...................................... ............ 986 

Executive Orders: 

Executive Order 109, Amendment to Executive Order Number One Hundred One.................... ............ 1000 

Executive Order 110, Initial Allocation of Additional State Private Activity Bond Volume 

Cap For Calendar Year 2008................................................................................................. ............ 1000 

Executive Order 111, Declaring December 26, 2008 A Holiday.................................................. ............ 1001 

CALENDAR OF EVENTS/HEARING NOTICES 

Dept. of Agriculture, Harness Racing Commission, Notice of Public Hearing.............................. ............ 1002 

State Board of Education, Notice of Monthly Meeting..................................................................... ............ 1002 

Dept. of Health And Social Services, 

Division of Public Health, Notice of Public Hearing and Public Comment Period........ ............ 1002 

Division of Social Services, Notice of Public Comment Period................................................ ............ 1003 

Dept. of Insurance, Notice of Public Comment Period..................................................................... ............ 1004 

Dept. of Natural Resourses and Environmental Control 

Division of Air and Waste Management, Notice of Public Hearing and Comment Period....... ............ 1004 

Division of Fish and Wildlife, Notice of Public Hearing and Comment Period.......................... ............ 1005 





Delaware Health Information Network...................................................................... ..... 12 DE Reg. 540 (Prop.) 

201 Delaware Manufactured Home Relocation Trust Fund Regulations.................. ..... 12 DE Reg. 59 (Final) 

Water Code and Comprehensive Plan to Implement a Revised Water Audit Approach 

to Identify and Control Water Loss.............................................................. ............ 12 DE Reg. 275 (Prop.) 

Water Quality Regulations, Water Code and Comprehensive Plan to Classify the 

Lower Delaware River as Special Protection Waters......................................... ..... 12 DE Reg. 310 (Final) 

501 Regulations of the Delaware Solid Waste Authority........................................... ..... 12 DE Reg. 375 (Prop.) 

Delaware State Fire Prevention Regulations, Part IX, Fire Service Standards ........ ..... 12 DE Reg. 6 (Prop.) 

Part VIII, Fire Department and Ambulance Company Administrative Standards 

Chapter 1........................................................................................................... ..... 12 DE Reg. 278 (Prop.) 

Part IX, Fire Service Standards, Chapter 4, Minimum Requirements of the 

Establishment of Fire Companies and Sub Stations.......................................... ..... 12 DE Reg. 436 (Final) 

301 Violent Crimes Compensation Board Rules and Regulations............................ ..... 12 DE Reg. 546 (Prop.) 

304 Exotic Animal Regulations........................................................................... ..... 12 DE Reg. 388 (Prop.) 

501 Harness Racing Rules and Regulations, 6.0 Type of Races 

 and 8.0 Veterinary Practices, Equine Health Medication............................ ..... 12 DE Reg. 95 (Prop.) 

12 DE Reg. 324 (Final) 

12 DE Reg. 666 (Final) 

501 Harness Racing Rules and Regulations, Section 7.0 Rules of the Race; 

Section 10.0 Due Process and Disciplinary Action...................................... ..... 12 DE Reg. 554 (Prop.) 

1001 Thoroughbred Racing Rules and Regulations, 11.0 Entries, etc............... ..... 12 DE Reg. 394 (Prop.) 

12 DE Reg. 667 (Final) 

1001 Thoroughbred Racing Rules and Regulations, 13.0 Claiming Races....... ..... 12 DE Reg. 201 (Final) 

103 Accountability for Schools, Districts and the State...................................... ..... 12 DE Reg. 202 (Final) 

110 Teachers and Specialists Appraisal Process (Repeal) ............................... ..... 12 DE Reg. 204 (Rep.) 

112 Addendum to Teachers and Specialists Appraisal Process (Repeal).......... ..... 12 DE Reg. 205 (Rep.) 

115 School Level Administrator Appraisal Process (Repeal) ............................ ..... 12 DE Reg. 207 (Rep.) 

230 Promotion.................................................................................................... ..... 12 DE Reg. 556 (Prop.) 





245 Michael C. Ferguson Achievement Awards Scholarship............................ ......12 DE Reg. 398 (Prop.) 

12 DE Reg. 780 (Final) 

255 Definitions of Public School, Private School and Nonpublic School........... ......12 DE Reg. 108 (Prop.) 

12 DE Reg. 668 (Final) 

258 Federal Programs General Complaint Procedures .................................... ......12 DE Reg. 208 (Final) 

275 Charter Schools ......................................................................................... ......12 DE Reg. 211 (Final) 

410 Satellite School Agreements....................................................................... ......12 DE Reg. 61 (Final) 

502 Alignment of Local School District Curricula to the State Content Standards .12 DE Reg. 216 (Final) 

505 High School Graduation Requirements and Diplomas............................... ......12 DE Reg. 401 (Prop.) 

12 DE Reg. 557 (Prop.) 

506 Policies for Dual Enrollment and Awarding Dual Credit.............................. ......12 DE Reg. 110 (Prop.) 

12 DE Reg. 437 (Final) 

525 Requirements for Career Technical Education Programs........................... ......12 DE Reg. 113 (Prop.) 

12 DE Reg. 439 (Final) 

12 DE Reg. 562 (Prop.) 

540 Driver Education......................................................................................... ......12 DE Reg. 281 (Prop.) 

12 DE Reg. 670 (Final) 

603 Compliance with the Gun Free Schools Act............................................... ......12 DE Reg. 9 (Prop.) 

12 DE Reg. 325 (Final) 

605 Student Rights and Responsibilities .......................................................... ......12 DE Reg. 219 (Final) 

608 Unsafe School Choice Option for Students in Persistently Dangerous 

Schools and for Students who have been Victims of a Violent Felony ....... ......12 DE Reg. 62 (Final) 

611 Consortium Discipline Alternative Programs for Treatment of Severe 

Discipline Problems..................................................................................... ......12 DE Reg. 707 (Prop.) 

612 Possession, Use or Distribution of Drugs and Alcohol............................... ......12 DE Reg. 406 (Prop.) 

12 DE Reg. 781 (Final) 

615 School Attendance ..................................................................................... ......12 DE Reg. 221 (Final) 

618 School Safety Audit.................................................................................... ......12 DE Reg. 711 (Prop.) 

620 School Crisis Response Plans.................................................................... ......12 DE Reg. 712 (Prop.) 

621 District and School Emergency Preparedness Policy................................. ......12 DE Reg. 714 (Prop.) 

716 Maintenance of Local School District and Charter School Personnel Records 12 DE Reg. 116 (Prop.) 

12 DE Reg. 443 (Final) 

737 Tuition Billing for Special Schools and Programs....................................... ......12 DE Reg. 566 (Prop.) 

745 Criminal Background Check for Public School Related Employment......... ......12 DE Reg. 11 (Prop.) 

12 DE Reg. 327 (Final) 

746 Criminal Background Check for Student Teaching .................................... ......12 DE Reg. 17 (Prop.) 

12 DE Reg. 329 (Final) 

881 Releasing Students to Persons Other Than Their Parent, Guardian or 

Relative Caregiver....................................................................................... ......12 DE Reg. 222 (Final) 

901 Education of Homeless Children and Youth............................................... ......12 DE Reg. 119 (Prop.) 

12 DE Reg. 444 (Final) 

915 James H. Groves High School ................................................................... ......12 DE Reg. 63 (Final) 

925 Children with Disabilities Subpart D............................................................ ......12 DE Reg. 569 (Prop.) 

1105 School Transportation............................................................................... ......12 DE Reg. 716 (Prop.) 

1502 Professional Growth Salary Increments................................................... ......12 DE Reg. 572 (Prop.) 

1510 Issuance of Initial License......................................................................... ......12 DE Reg. 577 (Prop.) 

1531 Middle Level English Language Arts Teacher........................................... ......12 DE Reg. 332 (Final) 

1532 Middle Level Mathematics Teacher.......................................................... ......12 DE Reg. 333 (Final) 

1533 Middle Level Science Teacher.................................................................. ......12 DE Reg. 335 (Final) 

1534 Middle Level Social Studies Teacher........................................................ ......12 DE Reg. 336 (Final) 

1552 Career and Technical Specialist................................................................ ......12 DE Reg. 338 (Final) 

1559 Trade and Industrial Education Teacher................................................... ......12 DE Reg. 584 (Prop.) 

1561 Bilingual Teacher...................................................................................... ......12 DE Reg. 339 (Final) 

1562 English to Speakers of Other Languages (ESOL) Teacher...................... ......12 DE Reg. 341 (Final) 

1572 Teacher of Students Who Are Gifted and Talented................................... ......12 DE Reg. 409 (Prop.) 





1572 Teacher of Students Who Are Gifted and Talented.................................... ..... 12 DE Reg. 785 (Final) 

DEPARTMENT OF HEALTH AND SOCIAL SERVICES 

2100 Eligibility Criteria........................................................................................ ..... 12 DE Reg. 738 (Prop.) 

3201 Skilled and Intermediate Care Nursing Facilities....................................... ..... 12 DE Reg. 592 (Prop.) 

DSSM: 14900 Enrollment in Managed Care...................................................... ..... 12 DE Reg. 446 (Final) 

17800 Medical Assistance During Transition to Medicare Program...... ..... 12 DE Reg. 270 (Emer) 

12 DE Reg. 284 (Prop.) 

12 DE Reg. 788 (Final) 

17900 Medicaid for Workers with Disabilities........................................ ..... 12 DE Reg. 446 (Final) 

20700.6 Attendant Services Waiver, Repeal of..................................... ..... 12 DE Reg. 740 (Prop.) 

20800 Long Term Care - Acute Care Program (SSI)............................. ..... 12 DE Reg. 123 (Prop.) 

20810 Treatment of Couples in Medical Institutions.............................. ..... 12 DE Reg. 224 (Final) 

Pharmaceutical Services Program - Tamper-Resistant Prescription Pads.. ..... 12 DE Reg. 20 (Prop.) 

12 DE Reg. 342 (Final) 

Title XIX Medicaid State Plan 

Attachment 2.2-A, Page 18.......................................................................... ..... 12 DE Reg. 284 (Prop.) 

12 DE Reg. 788 (Final) 

Attachment 2.2-A, Page 23C....................................................................... ..... 12 DE Reg. 446 (Final) 

Attachment 2.6-A, Pages 12c through 12o.................................................. ..... 12 DE Reg. 446 (Final) 

Attachment 2.6-A, Supplement 6................................................................. ..... 12 DE Reg. 284 (Prop.) 

12 DE Reg. 788 (Final) 

Medicaid Integrity Program, Page 79y (4.43).............................................. ..... 12 DE Reg. 226 (Final) 

School-Based Health Services, Attachment 3.1-A....................................... ..... 12 DE Reg. 228 (Final) 

Third Party Data Exchange.......................................................................... ..... 12 DE Reg. 65 (Final) 

4403 Free Standing Birthing Centers................................................................. ..... 12 DE Reg. 235 (Final) 

4406 Home Health Agencies, Aide Only (Licensure)......................................... ..... 12 DE Reg. 412 (Prop.) 

4410 Skilled Home Health Agencies Licensure.................................................. ..... 12 DE Reg. 412 (Prop.) 

DSSM 1000 Responsibility for the Administration of Delaware’s Assistance 

Programs 12 DE Reg. 126 (Prop.) 

12 DE Reg. 453 (Final) 

1003 Confidentiality............................................................................... ..... 12 DE Reg. 126 (Prop.) 

12 DE Reg. 453 (Final) 

1003.4 Court Appointed Special Advocate............................................ ..... 12 DE Reg. 743 (Prop.) 

3006 TANF Employment and Training Program.................................... ..... 12 DE Reg. 288 (Prop.) 

12 DE Reg. 793 (Final) 

5304.2 Nursing Facility Discharge Notice Hearings.............................. ..... 12 DE Reg. 242 (Final) 

5304.5 Jurisdiction for Hearings over Medicaid Program Services....... ..... 12 DE Reg. 242 (Final) 

9007.1 Citizenship and Alien Status ..................................................... ..... 12 DE Reg. 128 (Prop.) 

12 DE Reg. 455 (Final) 

9044.1 Newly-Certified Households...................................................... ..... 12 DE Reg. 22 (Prop.) 

12 DE Reg. 344 (Final) 

9046 Definition of Resources................................................................ ..... 12 DE Reg. 744 (Prop.) 

9049 Resources Excluded for Food Stamp Purposes........................... ..... 12 DE Reg. 744 (Prop.) 

9060 Income Deductions....................................................................... ..... 12 DE Reg. 135 (Prop.) 

12 DE Reg. 462 (Final) 

9068.1 Certification Period Length........................................................ ..... 12 DE Reg. 135 (Prop.) 

12 DE Reg. 462 (Final) 

9085 Reporting Changes....................................................................... ..... 12 DE Reg. 135 (Prop.) 

12 DE Reg. 462 (Final) 

9093 Electronic Benefit Transfer (EBT)................................................. ..... 12 DE Reg. 751 (Prop.) 





6001 Substance Abuse Facility Licensing Standards.................................. ............12 DE Reg. 464 (Final) 

301 Audited Financial Reports [Formerly Regulation 50]......................................... ......12 DE Reg. 140 (Prop.) 

12 DE Reg. 480 (Final) 

606 Proof of Automobile Insurance.......................................................................... ......12 DE Reg. 23 (Prop.) 

12 DE Reg. 346 (Final) 

803 Workers’ Compensation Data Collection........................................................... ......12 DE Reg. 610 (Prop.) 

1301 Internal Review, Arbitration and Independent Utilization Review of Health 

Insurance Claims............................................................................................... ......12 DE Reg. 611 (Prop.) 

1311 Office of Anti-Discrimination Rules and Regulations................................. ......12 DE Reg. 158 (Prop.) 

12 DE Reg. 797 (Final) 

1341 Workers’ Compensation Regulations....................................................... ......12 DE Reg. 67 (Final) 

1138 Emission Standards for Hazardous Air Pollutants for Source Categories, 

Section 11.................................................................................................... ......12 DE Reg. 38 (Prop.) 

12 DE Reg. 481 (Final) 

Section 9 12 DE Reg. 620 (Prop.) 

1147 CO2 Budget Trading Program................................................................... ......12 DE Reg. 290 (Prop.) 

12 DE Reg. 674 (Prop.) 

1302 Regulations Governing Hazardous Waste................................................ ......12 DE Reg. 413 (Prop.) 

12 DE Reg. 808 (Final) 

Administrative and Non-Substantive Changes in Regulations Governing the 

Control of Air Pollution (State Implementation Plans)................................. ......12 DE Reg. 29 (Prop.) 

12 DE Reg. 347 (Final) 

Division of Fish and Wildlife 

3203 Seasons and Area Closed to Taking Horseshoe Crabs............................ ......12 DE Reg. 423 (Prop.) 

3214 Horseshoe Crab Annual Harvest Limit..................................................... ......12 DE Reg. 423 (Prop.) 

3311 Freshwater Fisherman Registry................................................................ ......12 DE Reg. 167 (Prop.) 

12 DE Reg. 493 (Final) 

3567 Tidal Water Fisherman Registry............................................................... ......12 DE Reg. 167 (Prop.) 

12 DE Reg. 493 (Final) 

3901 Wildlife, Sections 3.0, 5.0, 7.0, 8.0, 20.0 and 21.0 .................................. ......12 DE Reg. 169 (Prop.) 

12 DE Reg. 496 (Final) 

3901 Wildlife, Section 19.0 Bald Eagle Protection (Withdrawn)........................ ......12 DE Reg. 69 (Final) 

7403 Regulations Governing the Pollution Control Strategy for the Indian River, 

Indian River Bay, Rehoboth Bay and Little Assawoman Bay Watersheds.. ......12 DE Reg. 677 (Final) 

7404 Total Maximum Daily Load (TMDL) for Zinc in the Red Clay Creek, DE........12 DE Reg. 425 (Prop.) 

3400 Board of Examiners of Constables, Section 4.0 Employment.................. ......12 DE Reg. 427 (Prop.) 

3400 Board of Examiners of Constables, Sections 3.0 and 4.0........................ ......12 DE Reg. 629 (Prop.) 

103 Family Child Care Homes.... .................................................................. ......12 DE Reg. 810 (Final) 

104 Large Family Child Care Homes................................................................ ......12 DE Reg. 810 (Final) 





300 Board of Architects...................................................................................... ..... 12 DE Reg. 70 (Final) 

400 Gaming Control Board, Regulations 401, 402, 403 and 404....................... ..... 12 DE Reg. 357 (Final) 

500 Board of Podiatry, Licenses (In-Training, Lapse/Renewal, Inactive)........... ..... 12 DE Reg. 817 (Final) 

1400 Board of Electrical Examiners, Sections 1.0 through 3.0, 5.0 through 7.0, 

and 15.0....................................................................................................... ..... 12 DE Reg. 73 (Final) 

2000 Board of Occupational Therapy Practice................................................... ..... 12 DE Reg. 631 (Prop.) 

2500 Board of Pharmacy, Sections 11 and 18................................................... ..... 12 DE Reg. 48 (Prop.) 

2600 Examining Board of Physical Therapists and Athletic Trainers................. ..... 12 DE Reg. 53 (Prop.) 

12 DE Reg. 503 (Final) 

2925 Real Estate Commission, Section 6.0, Program Criteria and Section 8.0, 

Provider Responsibilities.............................................................................. ..... 12 DE Reg. 74 (Final) 

2930 Council on Real Estate Appraisers, Sections 2.0, 4.0 and 11.0................ ..... 12 DE Reg. 753 (Prop.) 

3100 Board of Funeral Services......................................................................... ..... 12 DE Reg. 633 (Prop.) 

3300 Board of Veterinary Medicine.................................................................... ..... 12 DE Reg. 761 (Prop.) 

3500 Board of Examiners of Psychologists, Section 7.0 Supervised Experience ... 12 DE Reg. 636 (Prop.) 

3900 Board of Clinical Social Work Examiners, Section 4.0 Professional 

Supervision.................................................................................................. ..... 12 DE Reg. 775 (Prop.) 

5300 Board of Massage and Bodywork, Sections 1.0, 2.0 and 7.0.................... ..... 12 DE Reg. 75 (Final) 

8800 Boxing and Combative Sports Entertainment............................................ ..... 12 DE Reg. 637 (Prop.) 

Uniform Controlled Substance Act Regulations................................................. ..... 12 DE Reg. 301(Prop.) 

1501 Equal Accommodations Regulations......................................................... ..... 12 DE Reg. 179 (Prop.) 

(Renumbered to 601) 12 DE Reg. 505 (Final) 

1502 Fair Housing Regulations.......................................................................... ..... 12 DE Reg. 179 (Prop.) 

12 DE Reg. 814 (Final) 

2401 Mortgage Loan Originator Licensing......................................................... ..... 12 DE Reg. 430 (Prop.) 

12 DE Reg. 818 (Final) 

3008 Rules and Procedures to Implement the Renewable Energy Portfolio 

Standards Act (Opened August 23, 2005)............................................ ............ 12 DE Reg. 291 (Prop.) 

Docket No. 49: The Creation of a Competitive Market for Real Electric Supply 

Service........................................................................................................ ..... 12 DE Reg. 518 (Final) 

Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline Safety 

Compliance Program................................................................................... ..... 12 DE Reg. 655 (Prop.) 

2101 Freedom of Information Act (FOIA)........................................................... ..... 12 DE Reg. 245 (Final) 

2213 Emergency Vehicle Operators, Age of EVO Permit Holders..................... ..... 12 DE Reg. 777 (Prop.) 

2221 Use of Translators..................................................................................... ..... 12 DE Reg. 77 (Final) 

2222 School Bus Driver Qualifications and Endorsements 12 DE Reg. 196 (Prop.) 

12 DE Reg. 519 (Final) 

Division of Transportation Solutions 

Revisions to the Delaware Manual on Uniform Traffic Control Devices, 

Parts 1, 7, 8, and 9 ...................................................................................... ..... 12 DE Reg. 79 (Final) 

Revisions to the Delaware Manual on Uniform Traffic Control Devices, 

Parts 2, 3 and 6............................................................................................ ..... 12 DE Reg. 56 (Prop.) 

12 DE Reg. 358 (Final) 





454 Procedures Governing Delaware Tourism Grant Program......................... ......12 DE Reg. 661 (Prop.) 

State Employees’ Pension Plan, State Police Pension Plan, State Judiciary 

Pension Plan, County Municipal Employees’ Pension Plan, and County and 

Municipal Police/Firefighter Pension Plan ............................................ ............12 DE Reg. 359 (Final) 





DEPARTMENT OF AGRICULTURE 
HARNESS RACING COMMISSION 
Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C. §10005)\ 

3 DE Admin. Code 501 



501 Harness Racing Rules and Regulations 
9.0 Pari-Mutuel Wagering 

9.1 General Provisions 

9.1.1 General 

Each aAssociation shall conduct wagering in accordance with applicable laws and these rules. 
Such wagering shall employ a pari-mutuel system approved by the Commission. The totalisator 
shall be tested prior to and during the meeting as required by the Commission. 

9.1.2 Records 







The aAssociation shall maintain records of all wagering so the Commission may review such 
records for any contest including the opening line, subsequent odds fluctuation, the amount and at 
which window wagers were placed on any betting interest and such other information as may be 
required. Such wagering records shall be retained by each aAssociation and safeguarded for a 
period of time specified by the Commission. The Commission may require that certain of these 
records be made available to the wagering public at the completion of each contest. 

9.1.3 Pari-Mutuel Tickets Recording of a Wager 

A pari-mutuel ticket is evidence of a contribution to the pari-mutuel pool operated by the 
aAssociation and is evidence of the obligation of the aAssociation to pay to the holder thereof such 
portion of the distributable amount of the pari-mutuel pool as is represented by such valid parimutuel 
ticket. The aAssociation shall cash all valid winning tickets when such are presented for 
payment during the course of the meeting where sold, and for a specified period after the last day 
of the meeting. 

9.1.3.1 To be deemed a valid pari-mutuel ticket, such ticket shall have been issued by a parimutuel 
ticket machine operated by the aAssociation and recorded as a ticket entitled to a 
share of the pari-mutuel pool, and contain imprinted information as to: 

9.1.3.1.1 the name of the aAssociation operating the meeting. 

9.1.3.1.2 a unique identifying number or code. 

9.1.3.1.3 identification of the terminal at which the ticket was issued. 

9.1.3.1.4 a designation of the performance for which the wagering transaction was issued. 

9.1.3.1.5 the contest number for which the pool is conducted. 

9.1.3.1.6 the type or types of wagers represented. 

9.1.3.1.7 the number or numbers representing the betting interests for which the wager is 
recorded. 

9.1.3.1.8 the amount or amounts of the contributions to the pari-mutuel pool or pools for which 
the ticket is evidence. 

9.1.3.2 No pari-mutuel ticket recorded or reported as previously paid, canceled, or nonexistent 
shall be deemed a valid pari-mutuel ticket by the aAssociation. The aAssociation may 
withhold payment and refuse to cash any pari-mutuel ticket deemed not valid. 

9.1.4 Pari-Mutuel Ticket Sales 

9.1.4.1 Pari-mutuel tickets shall not be sold by anyone other than an aAssociation licensed to 
conduct pari-mutuel wagering. 

9.1.4.2 No pari-mutuel ticket may be sold on a contest for which wagering has already been 
closed and no aAssociation shall be responsible for ticket sales entered into but not 
completed by issuance of a ticket before the totalisator is closed for wagering on such 
contest. 

9.1.4.3 Claims pertaining to a mistake on an issued or unissued ticket, or a mistake involving 
failure to issue a ticket, must be made by the bettor prior to leaving the seller's window. 
Cancellation or exchange of tickets issued shall not be permitted after a patron has left a 
seller's window except in accordance with written policies established by the aAssociation 
subject to review by the Commission. 

9.1.4.4 Payment on winning pari-mutuel wagers shall be made on the basis of the order of finish 
as purposely posted and declared "official". Any subsequent change in the order of finish 
or award of purse money as may result from a subsequent ruling by the State Steward 
Presiding Judge, by the judges or by the Commission shall in no way affect the parimutuel 
payoff. If an error in the posted order of finish or payout figures is discovered, the 
official order of finish or payoff prices may be corrected and an announcement concerning 
the change shall be made to the public. 

9.1.4.5 The aAssociation shall have no obligation to enter a wager into a betting pool if unable to 
do so due to equipment failure. 

9.1.5 Advance Performance Wagering 







No aAssociation shall permit wagering to begin more than one hour before scheduled post time of 
the first contest of a performance unless it has first obtained the authorization of the Commission. 

9.1.6 Claims for Payment from Pari-Mutuel Pool 

In the case of a disputed claim made for payment on a pari-mutuel wager, and following receipt of 
a report by the aAssociation regarding the disputed claim, the Commission may adjudicate the 
claim and may order payment thereon from the pari-mutuel pool or by the aAssociation, or may 
deny the claim, or may make such other order as it may deem proper. 

9.1.7 Payment for Errors 

If an error occurs in the payment amounts for pari-mutuel wagers which are cashed or entitled to 
be cashed; and as a result of such error the pari-mutuel pool involved in the error is not correctly 
distributed among winning ticket holders, the following shall apply: 

9.1.7.1 Verification is required to show that the amount of the commission, the amount in 
breakage, and the amount in payoffs is equal to the total gross pool. If the amount of the 
pool is more than the amount used to calculate the payoff, the underpayment shall be 
added to the corresponding pool of the next contest. If underpayments are discovered 
after the close of the meeting, the underpayment shall be held in an interest-bearing 
account approved by the Commission until being added, together with accrued interest, to 
the corresponding pool of the next meet. 

9.1.7.2 In the event the error results in an overpayment to winning wagers, the aAssociation shall 
be responsible for such payment. 

9.1.8 Betting Explanation 

A summary explanation of pari-mutuel wagering and each type of betting pool offered shall be 
available upon request through aAssociation representatives. 

9.1.9 Display of Betting Information 

9.1.9.1 Approximate odds for Win pool betting shall be posted on display devices within view of 
the wagering public and updated at intervals of not more than 90 seconds. 

9.1.9.2 The probable payoff or amounts wagered, in total and on each betting interest, for other 
pools may be displayed to the wagering public at intervals and in a manner approved by 
the Commission. 

9.1.9.3 Official results and payoffs must be displayed upon each contest being declared official. 

9.1.10 Canceled Contests 

If a contest is canceled or declared "no contest", refunds shall be granted on valid wagers in 
accordance with these rules. 

9.1.11 Refunds 

9.1.11.1 Notwithstanding other provisions of these rules, refunds of the entire pool shall be made 
on: 

9.1.11.1.1 Win pools and first-half Double pools offered in contests in which the number of 
betting interests has been reduced to fewer than two (2). 

9.1.11.1.2 Place pools, Exacta pools, Quinella pools, Trifecta pools, first-half Quinella Double 
pools, first-half Twin Quinella pools, first-half Twin Trifecta pools, and first-half 
Tri-Superfecta pools offered in contests in which the number of betting interests has 
been reduced to fewer than three (3). 

9.1.11.1.3 Show pools, Superfecta pools, and first-half Twin Superfecta pools offered in contests 
in which the number of betting interests has been reduced to fewer than four (4). 

9.1.11.2 Authorized refunds shall be paid upon presentation and surrender of the affected parimutuel 
ticket. 

9.1.12 Coupled Entries and Mutuel Fields 

9.1.12.1 Contestants coupled in wagering as a coupled entry or mutuel field shall be considered 
part of a single betting interest for the purpose of price calculations and distribution of 
pools. Should any contestant in a coupled entry or mutuel field be officially withdrawn or 







scratched, the remaining contestants in that coupled entry or mutuel field shall remain 
valid betting interests and no refunds will be granted. If all contestants within a coupled 
entry or mutuel field are scratched, then tickets on such betting interests shall be 
refunded, notwithstanding other provisions of these rules. 

9.1.12.2 For the purpose of price calculations only, coupled entries and mutuel fields shall be 
calculated as a single finisher, using the finishing position of the leading contestant in that 
coupled entry or mutuel field to determine order of placing. This rule shall apply to all 
circumstances, including situations involving a dead heat, except as otherwise provided 
by these rules. 

9.1.13 Pools Dependent Upon Betting Interests 

Unless the State Steward Presiding Judge otherwise determines, at the time the pools are opened 
for wagering, the aAssociation: 

9.1.13.1 may offer win, place, and show wagering on all contests with six (6) or more betting 
interests. 

9.1.13.2 may be allowed to prohibit show wagering on any contest with five (5) or fewer betting 
interests scheduled to start. 

9.1.13.3 may be allowed to prohibit place wagering on any contest with four (4) or fewer betting 
interests scheduled to start. 

9.1.13.4 may be allowed to prohibit Quinella wagering on any contest with three (3) or fewer betting 
interests scheduled to start. 

9.1.13.5 may be allowed to prohibit Quinella Double wagering on any contests with three (3) or 
fewer betting interests scheduled to start. 

9.1.13.6 may be allowed to prohibit Exacta wagering on any contest with three (3) or fewer betting 
interests scheduled to start. 

9.1.13.7 may be allowed to prohibit Trifecta wagering on any contest with seven (7) or fewer betting 
interests scheduled to start. 

9.1.13.8 may be allowed to prohibit Superfecta wagering on any contest with seven (7) or fewer 
betting interests scheduled to start. 

9.1.13.9 may be allowed to prohibit Twin Quinella wagering on any contests with three (3) or fewer 
betting interests scheduled to start. 

9.1.13.10 shall prohibit Twin Trifecta wagering on any contests with seven (7) or fewer betting 
interests scheduled to start. 

9.1.13.11 shall prohibit Tri-Superfecta wagering on any contests with of seven (7) or fewer betting 
interests scheduled to start. 

9.1.13.12 shall prohibit Twin Superfecta wagering on any contests with seven (7) or fewer betting 
interests scheduled to start. 

9.1.13.13 may be allowed to prohibit Show Quinella wagering on any contest with four (4) or fewer 
betting interests scheduled to start. 

9.1.13.14 may drop any entry from wagering. 

9.1.14 Prior Approval Required For Betting Pools 

9.1.14.1 An aAssociation that desires to offer new forms of wagering must apply in writing to the 
Commission and receive written approval prior to implementing the new betting pool. 

9.1.14.2 The aAssociation may suspend previously- approved forms of wagering with the prior 
approval of the Commission. Any carryover shall be held until the suspended form of 
wagering is reinstated. An aAssociation may request approval of a form of wagering or 
separate wagering pool for specific performances. 

9.1.15 Closing of Wagering in a Contest 

9.1.15.1 A Commission representative shall close wagering for each live racing contest after which 
time no pari-mutuel tickets shall be sold for that contest. 







9.1.15.2 The aAssociation shall maintain, in good order, a system approved by the Commission for 
closing wagering. 

9.1.16 Complaints Pertaining to Pari-Mutuel Operations 

When a patron makes a complaint regarding the pari-mutuel department to an aAssociation, the 
aAssociation shall prepare a complaint report, setting out: 

9.1.16.1 the name of the complainant; 

9.1.16.2 the nature of the complaint; 

9.1.16.3 the name of the persons, if any, against whom the complaint was made; 

9.1.16.4 the date of the complaint; 

9.1.16.5 the action taken or proposed to be taken, if any, by the aAssociation. 

9.1.17 Duty to Report Irregularities 

All employees and horsemen shall report any known irregularities or wrong doings by any person 
involving pari-mutuel wagering immediately to the Commission and to the aAssociation, and shall 
cooperate in subsequent investigations. 

9.1.18 Unrestricted Access 

The aAssociation shall permit the Commission unrestricted access at all times to its facilities and 
equipment and to all books, ledgers, accounts, documents and records of the aAssociation that 
relate to pari-mutuel wagering. 

9.1.19 Emergency Situations 

In the event of an emergency in connection with the pari-mutuel department not covered in these 
rules, the pari-mutuel manager representing the aAssociation shall report the problem to the State 
Steward Presiding Judge and the aAssociation and the State Steward Presiding Judge shall 
render a full report to the Commission within 48 hours. 

9.2 Account Wagering [Reserved] 

9.3 Simulcast Wagering 

9.3.1 Duties of Simulcast Host 

9.3.1.1 Every host aAssociation simulcasting its performance, if requested, may contract with an 
authorized receiver for the purpose of providing authorized users its simulcast. 

9.3.1.2 A host aAssociation is responsible for content of the simulcast and shall use all reasonable 
effort to present a simulcast which offers the viewers an exemplary depiction of each 
performance. 

9.3.1.3 Unless otherwise permitted by the Commission, every simulcast will contain in its video 
content a digital display of actual time of day, the name of the host facility from where it 
emanates, the number of the contest being displayed, and any other relevant information 
available to patrons at the host facility. 

9.3.1.4 The host aAssociation shall maintain such security controls including encryption over its 
uplink and communications systems as directed or approved by the Commission. 

9.3.2 Duties of Authorized Receiver 

9.3.2.1 An authorized receiver conducts and operates a pari-mutuel wagering system on the 
results of contests being held or conducted and simulcast from the enclosures of one or 
more host aAssociations and with the approval of the Commission. 

9.3.2.2 An authorized receiver shall provide: 

9.3.2.2.1 adequate transmitting and receiving equipment of acceptable broadcast quality, which 
shall not interfere with the closed circuit TV system of the host aAssociation for 
providing any host facility patron information. 

9.3.2.2.2 pari-mutuel terminals, pari-mutuel odds displays, modems and switching units 
enabling pari-mutuel data transmissions, and data communications between the host 
and guest aAssociations. 







9.3.2.2.3 a voice communication system between each guest association and the host 
association providing timely voice contact among the Commission designees, placing 
judges and pari-mutuel departments. 

9.3.2.3 The guest aAssociation and all authorized receivers shall conduct pari-mutuel wagering 
pursuant to the applicable Commission rules. 

9.3.2.4 The Commission may appoint at least one designee to monitor and inspect as necessary 
all approved simulcast facilities. 

9.3.2.5 Not less than 30 minutes prior to the commencement of transmission of the performance 
of pari-mutuel contests for each day or night, the guest aAssociation shall initiate a test 
program of its transmitter, encryption and decoding, and data communication to assure 
proper operation of the system. 

9.3.2.6 Every authorized receiver shall file with the Commission an annual report of its simulcast 
operations as part of the financial reports required by 4.2.2 of these Rules. 

9.4 Interstate Common Pool Wagering 

9.4.1 General 

9.4.1.1 Participation in interstate common pools shall be approved by the Commission. 

9.4.1.2 Individual wagering transactions are made at the point of sale in the state where placed. 
Pari-mutuel pools are combined for computing odds and calculating payoffs but will be 
held separate for auditing and all other purposes. 

9.4.1.3 Any surcharges or withholdings in addition to the takeout shall only be applied in the 
jurisdiction otherwise imposing such surcharges or withholdings. 

9.4.1.4 In determining whether to approve an interstate common pool which does not include the 
host track or which includes contests from more than one aAssociation, the Commission 
shall consider and may approve use of a bet type which is not utilized at the host track, 
application of a takeout rate not in effect at the host track, or other factors which are 
presented to the Commission. 

9.4.1.5 The content and format of the visual display of racing and wagering information at facilities 
in other jurisdictions where wagering is permitted in the interstate common pool need not 
be identical to the similar information permitted or required to be displayed under these 
rules. 

9.4.2 Guest State Participation in Interstate Common Pools 

9.4.2.1 With the prior approval of the Commission, pari-mutuel wagering pools may be combined 
with corresponding wagering pools in the host state, or with corresponding pools 
established by one or more other jurisdictions. 

9.4.2.2 The Commission may permit adjustment of the takeout from the pari-mutuel pool so that 
the takeout rate in this jurisdiction is identical to that at the host track, or identical to that of 
other jurisdictions participating in the merged pool. 

9.4.2.3 Where takeout rates in the merged pool are not identical, the net price calculation shall be 
the method by which the differing takeout rates are applied. 

9.4.2.4 Rules established in the state of the host aAssociation designated for a pari-mutuel pool 
shall apply. 

9.4.2.5 The Commission shall approve agreements made between the aAssociation and other 
participants in interstate common pools governing the distribution of breakage between 
the jurisdictions. 

9.4.2.6 If, for any reason, it becomes impossible to successfully merge the bets placed into the 
interstate common pool, the aAssociation shall make payoffs in accordance with payoff 
prices that would have been in effect if prices for the pool of bets were calculated without 
regard to wagers placed elsewhere; or, alternatively, the aAssociation may determine to 
either pay winning tickets at the payoff prices at the host track, or declare such accepted 
bets void and make refunds in accordance with the applicable rules. 

9.4.3 Host State Participation in Merged Pools 







9.4.3.1 An aAssociation licensed to conduct pari-mutuel wagering may determine that one or 
more of its contests be utilized for pari- mutuel wagering at guest facilities in other states, 
and may also determine that pari- mutuel pools in guest states be combined with 
corresponding wagering pools established by it as the host track or comparable wagering 
pools established by two or more states. 

9.4.3.2 Rules of racing established for races held in this state shall also apply to interstate 
common pools unless the Commission shall have specifically otherwise determined. 

9.4.3.3 The Commission shall approve agreements made between the aAssociation and other 
participants in interstate common pools governing the distribution of breakage between 
the jurisdictions. 

9.4.3.4 Any contract for interstate common pools entered into by the aAssociation shall contain a 
provision to the effect that if, for any reason, it becomes impossible to successfully merge 
the bets placed in another state into the interstate common pool formed by the 
aAssociation, or if, for any reason, the Commission's or the aAssociation's representative 
determines that attempting to effect transfer of pool data from the guest state may 
endanger the aAssociation's wagering pool, the aAssociation shall have no liability for any 
measures taken which may result in the guest's wagers not being accepted into the pool. 

9.5 Calculation of Payouts and Distribution of Pools 

9.5.1 General 

9.5.1.1 All permitted pari-mutuel wagering pools shall be separately and independently calculated 
and distributed. Takeout shall be deducted from each gross pool as stipulated by law. The 
remainder of the monies in the pool shall constitute the net pool for distribution as payoff 
on winning wagers. 

9.5.1.2 Either the standard or net price calculation procedure may be used to calculate single 
commission pools, while the net price calculation procedure must be used to calculate 
multi-commission pools. 

9.5.1.3 Minimum payout shall be $.05 for each dollar wagered. One half of the odd cents of all 
redistributions to be made on pari-mutuel or totalisator pool contributions exceeding the 
sum equal to the lowest multiple of 10, such odd cents to be calculated on the basis of 
each dollar wagered. 

9.5.1.4 The individual pools outlined in these rules may be given alternative names by each 
aAssociation, provided prior approval is obtained from the Commission. 

9.5.2 Win Pools 

9.5.2.1 The amount wagered on the betting interest which finishes first is deducted from the net 
pool, the balance remaining being the profit; the profit is divided by the amount wagered 
on the betting interest finishing first, such quotient being the profit per dollar wagered to 
Win on that betting interest. 

9.5.2.2 The net Win pool shall be distributed as a single price pool to winning wagers in the 
following precedence, based upon the official order of finish: 

9.5.2.2.1 To those whose selection finished first; but if there are no such wagers, then 

9.5.2.2.2 To those whose selection finished second; but if there are no such wagers, then 

9.5.2.2.3 To those whose selection finished third; but if there are no such wagers, then 

9.5.2.2.4 The entire pool shall be refunded on Win wagers for that contest. 

9.5.2.3 If there is a dead heat for first involving: 

9.5.2.3.1 contestants representing the same betting interest, the Win pool shall be distributed 
as if no dead heat occurred. 

9.5.2.3.2 contestants representing two or more betting interests, the Win pool shall be 
distributed as a profit split. 

9.5.3 Place Pools 







9.5.3.1 The amounts wagered to Place on the first two betting interests to finish are deducted from 
the net pool, the balance remaining being the profit; the profit is divided into two equal 
portions, one being assigned to each winning betting interest and divided by the amount 
wagered to Place on that betting interest, the resulting quotient is the profit per dollar 
wagered to Place on that betting interest. 

9.5.3.2 The net Place pool shall be distributed to winning wagers in the following precedence, 
based upon the official order of finish: 

9.5.3.2.1 If contestants of a coupled entry or mutuel field finished in the first two places, as a 
single price pool to those who selected the coupled entry or mutuel field; otherwise 

9.5.3.2.2 As a profit split to those whose selection is included within the first two finishers; but if 
there are no such wagers on one of those two finishers, then 

9.5.3.2.3 As a single price pool to those who selected the one covered betting interest included 
within the first two finishers; but if there are no such wagers, then 

9.5.3.2.4 As a single price pool to those who selected the third-place finisher; but if there are no 
such wagers, then 

9.5.3.2.5 The entire pool shall be refunded on Place wagers for that contest. 

9.5.3.3 If there is a dead heat for first involving: 

9.5.3.3.1 contestants representing the same betting interest, the Place pool shall be distributed 
as a single price pool. 

9.5.3.3.2 contestants representing two or more betting interests, the Place pool shall be 
distributed as a profit split. 

9.5.3.4 If there is a dead heat for second involving: 

9.5.3.4.1 contestants representing the same betting interest, the Place pool shall be distributed 
as if no dead heat occurred. 

9.5.3.4.2 contestants representing two or more betting interests, the Place pool is divided with 
one-half (1/2) of the pro-fit distributed to Place wagers on the betting interest finishing 
first and the remainder is distributed equally amongst Place wagers on those betting 
interests involved in the dead heat for second. 

9.5.4 Show Pools 

9.5.4.1 The amounts wagered to Show on the first three betting interests to finish are deducted 
from the net pool, the balance remaining being the profit; the profit is divided into three 
equal portions, one being assigned to each winning betting interest and divided by the 
amount wagered to Show on that betting interest, the resulting quotient being the profit per 
dollar wagered to Show on that betting interest. The net Show pool shall be distributed to 
winning wagers in the following precedence, based upon the official order of finish: 

9.5.4.1.1 If contestants of a coupled entry or mutuel field finished in the first three places, as a 
single price pool to those who selected the coupled entry or mutuel field; otherwise 

9.5.4.1.2 If contestants of a coupled entry or mutuel field finished as two of the first three 
finishers, the profit is divided with two-thirds (2/3) distributed to those who selected the 
coupled entry or mutuel field and one-third (1/3) distributed to those who selected the 
other betting interest included within the first three finishers; otherwise 

9.5.4.1.3 As a profit split to those whose selection is included within the first three finishers; but 
if there are no such wagers on one of those three finishers, then 

9.5.4.1.4 As a profit split to those who selected one of the two covered betting interests included 
within the first three finishers; but if there are no such wagers on two of those three 
finishers, then 

9.5.4.1.5 As a single price pool to those who selected the one covered betting interest included 
within the first three finishers; but if there are no such wagers, then 

9.5.4.1.6 As a single price pool to those who selected the fourth-place finisher; but if there are 
no such wagers, then 







9.5.4.1.7 The entire pool shall be refunded on Show wagers for that contest. 

9.5.4.2 If there is a dead heat for first involving: 

9.5.4.2.1 two contestants representing the same betting interest, the profit is divided with 
two-thirds (2/3) distributed to those who selected the first-place finishers and one-third 
(1/3) distributed to those who selected the betting interest finishing third. 

9.5.4.2.2 three contestants representing a single betting interest, the Show pool shall be 
distributed as a single price pool. 

9.5.4.2.3 contestants representing two or more betting interests, the Show pool shall be 
distributed as a profit split. 

9.5.4.3 If there is a dead heat for second involving: 

9.5.4.3.1 contestants representing the same betting interest, the profit is divided with one-third 
(1/3) distributed to those who selected the betting interest finishing first and two-thirds 
(2/3) distributed to those who selected the second-place finishers. 

9.5.4.3.2 contestants representing two betting interests, the Show pool shall be distributed as a 
profit split. 

9.5.4.3.3 contestants representing three betting interests, the Show pool is divided with 
one-third (1/3) of the profit distributed to Show wagers on the betting interest finishing 
first and the remainder is distributed equally amongst Show wagers on those betting 
interests involved in the dead heat for second. 

9.5.4.4 If there is a dead heat for third involving: 

9.5.4.4.1 contestants representing the same betting interest, the Show pool shall be distributed 
as if no dead heat occurred. 

9.5.4.4.2 contestants representing two or more betting interests, the Show pool is divided with 
two-thirds (2/3) of the profit distributed to Show wagers on the betting interests 
finishing first and second and the remainder is distributed equally amongst Show 
wagers on those betting interests involved in the dead heat for third. 

9.5.5 Double Pools 

9.5.5.1 The Double requires selection of the first-place finisher in each of two specified contests. 

9.5.5.2 The net Double pool shall be distributed to winning wagers in the following precedence, 
based upon the official order of finish: 

9.5.5.2.1 As a single price pool to those whose selection finished first in each of the two 
contests; but if there are no such wagers, then 

9.5.5.2.2 As a profit split to those who selected the first-place finisher in either of the two 
contests; but if there are no such wagers, then 

9.5.5.2.3 As a single price pool to those who selected the one covered first-place finisher in 
either contest; but if there are no such wagers, then 

9.5.5.2.4 As a single price pool to those whose selection finished second in each of the two 
contests; but if there are no such wagers, then 

9.5.5.2.5 The entire pool shall be refunded on Double wagers for those contests. 

9.5.5.3 If there is a dead heat for first in either of the two contests involving: 

9.5.5.3.1 contestants representing the same betting interest, the Double pool shall be 
distributed as if no dead heat occurred. 

9.5.5.3.2 contestants representing two or more betting interests, the Double pool shall be 
distributed as a profit split if there is more than one covered winning combination. 

9.5.5.4 Should a betting interest in the first-half of the Double be scratched prior to the first Double 
contest being declared official, all money wagered on combinations including the 
scratched betting interest shall be deducted from the Double pool and refunded. 

9.5.5.5 Should a betting interest in the second-half of the Double be scratched prior to the close of 
wagering on the first Double contest, all money wagered on combinations including the 
scratched betting interest shall be deducted from the Double pool and refunded. 







9.5.5.6 Should a betting interest in the second-half of the Double be scratched after the close of 
wagering on the first Double contest, all wagers combining the winner of the first contest 
with the scratched betting interest in the second contest shall be allocated a consolation 
payoff. In calculating the consolation payoff the net Double pool shall be divided by the 
total amount wagered on the winner of the first contest and an unbroken consolation price 
obtained. The broken consolation price is multiplied by the dollar value of wagers on the 
winner of the first contest combined with the scratched betting interest to obtain the 
consolation payoff. Breakage is not declared in this calculation. The consolation payoff is 
deducted from the net Double pool before calculation and distribution of the winning 
Double payoff. Dead heats including separate betting interests in the first contest shall 
result in a consolation payoff calculated as a profit split. 

9.5.5.7 If either of the Double contests are canceled prior to the first Double contest, or the first 
Double contest is declared "no contest", the entire Double pool shall be refunded on 
Double wagers for those contests. 

9.5.5.8 If the second Double contest is canceled or declared "no contest" after the conclusion of 
the first Double contest, the net Double pool shall be distributed as a single price pool to 
wagers selecting the winner of the first Double contest. In the event of a dead heat 
involving separate betting interests, the net Double pool shall be distributed as a profit 
split. 

9.5.6 Pick Three Pools 

9.5.6.1 The Pick Three requires selection of the first-place finisher in each of three specified 
contests. 

9.5.6.2 The net Pick Three pool shall be distributed to winning wagers in the following 
precedence, based upon the official order of finish: 

9.5.6.2.1 As a single price pool to those whose selection finished first in each of the three 
contests; but if there are no such wagers, then 

9.5.6.2.2 As a single price pool to those who selected the first-place finisher in any two of the 
three contests; but if there are no such wagers, then 

9.5.6.2.3 As a single price pool to those who selected the first-place finisher in any one of the 
three contests; but if there are no such wagers, then 

9.5.6.2.4 The entire pool shall be refunded on Pick Three wagers for those contests. 

9.5.6.3 If there is a dead heat for first in any of the three contests involving: 

9.5.6.3.1 contestants representing the same betting interest, the Pick Three pool shall be 
distributed as if no dead heat occurred. 

9.5.6.3.2 contestants representing two or more betting interests, the Pick Three pool shall be 
distributed as a single price pool with each winning wager receiving an equal share of 
the profit. 

9.5.6.4 Should a betting interest in any of the three Pick Three contests be scratched, the actual 
favorite, as evidenced by total amounts wagered in the Win pool at the close of wagering 
on that contest, shall be substituted for the scratched betting interest for all purposes, 
including pool calculations. In the event that the Win pool total for two or more favorites is 
identical, the substitute selection shall be the betting interest with the lowest program 
number. The totalisator shall produce reports showing each of the wagering combinations 
with substituted betting interests which became winners as a result of the substitution, in 
addition to the normal winning combination. 

9.5.6.5 If all three Pick Three contests are canceled or declared "no contest", the entire pool shall 
be refunded on Pick Three wagers for those contests. 

9.5.6.6 If one or two of the Pick Three contests are canceled or declared "no contest", the Pick 
Three pool will remain valid and shall be distributed in accordance with 9.5.6.2 of this rule. 

9.5.7 Pick (n) Pools 







9.5.7.1 The Pick (n) requires selection of the first-place finisher in each of a designated number of 
contests. The aAssociation must obtain written approval from the Commission concerning 
the scheduling of Pick (n) contests, the designation of one of the methods prescribed in 
Part (2), and the amount of any cap to be set on the carryover. Any changes to the 
approved Pick (n) format require prior approval from the Commission. 

9.5.7.2 The Pick (n) pool shall be apportioned under one of the following methods: 

9.5.7.2.1 Method 1, Pick (n) with Carryover: The net Pick (n) pool and carryover, if any, shall be 
distributed as a single price pool to those who selected the first-place finisher in each 
of the Pick (n) contests, based upon the official order of finish. If there are no such 
wagers, then a designated percentage of the net pool shall be distributed as a single 
price pool to those who selected the first-place finisher in the greatest number of Pick 
(n) contests; and the remainder shall be added to the carryover. 

9.5.7.2.2 Method 2, Pick (n) with Minor Pool and Carryover: The major share of the net Pick (n) 
pool and the carryover, if any, shall be distributed to those who selected the first-place 
finisher in each of the Pick (n) contests, based upon the official order of finish. The 
minor share of the net Pick (n) pool shall be distributed to those who selected the 
first-place finisher in the second greatest number of Pick (n) contests, based upon the 
official order of finish. If there are no wagers selecting the first-place finisher of all Pick 
(n) contests, the minor share of the net Pick (n) pool shall be distributed as a single 
price pool to those who selected the first-place finisher in the greatest number of Pick 
(n) contests; and the major share shall be added to the carryover. 

9.5.7.2.3 Method 3, Pick (n) with No Minor Pool and No Carryover: The net Pick (n) pool shall 
be distributed as a single price pool to those who selected the first-place finisher in the 
greatest number of Pick (n) contests, based upon the official order of finish. If there 
are no winning wagers, the pool is refunded. 

9.5.7.2.4 Method 4, Pick (n) with Minor Pool and No Carryover: The major share of the net Pick 
(n) pool shall be distributed to those who selected the first place finisher in the 
greatest number of Pick (n) contests, based upon the official order of finish. The 
minor share of the net Pick (n) pool shall be distributed to those who selected the 
first-place finisher in the second greatest number of Pick (n) contests, based upon the 
official order of finish. If there are no wagers selecting the first-place finisher in a 
second greatest number of Pick (n) contests, the minor share of the net Pick (n) pool 
shall be combined with the major share for distribution as a single price pool to those 
who selected the first-place finisher in the greatest number of Pick (n) contests. If the 
greatest number of first-place finishers selected is one (1), the major and minor shares 
are combined for distribution as a single price pool. If there are no winning wagers, 
the pool is refunded. 

9.5.7.2.5 Method 5, Pick (n) with Minor Pool and No Carryover: The major share of net Pick (n) 
pool shall be distributed to those who selected the first-place finisher in each of the 
Pick (n) contests, based upon the official order of finish. The minor share of the net 
Pick (n) pool shall be distributed to those who selected the first-place finisher in the 
second greatest number of Pick (n) contests, based upon the official order of finish. If 
there are no wagers selecting the first-place finisher in all Pick (n) contests, the entire 
net Pick (n) pool shall be distributed as a single price pool to those who selected the 
first-place finisher in the greatest number of Pick (n) contests. If there are no wagers 
selecting the first-place finisher in a second greatest number of Pick (n) contests, the 
minor share of the net Pick (n) pool shall be combined with the major share for 
distribution as a single price pool to those who selected the first-place finisher in each 
of the Pick (n) contests. If there are no winning wagers, the pool is refunded. 

9.5.7.2.6 Method 6, Pick (n) with Minor Pool, Jackpot Pool, Major Carryover and Jackpot 
Carryover: Predetermined percentages of the net Pick (n) pool shall be set aside as a 
Major pool, Minor pool and Jackpot pool. The Major share of the net Pick (n) pool and 
the Major carry-over, if any, shall be distributed to those who selected the first-place 







finisher of each of the Pick (n) contests, based on the official order of finish. If there 
are no tickets selecting the first-place finisher in each of the Pick (n) contests, the 
Major net pool shall be added to the Major carry-over. If there is only one single ticket 
selecting the first-place finisher of each of the Pick (n) contests, based on the official 
order of finish, the Jackpot share of the net Pick (n) pool and the Jackpot carryover, if 
any, shall be distributed to the holder of that single ticket, along with the Major net pool 
and the Major carryover, if any. If more than one ticket selects the first-place finisher of 
each of the Pick (n) contests the Jackpot net pool shall be added to the Jackpot 
carryover. The Minor share of the net Pick (n) pool shall be distributed to those who 
selected the first-place finisher of the second greatest number of Pick (n) contests, 
based on the official order of finish. If there are no wagers selecting the first-place 
finisher of all Pick (n) contests, the Minor net pool of the Pick (n) pool shall be 
distributed as a single price pool to those who selected the first-place finisher of the 
greatest number of Pick (n) contests. 

9.5.7.3 If there is a dead heat for first in any of the Pick (n) contests involving: 

9.5.7.3.1 contestants representing the same betting interest, the Pick (n) pool shall be 
distributed as if no dead heat occurred. 

9.5.7.3.2 contestants representing two or more betting interests, the Pick (n) pool shall be 
distributed as a single price pool with each winning wager receiving an equal share of 
the profit. 

9.5.7.4 Should a betting interest in any of the Pick (n) contests be scratched, the actual favorite, 
as evidenced by total amounts wagered in the Win pool at the host aAssociation for the 
contest at the close of wagering on that contest, shall be substituted for the scratched 
betting interest for all purposes, including pool calculations. In the event that the Win pool 
total for two or more favorites is identical, the substitute selection shall be the betting 
interest with the lowest program number. The totalisator shall produce reports showing 
each of the wagering combinations with substituted betting interests which became 
winners as a result of the substitution, in addition to the normal winning combination. 

9.5.7.5 The Pick (n) pool shall be canceled and all Pick (n) wagers for the individual performance 
shall be refunded if: 

9.5.7.5.1 at least two contests included as part of a Pick 3 are canceled or declared "no 
contest." 

9.5.7.5.2 at least three contests included as part of a Pick 4, Pick 5 or Pick 6 are canceled or 
declared "no contest." 

9.5.7.5.3 at least four contests included as part of a Pick 7, Pick 8 or Pick 9 are canceled or 
declared "no contest." 

9.5.7.5.4 at least five contests included as part of a Pick 10 are canceled or declared "no 
contest." 

9.5.7.6 If at least one contest included as part of a Pick (n) is canceled or declared "no contest", 
but not more than the number specified in subsection 5 of this rule, the net pool shall be 
distributed as a single price pool to those whose selection finished first in the greatest 
number of Pick (n) contests for that performance. Such distribution shall include the 
portion ordinarily retained for the Pick (n) carryover but not the carryover from previous 
performances. 

9.5.7.7 The Pick (n) carryover may be capped at a designated level approved by the Commission 
so that if, at the close of any performance, the amount in the Pick (n) carryover equals or 
exceeds the designated cap, the Pick (n) carryover will be frozen until it is won or 
distributed under other provisions of this rule. After the Pick (n) carryover is frozen, 100 
percent of the net pool, part of which ordinarily would be added to the Pick (n) carryover, 
shall be distributed to those whose selection finished first in the greatest number of Pick 
(n) contests for that performance. 







9.5.7.8 A written request for permission to distribute the Pick (n) carryover on a specific 
performance may be submitted to the Commission. The request must contain justification 
for the distribution, an explanation of the benefit to be derived, and the intended date and 
performance for the distribution. 

9.5.7.9 Should the Pick (n) carryover be designated for distribution on a specified date and 
performance in which there are no wagers selecting the first-place finisher in each of the 
Pick (n) contests, the entire pool shall be distributed as a single price pool to those whose 
selection finished first in the greatest number of Pick (n) contests. The Pick (n) carryover 
shall be designated for distribution on a specified date and performance only under the 
following circumstances: 

9.5.7.9.1 Upon written approval from the Commission as provided in 9.5.7.8 of this rule. 

9.5.7.9.2 Upon written approval from the Commission when there is a change in the carryover 
cap, a change from one type of Pick (n) wagering to another, or when the Pick (n) is 
discontinued. 

9.5.7.9.3 On the closing performance of the meet or split meet. 

9.5.7.10 If, for any reason, the Pick (n) carryover must be held over to the corresponding Pick (n) 
pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account 
approved by the Commission. The Pick (n) carryover plus accrued interest shall then be 
added to the net Pick (n) pool of the following meet on a date and performance so 
designated by the Commission. 

9.5.7.11 With the written approval of the Commission, the aAssociation may contribute to the Pick 
(n) carryover a sum of money up to the amount of any designated cap. 

9.5.7.12 Providing information to any person regarding covered combinations, amounts wagered 
on specific combinations, number of tickets sold, or number of live tickets remaining is 
strictly prohibited. This shall not prohibit necessary communication between totalisator 
and pari-mutuel department employees for processing of pool data. 

9.5.7.13 The aAssociation may suspend previously- approved Pick (n) wagering with the prior 
approval of the Commission. Any carryover shall be held until the suspended Pick (n) 
wagering is reinstated. An aAssociation may request approval of a Pick (n) wager or 
separate wagering pool for specific performances. 

9.5.8 Place Pick (n) Pools 

9.5.8.1 The Place Pick (n) requires selection of the first or second-place finisher in each of a 
designated number of contests. The aAssociation must obtain written approval from the 
Commission concerning the scheduling of Place Pick (n) contests, the designation of one 
of the methods prescribed in Part (2), the distinctive name identifying the pool and the 
amount of any cap to be set on the carryover. Any changes to the approved Place Pick (n) 
format require prior approval from the Commission. 

9.5.8.2 The Place Pick (n) pool shall be apportioned under one of the following methods: 

9.5.8.2.1 Method 1, Place Pick (n) with Carryover: The net Place Pick (n) pool and carryover, if 
any, shall be distributed as a single price pool to those who selected the first or 
second-place finisher in each of the Place Pick (n) contests, based upon the official 
order of finish. If there are no such wagers, then a designated percentage of the net 
pool shall be distributed as a single price pool to those who selected the first or 
second-place finisher in the greatest number of Place Pick (n) contests; and the 
remainder shall be added to the carryover. 

9.5.8.2.2 Method 2, Place Pick (n) with Minor Pool and Carryover: The major share of the net 
Place Pick (n) pool and the carryover, if any, shall be distributed to those who selected 
the first or second-place finisher in each of the Place Pick (n) contests, based upon 
the official order of finish. The minor share of the net Place Pick (n) pool shall be 
distributed to those who selected the first or second-place finisher in the second 
greatest number of Place Pick (n) contests, based upon the official order of finish. If 
there are no wagers selecting the first or second-place finisher of all Place Pick (n) 







contests, the minor share of the net Place Pick (n) pool shall be distributed as a single 
price pool to those who selected the first or second-place finisher in the greatest 
number of Place Pick (n) contests; and the major share shall be added to the 
carryover. 

9.5.8.2.3 Method 3, Place Pick (n) with No Minor Pool and No Carryover: The net Place Pick 
(n) pool shall be distributed as a single price pool to those who selected the first or 
second-place finisher in the greatest number of Place Pick (n) contests, based upon 
the official order of finish. If there are no winning wagers, the pool is refunded. 

9.5.8.2.4 Method 4, Place Pick (n) with Minor Pool and No Carryover: The major share of the 
net Place Pick (n) pool shall be distributed to those who selected the first or 
second-place finisher in the greatest number of Place Pick (n) contests, based upon 
the official order of finish. The minor share of the net Place Pick (n) pool shall be 
distributed to those who selected the first or second-place finisher in the second 
greatest number of Place Pick (n) contests, based upon the official order of finish. If 
there are no wagers selecting the first or second-place finisher in a second greatest 
number of Place Pick (n) contests, the minor share of the net Place Pick (n) pool shall 
be combined with the major share for distribution as a single price pool to those who 
selected the first or second-place finisher in the greatest number of Place Pick (n) 
contests. If the greatest number of first or second-place finishers selected is one (1), 
the major and minor shares are combined for distribution as a single price pool. If 
there are no winning wagers, the pool is refunded. 

9.5.8.2.5 Method 5, Place Pick (n) with Minor Pool and No Carryover: The major share of net 
Place Pick (n) pool shall be distributed to those who selected the first or second-place 
finisher in each of the Place Pick (n) contests, based upon the official order of finish. 
The minor share of the net Place Pick (n) pool shall be distributed to those who 
selected the first or second-place finisher in the second greatest number of Place Pick 
(n) contests, based upon the official order of finish. If there are no wagers selecting 
the first or second-place finisher in all Place Pick (n) contests, the entire net Place 
Pick (n) pool shall be distributed as a single price pool to those who selected the first 
or second-place finisher in the greatest number of Place Pick (n) contests. If there are 
no wagers selecting the first or second-place finisher in a second greatest number of 
Place Pick (n) contests, the minor share of the net Place Pick (n) pool shall be 
combined with the major share for distribution as a single price pool to those who 
selected the first or second-place finisher in each of the Place Pick (n) contests. If 
there are no winning wagers, the pool is refunded. 

9.5.8.3 If there is a dead heat for first in any of the Place Pick (n) contests involving: 

9.5.8.3.1 contestants representing the same betting interest, the Place Pick (n) pool shall be 
distributed as if no dead heat occurred. 

9.5.8.3.2 contestants representing two or more betting interests, the Place Pick (n) pool shall be 
distributed as a single price pool with a winning wager including each betting interest 
participating in the dead heat. 

9.5.8.4 If there is a dead heat for second in any of the Place Pick (n) contests involving: 

9.5.8.4.1 contestants representing the same betting interest, the Place Pick (n) pool shall be 
distributed as if no dead heat occurred. 

9.5.8.4.2 contestants representing two or more betting interests, the Place Pick (n) pool shall be 
distributed as a single price pool with a winning wager including the betting interest 
which finished first or any betting interest involved in the dead heat for second. 

9.5.8.5 Should a betting interest in any of the Place Pick (n) contests be scratched, the actual 
favorite, as evidenced by total amounts wagered in the Win pool at the host aAssociation 
for the contest at the close of wagering on that contest, shall be substituted for the 
scratched betting interest for all purposes, including pool calculations. In the event that 
the Win pool total for two or more favorites is identical, the substitute selection shall be the 







betting interest with the lowest program number. The totalisator shall produce reports 
showing each of the wagering combinations with substituted betting interests which 
became winners as a result of the substitution, in addition to the normal winning 
combination. 

9.5.8.6 The Place Pick (n) pool shall be canceled and all Place Pick (n) wagers for the individual 
performance shall be refunded if: 

9.5.8.6.1 at least two contests included as part of a Place Pick 3 are canceled or declared "no 
contest." 

9.5.8.6.2 at least three contests included as part of a Place Pick 4, Place Pick 5 or Place Pick 6 
are canceled or declared "no contest." 

9.5.8.6.3 at least four contests included as part of a Place Pick 7, Place Pick 8 or Place Pick 9 
are canceled or declared "no contest." 

9.5.8.6.4 at least five contests included as part of a Place Pick 10 are canceled or declared "no 
contest." 

9.5.8.7 If at least one contest included as part of a Place Pick (n) is canceled or declared "no 
contest", but not more than the number specified in subsection 6 of this rule, the net pool 
shall be distributed as a single price pool to those whose selection finished first or second 
in the greatest number of Place Pick (n) contests for that performance. Such distribution 
shall include the portion ordinarily retained for the Place Pick (n) carryover but not the 
carryover from previous performances. 

9.5.8.8 The Place Pick (n) carryover may be capped at a designated level approved by the 
Commission so that if, at the close of any performance, the amount in the Place Pick (n) 
carryover equals or exceeds the designated cap, the Place Pick (n) carryover will be 
frozen until it is won or distributed under other provisions of this rule. After the Place Pick 
(n) carryover is frozen, 100 percent of the net pool, part of which ordinarily would be added 
to the Place Pick (n) carryover, shall be distributed to those whose selection finished first 
or second in the greatest number of Place Pick (n) contests for that performance. 

9.5.8.9 A written request for permission to distribute the Place Pick (n) carryover on a specific 
performance may be submitted to the Commission. The request must contain justification 
for the distribution, an explanation of the benefit to be derived, and the intended date and 
performance for the distribution. 

9.5.8.10 Should the Place Pick (n) carryover be designated for distribution on a specified date and 
performance in which there are no wagers selecting the first or second-place finisher in 
each of the Place Pick (n) contests, the entire pool shall be distributed as a single price 
pool to those whose selection finished first or second in the greatest number of Place Pick 
(n) contests. The Place Pick (n) carryover shall be designated for distribution on a 
specified date and performance under any of the following circumstances: 

9.5.8.10.1 Upon written approval from the Commission as provided in 9.5.8.9 of this rule. 

9.5.8.10.2 Upon written approval from the Commission when there is a change in the carryover 
cap, a change from one type of Place Pick (n) wagering to another, or when the Place 
Pick (n) is discontinued. 

9.5.8.10.3 On the closing performance of the meet or split meet. 

9.5.8.11 If, for any reason, the Place Pick (n) carryover must be held over to the corresponding 
Place Pick (n) pool of a subsequent meet, the carryover shall be deposited in an 
interest-bearing account approved by the Commission. The Place Pick (n) carryover plus 
accrued interest shall then be added to the net Place Pick (n) pool of the following meet on 
a date and performance so designated by the Commission. 

9.5.8.12 With the written approval of the Commission, the aAssociation may contribute to the Place 
Pick (n) carryover a sum of money up to the amount of any designated cap. 

9.5.8.13 Providing information to any person regarding covered combinations, amounts wagered 
on specific combinations, number of tickets sold, or number of live tickets remaining is 







strictly prohibited. This shall not prohibit necessary communication between totalisator 
and pari-mutuel department employees for processing of pool data. 

9.5.8.14 The aAssociation may suspend previously-approved Place Pick (n) wagering with the prior 
approval of the Commission. Any carryover shall be held until the suspended Place Pick 
(n) wagering is reinstated. An aAssociation may request approval of a Place Pick (n) 
wager or separate wagering pool for specific performances. 

9.5.9 Quinella Pools 

9.5.9.1 The Quinella requires selection of the first two finishers, irrespective of order, for a single 
contest. 

9.5.9.2 The net Quinella pool shall be distributed to winning wagers in the following precedence, 
based upon the official order of finish: 

9.5.9.2.1 If contestants of a coupled entry or mutuel field finish as the first two finishers, as a 
single price pool to those selecting the coupled entry or mutuel field combined with the 
next separate betting interest in the official order of finish; otherwise 

9.5.9.2.2 As a single price pool to those whose combination finished as the first two betting 
interests; but if there are no such wagers, then 

9.5.9.2.3 As a profit split to those whose combination included either the first- or second-place 
finisher; but if there are no such wagers on one of the those two finishers, then 

9.5.9.2.4 As a single price pool to those whose combination included the one covered betting 
interest included within the first two finishers; but if there are no such wagers, then 

9.5.9.2.5 The entire pool shall be refunded on Quinella wagers for that contest. 

9.5.9.3 If there is a dead heat for first involving: 

9.5.9.3.1 contestants representing the same betting interest, the Quinella pool shall be 
distributed to those selecting the coupled entry or mutuel field combined with the next 
separate betting interest in the official order of finish. 

9.5.9.3.2 contestants representing two betting interests, the Quinella pool shall be distributed as 
if no dead heat occurred. 

9.5.9.3.3 contestants representing three or more betting interests, the Quinella pool shall be 
distributed as a profit split. 

9.5.9.4 If there is a dead heat for second involving contestants representing the same betting 
interest, the Quinella pool shall be distributed as if no dead heat occurred. 

9.5.9.5 If there is a dead heat for second involving contestants representing two or more betting 
interests, the Quinella pool shall be distributed to wagers in the following precedence, 
based upon the official order of finish: 

9.5.9.5.1 As a profit split to those combining the winner with any of the betting interests involved 
in the dead heat for second; but if there is only one covered combination, then 

9.5.9.5.2 As a single price pool to those combining the winner with the one covered betting 
interest involved in the dead heat for second; but if there are no such wagers, then 

9.5.9.5.3 As a profit split to those combining the betting interests involved in the dead heat for 
second; but if there are no such wagers, then 

9.5.9.5.4 As a profit split to those whose combination included the winner and any other betting 
interest and wagers selecting any of the betting interests involved in the dead heat for 
second; but if there are no such wagers, then 

9.5.9.5.5 The entire pool shall be refunded on Quinella wagers for that contest. 

9.5.10 Quinella Double Pools 

9.5.10.1 The Quinella Double requires selection of the first two finishers, irrespective of order, in 
each of two specified contests. 

9.5.10.2 The net Quinella Double pool shall be distributed to winning wagers in the following 
precedence, based upon the official order of finish: 







9.5.10.2.1 If a coupled entry or mutuel field finishes as the first two contestants in either contest, 
as a single price pool to those selecting the coupled entry or mutuel field combined 
with the next separate betting interest in the official order of finish for that contest, as 
well as the first two finishers in the alternate Quinella Double contest; otherwise 

9.5.10.2.2 As a single price pool to those who selected the first two finishers in each of the two 
Quinella Double contests; but if there are no such wagers, then 

9.5.10.2.3 As a profit split to those who selected the first two finishers in either of the two 
Quinella Double contests; but if there are no such wagers on one of those contests, 
then 

9.5.10.2.4 As a single price pool to those who selected the first two finishers in the one covered 
Quinella Double contest; but if there were no such wagers, then 

9.5.10.2.5 The entire pool shall be refunded on Quinella Double wagers for those contests. 

9.5.10.3 If there is a dead heat for first in either of the two Quinella Double contests involving: 

9.5.10.3.1 contestants representing the same betting interest, the Quinella Double pool shall be 
distributed to those selecting the coupled entry or mutuel field combined with the next 
separate betting interest in the official order of finish for that contest. 

9.5.10.3.2 contestants representing two betting interests, the Quinella Double pool shall be 
distributed as if no dead heat occurred. 

9.5.10.3.3 contestants representing three or more betting interests, the Quinella Double pool 
shall be distributed as a profit split. 

9.5.10.4 If there is a dead heat for second in either of the Quinella Double contests involving 
contestants representing the same betting interest, the Quinella Double pool shall be 
distributed as if no dead heat occurred. 

9.5.10.5 If there is a dead heat for second in either of the Quinella Doublecontests involving 
contestants representing two or more betting interests, the Quinella Double pool shall be 
distributed as profit split. 

9.5.10.6 Should a betting interest in the first-half of the Quinella Double be scratched prior to the 
first Quinella Double contest being declared official, all money wagered on combinations 
including the scratched betting interest shall deducted from the Quinella Double pool and 
refunded. 

9.5.10.7 Should a betting interest in the second-half of the Quinella Double be scratched prior to 
the close of wagering on the first Quinella Double contest, all money wagered on 
combinations including the scratched betting interest shall be deducted from the Quinella 
Double pool and refunded. 

9.5.10.8 Should a betting interest in the second-half of the Quinella Double be scratched after the 
close of wagering on the first Quinella Double contest, all wagers combining the winning 
combination in the first contest with a combination including the scratched betting interest 
in the second contest shall be allocated a consolation payoff. In calculating the 
consolation payoff the net Quinella Double pool shall be divided by the total amount 
wagered on the winning combination in the first contest and an unbroken consolation price 
obtained. The unbroken consolation price is multiplied by the dollar value of wagers on the 
winning combination in the first contest combined with a combination including the 
scratched betting interest in the second contest to obtain the consolation payoff. Breakage 
is not declared in this calculation. The consolation payoff is deducted from the net 
Quinella Double pool before calculation and distribution of the winning Quinella Double 
payoff. In the event of a dead heat involving separate betting interests, the net Quinella 
Double pool shall be distributed as a profit split. 

9.5.10.9 If either of the Quinella Double contests is canceled prior to the first Quinella Double 
contest, or the first Quinella Double contest is declared "no contest", the entire Quinella 
Double pool shall be refunded on Quinella Double wagers for those contests. 







9.5.10.10 If the second Quinella Double contest is canceled or declared "no contest" after the 
conclusion of the first Quinella Double contest, the net Quinella Double pool shall be 
distributed as a single price pool to wagers selecting the winning combination in the first 
Quinella Double contest. If there are no wagers selecting the winning combination in the 
first Quinella Double contest, the entire Quinella Double pool shall be refunded on 
Quinella Double wagers for those contests. 

9.5.11 Show Quinella Pools 

9.5.11.1 The Show Quinella requires selection of two (2) of the first three (3) finishers, irrespective 
of order, for a single contest. 

9.5.11.2 The Show Quinella pool shall be apportioned under one of the following methods: 

9.5.11.2.1 Method 1, Single Price and Refund: The net Show Quinella pool shall be distributed to 
winning wagers in the following precedence, based upon the official order of finish: 

9.5.11.2.1.1 As a single price pool to those whose combinations finished as the first two 
betting interests, the first and third betting interests and/or the second and third betting 
interests; but if there are no such wagers, then 

9.5.11.2.1.2 The entire pool shall be refunded on Show Quinella wagers for that contest. 

9.5.11.2.2 Method 2, Single Price and Carryover: The net Show Quinella pool shall be distributed 
to winning wagers in the following precedence, based upon the official order of finish: 

9.5.11.2.2.1 As a single price pool to those whose combinations finished as the first two 
betting interests, the first and third betting interests and/or the second and third betting 
interests; but if there are no such wagers, then 

9.5.11.2.2.2 The net pool will be carried forward and added to the next Show Quinella 
pool. 

9.5.11.2.3 Method 3, Profit Split and Refund: The net Show Quinella pool shall be distributed to 
winning wagers in the following precedence, based upon the official order of finish: 

9.5.11.2.3.1 As a profit split to those whose combinations finished as the first two betting 
interests, the first and third betting interests and/or the second and third betting 
interests; but if there are no such wagers, then 

9.5.11.2.3.2 The entire pool shall be refunded on Show Quinella wagers for that contest. 

9.5.11.2.4 Method 4, Profit Split and Carryover: The net Show Quinella pool shall be distributed 
to winning wagers in the following precedence, based upon the official order of finish: 

9.5.11.2.4.1 As a profit split to those whose combinations finished as the first two betting 
interests, the first and third betting interests and/or the second and third betting 
interests; but if there are no such wagers, then 

9.5.11.2.4.2 The net pool will be carried forward and added to the next Show Quinella 
pool. 

9.5.11.3 If there is a dead heat for first involving: 

9.5.11.3.1 contestants representing two or three betting interests, the Show Quinella pool shall 
be distributed as if no dead heat occurred. 

9.5.11.3.2 contestants representing four or more betting interests, the Show Quinella pool shall 
be distributed between all possible winning combinations based upon the method 
selected in 9.5.11.2. 

9.5.11.4 If there is a dead heat for second involving: 

9.5.11.4.1 contestants representing two betting interests, the Show Quinella pool shall be 
distributed as if no dead heat occurred. 

9.5.11.4.2 contestants representing three or more betting interests, the Show Quinella pool shall 
be distributed between all possible winning combinations based upon the method 
selected in 9.5.11.2. 

9.5.11.5 If there is a dead heat for third involving contestants representing two or more betting 
interests, the Show Quinella pool shall be distributed between all possible winning 







combinations, including those betting interests in the dead heat, based upon the method 
selected in 9.5.11.2. 

9.5.11.6 Should any betting interest entered in the Show Quinella pool be scratched or excused 
from the contest, wagers including such betting interest shall be deducted from the Show 
Quinella pool and money refunded. 

9.5.11.7 If, for any reason, the Show Quinella carryover must be held over to the corresponding 
Show Quinella pool of a subsequent meet, the carryover shall be deposited in an 
interest-bearing account approved by the Commission. The Show Quinella carryover plus 
accrued interest shall be added to the net Show Quinella pool of the following meet on a 
date and performance so designated by the Commission. 

9.5.12 Exacta Pools 

9.5.12.1 The Exacta requires selection of the first two finishers, in their exact order, for a single 
contest. 

9.5.12.2 The net Exacta pool shall be distributed to winning wagers in the following precedence, 
based upon the official order of finish: 

9.5.12.2.1 If contestants of a coupled entry or mutuel field finish as the first two finishers, as a 
single price pool to those selecting the coupled entry or mutuel field combined with the 
next separate betting interest in the official order of finish; otherwise 

9.5.12.2.2 As a single price pool to those whose combination finished in correct sequence as the 
first two betting interests; but if there are no such wagers, then 

9.5.12.2.3 As a profit split to those whose combination included either the first-place betting 
interest to finish first or the second-place betting interest to finish second; but if there 
are no such wagers on one of those two finishers, then 

9.5.12.2.4 As a single price pool to those whose combination included the one covered betting 
interest to finish first or second in the correct sequence; but if there are no such 
wagers, then 

9.5.12.2.5 The entire pool shall be refunded on Exacta wagers for that contest. 

9.5.12.3 If there is a dead heat for first involving: 

9.5.12.3.1 contestants representing the same betting interest, the Exacta pool shall be 
distributed as a single price pool to those selecting the coupled entry or mutuel field 
combined with the next separate betting interest in the official order of finish. 

9.5.12.3.2 contestants representing two or more betting interests, the Exacta pool shall be 
distributed as a profit split. 

9.5.12.4 If there is a dead heat for second involving contestants representing the same betting 
interest, the Exacta pool shall be distributed as if no dead heat occurred. 

9.5.12.5 If there is a dead heat for second involving contestants representing two or more betting 
interests, the Exacta pool shall be distributed to ticket holders in the following precedence, 
based upon the official order of finish: 

9.5.12.5.1 As a profit split to those combining the first-place betting interest with any of the 
betting interests involved in the dead heat for second; but if there is only one covered 
combination, then 

9.5.12.5.2 As a single price pool to those combining the first-place betting interest with the one 
covered betting interest involved in the dead heat for second; but if there are no such 
wagers, then 

9.5.12.5.3 As a profit split to those wagers correctly selecting the winner for first-place and those 
wagers selecting any of the dead-heated betting interests for second-place; but if 
there are no such wagers, then 

9.5.12.5.4 The entire pool shall be refunded on Exacta wagers for that contest. 

9.5.13 Trifecta Pools 







9.5.13.1 The Trifecta requires selection of the first three finishers, in their exact order, for a single 
contest. 

9.5.13.2 The net Trifecta pool shall be distributed to winning wagers in the following precedence, 
based upon the official order of finish: 

9.5.13.2.1 As a single price pool to those whose combination finished in correct sequence as the 
first three betting interests; but if there are no such wagers, then 

9.5.13.2.2 As a single price pool to those whose combination included, in correct sequence, the 
first two betting interests; but if there are no such wagers, then 

9.5.13.2.3 As a single price pool to those whose combination correctly selected the first-place 
betting interest only; but if there are no such wagers, then 

9.5.13.2.4 The entire pool shall be refunded on Trifecta wagers for that contest. 

9.5.13.3 If less than three betting interests finish and the contest is declared official, payoffs will be 
made based upon the order of finish of those betting interests completing the contest. The 
balance of any selection beyond the number of betting interests completing the contest 
shall be ignored. 

9.5.13.4 If there is a dead heat for first involving: 

9.5.13.4.1 contestants representing three or more betting interests, all of the wagering 
combinations selecting three betting interests which correspond with any of the betting 
interests involved in the dead heat shall share in a profit split. 

9.5.13.4.2 contestants representing two betting interests, both of the wagering combinations 
selecting the two dead-heated betting interests, irrespective of order, along with the 
third-place betting interest shall share in a profit split. 

9.5.13.5 If there is a dead heat for second, all of the combinations correctly selecting the winner 
combined with any of the betting interests involved in the dead heat for second shall share 
in a profit split. 

9.5.13.6 If there is a dead heat for third, all wagering combinations correctly selecting the first two 
finishers, in correct sequence, along with any of the betting interests involved in the dead 
heat for third shall share in a profit split. 

9.5.13.7 Coupled entries and mutuel fields shall be prohibited in Trifecta contests except in Grade I 
races (as determined by the North American Graded Stakes Committee) with written 
approval of the host Commission. 

9.5.14 Superfecta Pools 

9.5.14.1 The Superfecta requires selection of the first four finishers, in their exact order, for a single 
contest. 

9.5.14.2 The net Superfecta pool shall be distributed to winning wagers in the following 
precedence, based upon the official order of finish: 

9.5.14.2.1 As a single price pool to those whose combination finished in correct sequence as the 
first four betting interests; but if there are no such wagers, then 

9.5.14.2.2 As a single price pool to those whose combination included, in correct sequence, the 
first three betting interests; but if there are no such wagers, then 

9.5.14.2.3 As a single price pool to those whose combination included, in correct sequence, the 
first two betting interests; but if there are no such wagers, then 

9.5.14.2.4 As a single price pool to those whose combination correctly selected the first-place 
betting interest only; but if there are no such wagers, then 

9.5.14.2.5 The entire pool shall be refunded on Superfecta wagers for that contest. 

9.5.14.3 If less than four betting interests finish and the contest is declared official, payoffs will be 
made based upon the order of finish of those betting interests completing the contest. The 
balance of any selection beyond the number of betting interests completing the contest 
shall be ignored. 

9.5.14.4 If there is a dead heat for first involving: 







9.5.14.4.1 contestants representing four or more betting interests, all of the wagering 
combinations selecting four betting interests which correspond with any of the betting 
interests involved in the dead heat shall share in a profit split. 

9.5.14.4.2 contestants representing three betting interests, all of the wagering combinations 
selecting the three dead-heated betting interests, irrespective of order, along with the 
fourth-place betting interest shall share in a profit split. 

9.5.14.4.3 contestants representing two betting interests, both of the wagering combinations 
selecting the two dead-heated betting interests, irrespective of order, along with the 
third-place and fourth-place betting interests shall share in a profit split. 

9.5.14.5 If there is a dead heat for second involving: 

9.5.14.5.1 contestants representing three or more betting interests, all of the wagering 
combinations correctly selecting the winner combined with any of the three betting 
interests involved in the dead heat for second shall share in a profit split. 

9.5.14.5.2 contestants representing two betting interests, all of the wagering combinations 
correctly selecting the winner, the two dead-heated betting interests, irrespective of 
order, and the fourth-place betting interest shall share in a profit split. 

9.5.14.6 If there is a dead heat for third, all wagering combinations correctly selecting the first two 
finishers, in correct sequence, along with any two of the betting interests involved in the 
dead heat for third shall share in a profit split. 

9.5.14.7 If there is a dead heat for fourth, all wagering combinations correctly selecting the first 
three finishers, in correct sequence, along with any of the betting interests involved in the 
dead heat for fourth shall share in a profit split. 

9.5.14.8 Coupled entries and mutuel fields shall be prohibited in Superfecta contests. 

9.5.15 Twin Quinella Pools 

9.5.15.1 The Twin Quinella requires selection of the first two finishers, irrespective of order, in each 
of two designated contests. Each winning ticket for the first Twin Quinella contest must be 
exchanged for a free ticket on the second Twin Quinella contest in order to remain eligible 
for the second-half Twin Quinella pool. Such tickets may be exchanged only at attended 
ticket windows prior to the second Twin Quinella contest. There will be no monetary 
reward for winning the first Twin Quinella contest. Both of the designated Twin Quinella 
contests shall be included in only one Twin Quinella pool. 

9.5.15.2 In the first Twin Quinella contest only, winning wagers shall be determined using the 
following precedence, based upon the official order of finish for the first Twin Quinella 
contest: 

9.5.15.2.1 If a coupled entry or mutuel field finishes as the first two finishers, those who selected 
the coupled entry or mutuel field combined with the next separate betting interest in 
the official order of finish shall be winners; otherwise 

9.5.15.2.2 Those whose combination finished as the first two betting interests shall be winners; 
but if there are no such wagers, then 

9.5.15.2.3 Those whose combination included either the first- or second-place finisher shall be 
winners; but if there are no such wagers on one of those two finishers, then 

9.5.15.2.4 Those whose combination included the one covered betting interest included within 
the first two finishers shall be winners; but if there are no such wagers, then 

9.5.15.2.5 The entire pool shall be refunded on Twin Quinella wagers for that contest. 

9.5.15.3 In the first Twin Quinella contest only, if there is a dead heat for first involving: 

9.5.15.3.1 contestants representing the same betting interest, those who selected the coupled 
entry or mutuel field combined with the next separate betting interest in the official 
order of finish shall be winners. 

9.5.15.3.2 contestants representing two betting interests, the winning Twin Quinella wagers shall 
be determined as if no dead heat occurred. 







9.5.15.3.3 contestants representing three or more betting interests, those whose combination 
included any two of the betting interests finishing in the dead heat shall be winners. 

9.5.15.4 In the first Twin Quinella contest only, if there is a dead heat for second involving 
contestants representing two or more betting interests, the Twin Quinella pool shall be 
distributed to wagers in the following precedence, based upon the official order of finish: 

9.5.15.4.1 As a profit split to those combining the winner with any of the betting interests involved 
in the dead heat for second; but if there is only one covered combination, then 

9.5.15.4.2 As a single price pool to those combining the winner with the one covered betting 
interest involved in the dead heat for second; but if there are no such wagers, then 

9.5.15.4.3 As a profit split to those combining the betting interests involved in the dead heat for 
second; but if there are no such wagers, then 

9.5.15.4.4 As a profit split to those whose combination included the winner and any other betting 
interest and wagers selecting any of the betting interests involved in the dead heat for 
second; but if there are no such wagers, then 

9.5.15.4.5 The entire pool shall be refunded on Twin Quinella wagers for that contest. 

9.5.15.5 In the second Twin Quinella contest only, the entire net Twin Quinella pool shall be 
distributed to winning wagers in the following precedence, based upon the official order of 
finish for the second Twin Quinella contest: 

9.5.15.5.1 If a coupled entry or mutuel field finishes as the first two finishers, as a single price 
pool to those who selected the coupled entry or mutuel field combined with the next 
separate betting interest in the official order of finish; otherwise 

9.5.15.5.2 As a single price pool to those whose combination finished as the first two betting 
interests; but if there are no such wagers, then 

9.5.15.5.3 As a profit split to those whose combination included either the first- or second-place 
finisher; but if there are no such wagers on one of those two finishers, then 

9.5.15.5.4 As a single price pool to those whose combination included the one covered betting 
interest included within the first two finishers; but if there are no such wagers, then 

9.5.15.5.5 As a single price pool to all the exchange ticket holders for that contest; but if there are 
no such tickets, then 

9.5.15.5.6 In accordance with 9.5.15.2 of the Twin Quinella rules. 

9.5.15.6 In the second Twin Quinella contest only, if there is a dead heat for first involving: 

9.5.15.6.1 contestants representing the same betting interest, the net Twin Quinella pool shall be 
distributed to those selecting the coupled entry or mutuel field combined with the next 
separate betting interest in the official order of finish. 

9.5.15.6.2 contestants representing two betting interests, the net Twin Quinella pool shall be 
distributed as if no dead heat occurred. 

9.5.15.6.3 contestants representing three or more betting interests, the net Twin Quinella pool 
shall be distributed as a profit split to those whose combination included any two of 
the betting interests finishing in the dead heat. 

9.5.15.7 In the second Twin Quinella contest only, if there is a dead heat for second involving 
contestants representing two or more betting interests, the Twin Quinella pool shall be 
distributed to wagers in the following precedence, based upon the official order of finish: 

9.5.15.7.1 As a profit split to those combining the winner with any of the betting interests involved 
in the dead heat for second; but if there is only one covered combination, then 

9.5.15.7.2 As a single price pool to those combining the winner with the one covered betting 
interest involved in the dead heat for second; but if there are no such wagers, then 

9.5.15.7.3 As a profit split to those combining the betting interests involved in the dead heat for 
second; but if there are no such wagers, then 







9.5.15.7.4 As a profit split to those whose combination included the winner and any other betting 
interest and wagers selecting any of the betting interests involved in the dead heat for 
second, then 

9.5.15.7.5 As a single price pool to all the exchange ticket holders for that contest; but if there are 
no such tickets, then 

9.5.15.7.6 In accordance with 9.5.15.2 of the Twin Quinella rules. 

9.5.15.8 If a winning ticket for the first-half of the Twin Quinella is not presented for exchange prior 
to the close of betting on the second- half Twin Quinella contest, the ticket holder forfeits 
all rights to any distribution of the Twin Quinella pool resulting from the outcome of the 
second contest. 

9.5.15.9 Should a betting interest in the first-half of the Twin Quinella be scratched, those Twin 
Quinella wagers including the scratched betting interest shall be refunded. 

9.5.15.10 Should a betting interest in the second-half of the Twin Quinella be scratched, an 
announcement concerning the scratch shall be made and a reasonable amount of time 
shall be provided for exchange of tickets that include the scratched betting interest. If 
tickets have not been exchanged prior to the close of betting for the second Twin Quinella 
contest, the ticket holder forfeits all rights to the Twin Quinella pool. 

9.5.15.11 If either of the Twin Quinella contests is canceled prior to the first Twin Quinella contest, or 
the first Twin Quinella contest is declared "no contest", the entire Twin Quinella pool shall 
be refunded on Twin Quinella wagers for that contest. 

9.5.15.12 If the second-half Twin Quinella contest is canceled or declared "no contest" after the 
conclusion of the first Twin Quinella contest, the net Twin Quinella pool shall be distributed 
as a single price pool to wagers selecting the winning combination in the first Twin 
Quinella contest and all valid exchange tickets. If there is no such wagers, the net Twin 
Quinella pool shall be distributed as described in 9.5.15.2 of the Twin Quinella rules. 

9.5.16 Twin Trifecta Pools 

9.5.16.1 The Twin Trifecta requires selection of the first three finishers, in their exact order, in each 
of two designated contests. Each winning ticket for the first Twin Trifecta contest must be 
exchanged for a free ticket on the second Twin Trifecta contest in order to remain eligible 
for the second-half Twin Trifecta pool. Such tickets may be exchanged only at attended 
ticket windows prior to the second Twin Trifecta contest. Winning first-half Twin Trifecta 
wagers will receive both an exchange and a monetary payoff. Both of the designated Twin 
Trifecta contests shall be included in only one Twin Trifecta pool. 

9.5.16.2 After wagering closes for the first-half of the Twin Trifecta and commissions have been 
deducted from the pool, the net pool shall then be divided into separate pools: the first-half 
Twin Trifecta pool and the second-half Twin Trifecta pool. 

9.5.16.3 In the first Twin Trifecta contest only, winning wagers shall be determined using the 
following precedence, based upon the official order of finish for the first Twin Trifecta 
contest: 

9.5.16.3.1 As a single price pool to those whose combination finished in correct sequence as the 
first three betting interests; but if there are no such wagers, then 

9.5.16.3.2 As a single price pool to those whose combination included, in correct sequence, the 
first two betting interests; but if there are no such wagers, then 

9.5.16.3.3 As a single price pool to those whose combination correctly selected the first-place 
betting interest only; but if there are no such wagers, then 

9.5.16.3.4 The entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that contest 
and the second-half shall be canceled. 

9.5.16.4 If no first-half Twin Trifecta ticket selects the first three finishers of that contest in exact 
order, winning ticket holders shall not receive any exchange tickets for the second-half 
Twin Trifecta pool. In such case, the second-half Twin Trifecta pool shall be retained and 
added to any existing Twin Trifecta carryover pool. 







9.5.16.5 Winning tickets from the first-half of the Twin Trifecta shall be exchanged for tickets 
selecting the first three finishers of the second-half of the Twin Trifecta. The second-half 
Twin Trifecta pool shall be distributed to winning wagers in the following precedence, 
based upon the official order of finish for the second Twin Trifecta contest: 

9.5.16.5.1 As a single price pool, including any existing carryover monies, to those whose 
combination finished in correct sequence as the first three betting interests; but if there 
are no such tickets, then 

9.5.16.5.2 The entire second-half Twin Trifecta pool for that contest shall be added to any 
existing carryover monies and retained for the corresponding second-half Twin 
Trifecta pool of the next consecutive performance. 

9.5.16.6 If a winning first-half Twin Trifecta ticket is not presented for cashing and exchange prior to 
the second-half Twin Trifecta contest, the ticket holder may still collect the monetary value 
associated with the first-half Twin Trifecta pool but forfeits all rights to any distribution of 
the second-half Twin Trifecta pool. 

9.5.16.7 Coupled entries and mutuel fields shall be prohibited in Twin Trifecta contests. 

9.5.16.8 Should a betting interest in the first-half of the Twin Trifecta be scratched, those Twin 
Trifecta wagers including the scratched betting interest shall be refunded. 

9.5.16.9 Should a betting interest in the second-half of the Twin Trifecta be scratched, an 
announcement concerning the scratch shall be made and a reasonable amount of time 
shall be provided for exchange of tickets that include the scratched betting interest. If 
tickets have not been exchanged prior to the close of betting for the second Twin Trifecta 
contest, the ticket holder forfeits all rights to the second-half Twin Trifecta pool. 

9.5.16.10 If, due to a late scratch, the number of betting interests in the second-half of the Twin 
Trifecta is reduced to fewer than the minimum, all exchange tickets and outstanding 
first-half winning tickets shall be entitled to the second-half Twin Trifecta pool for that 
contest as a single price pool, but not the Twin Trifecta carryover. 

9.5.16.11 If there is a dead heat or multiple dead heats in either the first- or second-half of the Twin 
Trifecta, all Twin Trifecta wagers selecting the correct order of finish, counting a betting 
interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. 
In the case of a dead heat occurring in: 

9.5.16.11.1 the first-half of the Twin Trifecta, the payoff shall be calculated as a profit split. 

9.5.16.11.2 the second-half of the Twin Trifecta, the payoff shall be calculated as a single price 
pool. 

9.5.16.12 If either of the Twin Trifecta contests are canceled prior to the first Twin Trifecta contest, or 
the first Twin Trifecta contest is declared "no contest", the entire Twin Trifecta pool shall be 
refunded on Twin Trifecta wagers for that contest and the second-half shall be canceled. 

9.5.16.13 If the second-half Twin Trifecta contest is canceled or declared "no contest", all exchange 
tickets and outstanding first-half winning Twin Trifecta tickets shall be entitled to the net 
Twin Trifecta pool for that contest as a single price pool, but not Twin Trifecta carryover. If 
there are no such tickets, the net Twin Trifecta pool shall be distributed as described in 
subsection 3 of the Twin Trifecta rules. 

9.5.16.14 The Twin Trifecta carryover may be capped at a designated level approved by the 
Commission so that if, at the close of any performance, the amount in the Twin Trifecta 
carryover equals or exceeds the designated cap, the Twin Trifecta carryover will be frozen 
until it is won or distributed under other provisions of this rule. After the Twin Trifecta 
carryover is frozen, 100 percent of the net Twin Trifecta pool for each individual contest 
shall be distributed to winners of the first-half of the Twin Trifecta pool. 

9.5.16.15 A written request for permission to distribute the Twin Trifecta carryover on a specific 
performance may be submitted to the Commission. The request must contain justification 
for the distribution, an explanation of the benefit to be derived, and the intended date and 
performance for the distribution. 







9.5.16.16 Should the Twin Trifecta carryover be designated for distribution on a specified date and 
performance, the following precedence will be followed in determining winning tickets for 
the second-half of the Twin Trifecta after completion of the first-half of the Twin Trifecta: 

9.5.16.16.1 As a single price pool to those whose combination finished in correct sequence as the 
first three betting interests; but if there are no such wagers, then 

9.5.16.16.2 As a single price pool to those whose combination included, in correct sequence, the 
first two betting interests; but if there are no such wagers, then 

9.5.16.16.3 As a single price pool to those whose combination correctly selected the first-place 
betting interest only; but if there are no such wagers, then 

9.5.16.16.4 As a single price pool to holders of valid exchange tickets. 

9.5.16.16.5 As a single price pool to holders of outstanding first-half winning tickets. 

9.5.16.17 Contrary to 9.5.16.4 of the Twin Trifecta rules, during a performance designated to 
distribute the Twin Trifecta carryover, exchange tickets will be issued for those 
combinations selecting the greatest number of betting interests in their correct order of 
finish for the first-half of the Twin Trifecta. If there are no wagers correctly selecting the 
first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be 
issued for combinations correctly selecting the first- and second-place betting interests. If 
there are no wagers correctly selecting the first- and second-place finishers, in their exact 
order, then exchange tickets shall be issued for combinations correctly selecting the 
first-place betting interest only. If there are no wagers selecting the first-place betting 
interest only in the first-half of the Twin Trifecta, all first-half tickets will become winners 
and will receive 100 percent of that days net Twin Trifecta pool and any existing Twin 
Trifecta carryover. 

9.5.16.18 The Twin Trifecta carryover shall be designated for distribution on a specified date and 
performance only under the following circumstances: 

9.5.16.18.1 Upon written approval from the Commission as provided in 9.5.16 of the Twin Trifecta 
rules. 

9.5.16.18.2 Upon written approval from the Commission when there is a change in the carryover 
cap or when the Twin Trifecta is discontinued. 

9.5.16.18.3 On the closing performance of the meet or split meet. 

9.5.16.19 If, for any reason, the Twin Trifecta carryover must be held over to the corresponding Twin 
Trifecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing 
account approved by the Commission. The Twin Trifecta carryover plus accrued interest 
shall then be added to the second-half Twin Trifecta pool of the following meet on a date 
and performance so designated by the Commission. 

9.5.16.20 Providing information to any person regarding covered combinations, amounts wagered 
on specific combinations, number of tickets sold, or number of valid exchange tickets is 
prohibited. This shall not prohibit necessary communication between totalisator and parimutuel 
department employees for processing of pool data. 

9.5.16.21 The aAssociation must obtain written approval from the Commission concerning the 
scheduling of Twin Trifecta contests, the percentages of the net pool added to the first-half 
pool and second-half pool, and the amount of any cap to be set on the carryover. Any 
changes to the approved Twin Trifecta format require prior approval from the Commission. 

9.5.17 Tri-Superfecta Pools 

9.5.17.1 The Tri-Superfecta requires selection of the first three finishers, in their exact order, in the 
first of two designated contests and the first four finishers, in exact order, in the second of 
the two designated contests. Each winning ticket for the first Tri-Superfecta contest must 
be exchanged for a free ticket on the second Tri-Superfecta contest in order to remain 
eligible for the second-half Tri-Superfecta pool. Such tickets may be exchanged only at 
attended ticket windows prior to the second Tri-Superfecta contest. Winning first-half 







Tri-Superfecta tickets will receive both an exchange and a monetary payoff. Both of the 
designated Tri-superfecta contests shall be included in only one Tri-Superfecta pool. 

9.5.17.2 After wagering closes for the first-half of the Tri-Superfecta and commissions have been 
deducted from the pool, the net pool shall then be divided into two separate pools: the 
first-half Tri-Superfecta pool and the second-half Tri-Superfecta pool. 

9.5.17.3 In the first Tri-Superfecta contest only, winning tickets shall be determined using the 
following precedence, based upon the official order of finish for the first Tri-Superfecta 
contest: 

9.5.17.3.1 As a single price pool to those whose combination finished in correct sequence as the 
first three betting interests; but if there are no such wagers, then 

9.5.17.3.2 As a single price pool to those whose combination included, in correct sequence, the 
first two betting interests; but if there are no such wagers, then 

9.5.17.3.3 As a single price pool to those whose combination correctly selected the first-place 
betting interest only; but if there are no such wagers, then 

9.5.17.3.4 The entire Tri-Superfecta pool shall be refunded on Tri-Superfecta wagers for that 
contest and the second-half shall be canceled. 

9.5.17.4 If no first-half Tri-Superfecta ticket selects the first three finishers of that contest in exact 
order, winning ticket holders shall not receive any exchange tickets for the second-half 
Tri-Superfecta pool. In such case, the second-half Tri-superfecta pool shall be retained 
and added to any existing Tri-Superfecta carryover pool. 

9.5.17.5 Winning tickets from the first-half of the Tri-Superfecta shall be exchanged for tickets 
selecting the first four finishers of the second-half of the Tri-Superfecta. The second-half 
Tri-Superfecta pool shall be distributed to winning wagers in the following precedence, 
based upon the official order of finish for the second Tri-Superfecta contest: 

9.5.17.5.1 As a single price pool, including any existing carryover monies, to those whose 
combination finished in correct sequence as the first four betting interests; but if there 
are no such tickets, then 

9.5.17.5.2 The entire second-half Tri-Superfecta pool for that contest shall be added to any 
existing carryover monies and retained for the corresponding second-half 
Tri-Superfecta pool of the next performance. 

9.5.17.6 If a winning first-half Tri-Superfecta ticket is not presented for cashing and exchange prior 
to the second-half Tri-Superfecta contest, the ticket holder may still collect the monetary 
value associated with the first-half Tri-Superfecta pool but forfeits all rights to any 
distribution of the second-half Tri-Superfecta pool. 

9.5.17.7 Coupled entries and mutuel fields shall be prohibited in Tri-Superfecta contests. 

9.5.17.8 Should a betting interest in the first-half of the Tri-Superfecta be scratched, those 
Tri-Superfecta tickets including the scratched betting interest shall be refunded. 

9.5.17.9 Should a betting interest in the second-half of the Tri-Superfecta be scratched, an 
announcement concerning the scratch shall be made and a reasonable amount of time 
shall be provided for exchange of tickets that include the scratched betting interest. If 
tickets have not been exchanged prior to the close of betting for the second Tri-Superfecta 
contest, the ticket holder forfeits all rights to the second-half Tri-Superfecta pool. 

9.5.17.10 If, due to a late scratch, the number of betting interests in the second-half of the 
Tri-Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding 
first-half winning tickets shall be entitled to the second-half Tri-Superfecta pool for that 
contest as a single price pool, but not the Tri-Superfecta carryover. 

9.5.17.11 If there is a dead heat or multiple dead heats in either the first- or second-half of the 
Tri-Superfecta, all Tri-Superfecta tickets selecting the correct order of finish, counting a 
betting interest involved in a dead heat as finishing in any dead-heated position, shall be a 
winner. In the case of a dead heat occurring in: 

9.5.17.11.1 the first-half of the Tri-Superfecta, the payoff shall be calculated as a profit split. 







9.5.17.11.2 the second-half of the Tri-Superfecta, the payoff shall be calculated as a single price 
pool. 

9.5.17.12 If either of the Tri-Superfecta contests are canceled prior to the first Tri-Superfecta contest, 
or the first Tri-Superfecta contest is declared "no contest", the entire Tri-Superfecta pool 
shall be refunded on Tri-Superfecta wagers for that contest and the second-half shall be 
canceled. 

9.5.17.13 If the second-half Tri-Superfecta contest is canceled or declared "no contest", all 
exchange tickets and outstanding first-half winning Tri-Superfecta tickets shall be entitled 
to the net Tri-Superfecta pool for that contest as a single price pool, but not the 
Tri-Superfecta carryover. If no there are no such tickets, the net Tri-Superfecta pool shall 
be distributed as described in subsection 3 of the Tri-Superfecta rules. 

9.5.17.14 The Tri-Superfecta carryover may be capped at a designated level approved by the 
Commission so that if, at the close of any performance, the amount in the Tri-Superfecta 
carryover equals or exceeds the designated cap, the Tri-Superfecta carryover will be 
frozen until it is won or distributed under other provisions of this rule. After the second-half 
Tri-Superfecta carryover is frozen, 100 percent of the net Tri-Superfecta pool for each 
individual contest shall be distributed to winners of the first-half of the Tri-Superfecta pool. 

9.5.17.15 A written request for permission to distribute the Tri-Superfecta carryover on a specific 
performance may be submitted to the Commission. The request must contain justification 
for the distribution, an explanation of the benefit to be derived, and the intended date and 
performance for the distribution. 

9.5.17.16 Should the Tri-Superfecta carryover be designated for distribution on a specified date and 
performance, the following precedence will be followed in determining winning tickets for 
the second-half of the Tri-Superfecta after completion of the first-half of the Tri-Superfecta: 

9.5.17.16.1 As a single price pool to those whose combination finished in correct sequence as the 
first four betting interests; but if there are no such wagers, then 

9.5.17.16.2 As a single price pool to those whose combination included, in correct sequence, the 
first three betting interests; but if there are no such wagers, then 

9.5.17.16.3 As a single price pool to those whose combination included, in correct sequence, the 
first two betting interests; but if there are no such wagers, then 

9.5.17.16.4 As a single price pool to those whose combination included, in correct sequence, the 
first-place betting interest only; but if there are no such wagers, then 

9.5.17.16.5 As a single price pool to holders of valid exchange tickets. 

9.5.17.16.6 As a single price pool to holders of outstanding first-half winning tickets. 

9.5.17.17 Contrary to 9.5.17.4 of the Tri-Superfecta rules, during a performance designated to 
distribute the Tri-Superfecta carryover, exchange tickets will be issued for those 
combinations selecting the greatest number of betting interests in their correct order of 
finish for the first-half of the Tri-Superfecta. If there are no wagers correctly selecting the 
first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be 
issued for combinations correctly selecting the first- and second-place betting interests. If 
there are no wagers correctly selecting the first- and second-place finishers, in their exact 
order, then exchange tickets shall be issued for combinations correctly selecting the 
first-place betting interest only. If there are no wagers selecting the first-place betting 
interest only in the first-half of the Tri-Superfecta, all first-half tickets will become winners 
and will receive 100 percent of that days net Tri-Superfecta pool and any existing 
Tri-Superfecta carryover as a single price pool. 

9.5.17.18 The Tri-Superfecta carryover shall be designated for distribution on a specified date and 
performance only under the following circumstances: 

9.5.17.18.1 Upon written approval from the Commission as provided in subsection 15 of the 
Tri-Superfecta rules. 







9.5.17.18.2 Upon written approval from the Commission when there is a change in the carryover 
cap or when the Tri-Superfecta is discontinued. 

9.5.17.18.3 On the closing performance of the meet or split meet. 

9.5.17.19 If, for any reason, the Tri-Superfecta carryover must be held over to the corresponding 
Tri-Superfecta pool of a subsequent meet, the carryover shall be deposited in an 
interest-bearing account approved by the Commission. The Tri-Superfecta carryover plus 
accrued interest shall then be added to the second-half Tri-superfecta pool of the following 
meet on a date and performance so designated by the Commission. 

9.5.17.20 Providing information to any person regarding covered combinations, amounts wagered 
on specific combinations, number of tickets sold, or number of valid exchange tickets is 
prohibited. This shall not prohibit necessary communication between totalisator and parimutuel 
department employees for processing of pool data. 

9.5.17.21 The aAssociation must obtain written approval from the Commission concerning the 
scheduling of Tri-Superfecta contests, the percentages of the net pool added to the 
first-half pool and second-half pool, and the amount of any cap to be set on the carryover. 
Any changes to the approved Tri-Superfecta format require prior approval from the 
Commission. 

9.5.18 Twin Superfecta Pools 

9.5.18.1 The Twin Superfecta requires selection of the first four finishers, in their exact order, in 
each of two designated contests. Each winning ticket for the first Twin Superfecta contest 
must be exchanged for a free ticket on the second Twin Superfecta contest in order to 
remain eligible for the second-half Twin Superfecta pool. Such tickets may be exchanged 
only at attended ticket windows prior to the second Twin Superfecta contest. Winning 
first-half Twin Superfecta tickets will receive both an exchange and a monetary payoff. 
Both of the designated Twin Superfecta contests shall be included in only one Twin 
Superfecta pool. 

9.5.18.2 After wagering closes for the first-half of the Twin Superfecta and commissions have been 
deducted from the pool, the net pool shall then be divided into two separate pools: the 
first-half Twin Superfecta pool and the second-half Twin Superfecta pool. 

9.5.18.3 In the first Twin Superfecta contest only, winning wagers shall be determined using the 
following precedence, based upon the official order of finish for the first Twin Superfecta 
contest: 

9.5.18.3.1 As a single price pool to those whose combination finished in correct sequence as the 
first four betting interests; but if there are no such wagers, then 

9.5.18.3.2 As a single price pool to those whose combination included, in correct sequence, the 
first three betting interests; but if there are no such wagers, then 

9.5.18.3.3 As a single price pool to those whose combination included, in correct sequence, the 
first two betting interests; but if there are no such wagers, then 

9.5.18.3.4 As a single price pool to those whose combination correctly selected the first-place 
betting interest only; but if there are no such wagers, then 

9.5.18.3.5 The entire Twin Superfecta pool shall be refunded on Twin Superfecta wagers for that 
contest and the second-half shall be canceled. 

9.5.18.4 If no first-half Twin Superfecta ticket selects the first four finishers of that contest in exact 
order, winning ticket holders shall not receive any exchange tickets for the second-half 
Twin Superfecta pool. In such case, the second-half Twin Superfecta pool shall be 
retained and added to any existing Twin Superfecta carryover pool. 

9.5.18.5 Winning tickets from the first-half of the Twin Superfecta shall be exchanged for tickets 
selecting the first four finishers of the second-half of the Twin Superfecta. The second-half 
Twin Superfecta pool shall be distributed to winning wagers in the following precedence, 
based upon the official order of finish for the second Twin Superfecta contest: 







9.5.18.5.1 As a single price pool, including any existing carryover monies, to those whose 
combination finished in correct sequence as the first four betting interests; but if there 
are no such tickets, then 

9.5.18.5.2 The entire second-half Twin Trifecta pool for that contest shall be added to any 
existing carryover monies and retained for the corresponding second-half Twin 
Superfecta pool of the next performance. 

9.5.18.6 If a winning first-half Twin Superfecta ticket is not presented for cashing and exchange 
prior to the second-half Twin Superfecta contest, the ticket holder may still collect the 
monetary value associated with the first-half Twin Superfecta pool but forfeits all rights to 
any distribution of the second-half Twin Trifecta pool. 

9.5.18.7 Coupled entries and mutuel fields shall be prohibited in Twin Superfecta contests. 

9.5.18.8 Should a betting interest in the first-half of the Twin Superfecta be scratched, those Twin 
Superfecta tickets including the scratched betting interest shall be refunded. 

9.5.18.9 Should a betting interest in the second-half of the Twin Superfecta be scratched, an 
announcement concerning the scratch shall be made and a reasonable amount of time 
shall be provided for exchange of tickets that include the scratched betting interest. If 
tickets have not been exchanged prior to the close of betting for the second Twin 
Superfecta contest, the ticket holder forfeits all rights to the second-half Twin Superfecta 
pool. 

9.5.18.10 If, due to a late scratch, the number of betting interests in the second-half of the Twin 
Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding 
first-half winning tickets shall be entitled to the second-half Twin Superfecta pool for that 
contest as a single price pool, but not the Twin Superfecta carryover. 

9.5.18.11 If there is a dead heat or multiple dead heats in either the first- or second-half of the Twin 
Superfecta, all Twin Superfecta tickets selecting the correct order of finish, counting a 
betting interest involved in a dead heat as finishing in any dead-heated position, shall be a 
winner. In the case of a dead heat occurring in: 

9.5.18.11.1 the first-half of the Twin Superfecta, the payoff shall be calculated as a profit split. 

9.5.18.11.2 the second-half of the Twin Superfecta, the payoff shall be calculated as a single price 
pool. 

9.5.18.12 If the either of the Twin Superfecta contests are canceled prior to the first Twin Super-fecta 
contest, or the first Twin Superfecta contest is declared "no contest", the entire Twin 
Superfecta pool shall be refunded on Twin Superfecta wagers for that contest and the 
second-half shall be canceled. 

9.5.18.13 If the second-half Twin Superfecta contest is canceled or declared "no contest", all 
exchange tickets and outstanding first-half winning Twin Superfecta tickets shall be 
entitled to the net Twin Superfecta pool for that contest as a single price pool, but not the 
Twin Superfecta carryover. If there are no such tickets, the net Twin Superfecta pool shall 
be distributed as described in 9.5.18.3 of the Twin Superfecta rules. 

9.5.18.14 The Twin Superfecta carryover may be capped at a designated level approved by the 
Commission so that if, at the close of any performance, the amount in the Twin Superfecta 
equals or exceeds the designated cap, the Twin Superfecta carryover will be frozen until it 
is won or distributed under other provisions of this rule. After the second-half Twin 
Superfecta carryover is frozen, 100 percent of the net Twin Superfecta pool for each 
individual contest shall be distributed to winners of the first-half of the Twin Superfecta 
pool. 

9.5.18.15 A written request for permission to distribute the Twin Superfecta carryover on a specific 
performance may be submitted to the Commission. The request must contain justification 
for the distribution, an explanation of the benefit to be derived, and the intended date and 
performance for the distribution. 







9.5.18.16 Should the Twin Superfecta carryover be designated for distribution on a specified date 
and performance, the following precedence will be followed in determining winning tickets 
for the second-half of the Twin Superfecta after completion of the first-half of the Twin 
Superfecta: 

9.5.18.16.1 As a single price pool to those whose combination finished in correct sequence as the 
first four betting interests; but if there are no such wagers, then 

9.5.18.16.2 As a single price pool to those whose combination included, in correct sequence, the 
first three betting interests; but if there are no such wagers, then 

9.5.18.16.3 As a single price pool to those whose combination included, in correct sequence, the 
first two betting interests; but if there are no such wagers, then 

9.5.18.16.4 As a single price pool to those whose combination correctly selected the first-place 
betting interest only; but if there are no such wagers, then 

9.5.18.16.5 As a single price pool to holders of valid exchange tickets. 

9.5.18.16.6 As a single price pool to holders of outstanding first-half winning tickets. 

9.5.18.17 Contrary to 9.5.18.4 of the Twin Superfecta rules, during a performance designated to 
distribute the Twin Superfecta carryover, exchange tickets will be issued for those 
combinations selecting the greatest number of betting interests in their correct order of 
finish for the first-half of the Twin Superfecta. If there are no wagers correctly selecting the 
first-, second-, third-, and fourth-place finishers, in their exact order, then exchange tickets 
shall be issued for combinations correctly selecting the first-, second-, and third-place 
betting interests. If there are no wagers correctly selecting the first-, second-, and 
third-place finishers, in their exact order, then exchange tickets shall be issued for 
combinations correctly selecting the first- and second- place betting interests. If there are 
no wagers correctly selecting the first- and second-place finishers, in their exact order, 
then exchange tickets shall be issued for combinations correctly selecting the first- place 
betting interest only. If there are no wagers selecting the first-place betting interest only in 
the first-half of the Twin Superfecta, all first-half tickets will become winners and will 
receive 100 percent of that days net Twin Superfecta pool and any existing Twin 
Superfecta carryover as a single price pool. 

9.5.18.18 The Twin Superfecta carryover shall be designated for distribution on a specified date and 
performance only under the following circumstances: 

9.5.18.18.1 Upon written approval from the Commission as provided in 9.5.18.15 of the Twin 
Superfecta rules. 

9.5.18.18.2 Upon written approval from the Commission when there is a change in the carryover 
cap or when the Twin Superfecta is discontinued. 

9.5.18.18.3 On the closing performance of the meet or split meet. 

9.5.18.19 If, for any reason, the Twin Superfecta carryover must be held over to the corresponding 
Twin Superfecta pool of a subsequent meet, the carryover shall be deposited in an 
interest-bearing account approved by the Commission. The Twin Superfecta carryover 
plus accrued interest shall then be added to the second-half Twin Superfecta pool of the 
following meet on a date and performance so designated by the Commission. 

9.5.18.20 Providing information to any person regarding covered combinations, amounts wagered 
on specific combinations, number of tickets sold, or number of valid exchange tickets is 
prohibited. This shall not prohibit necessary communication between totalisator and parimutuel 
department employees for processing of pool data. 

9.5.18.21 The aAssociation must obtain written approval from the Commission concerning the 
scheduling of Twin Superfecta contests, the percentages of the net pool added to the 
first-half pool and second-half pool, and the amount of any cap to be set on the carryover. 
Any changes to the approved Twin Superfecta format require prior approval from the 
Commission. 







DEPARTMENT OF EDUCATION 
OFFICE OF THE SECRETARY 
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 

14 DE Admin. Code 220 



220 Diversity 







1.0 Definitions 

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

“Diversity” in a school community means it A school community that values diversity is one which 
embraces and builds on the strengths of individual and group differences, and by so doing enriches 
the educational program for all students. A The curriculum that is inclusive of many racial, ethnic, 
regional, religious, linguistic, and socioeconomic groups, and which gives visibility to both women and 
men, to people of all ages, and to persons with disabilities, affirms the richness of our pluralistic 
society. The Secretary of Education believes that students achieve their best in classrooms where 
diversity is commonplace. 

"Success Plan" means the web-based document submitted to the Department of Education as part of 
the request for state and federal funds that provides the mission, goals, objectives, measures, and 
strategies of the district or school. 

2.0 Each School District Shall 

2.1 Infuse information on diverse cultural groups throughout the K to 12 curriculum in order to equip 
students with the knowledge and skills necessary to participate productively in a culturally diverse 
society. 

2.2 Provide professional development to equip all teachers with various instructional techniques and best 
practices. 

2.3 Describe in district strategic success plans and school success plans how disparities and gaps in 
student achievement associated with the student’s gender, race, ethnicity, socioeconomic status, 
limited English proficiency, or disability will be identified and eliminated. 

2.4 Provide student counseling, assessment, discipline and placement that is sensitive to the needs of 
diverse populations. 

2.5 Provide appropriate instruction to limited English proficient students so that they will have success in a 
mainstream classroom where the medium of instruction is English. 

2.6 Describe in the district strategic success plan a strategy to attract and retain a highly skilled and 
committed faculty and staff reflective of the diversity in the school community. 

2.7 Enact measures to avoid and address inequitable and prejudicial behaviors among employees and 
students. 

2.8 Describe in the school success plans specific ways principals and building staff create an atmosphere 
which recognizes, accepts and values diversity as a positive, integral resource of a democratic society. 

2 DE Reg. 1244 (1/1/99) 

7 DE Reg. 1177 (3/1/04) 

OFFICE OF THE SECRETARY 
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 

14 DE Admin. Code 240 





240 Recruiting and Training of Professional Educators for Critical Curricular Areas 







The programs shall be administered in accordance with 14 Del.C. Ch. 11, and the following rules and 
regulations pursuant to the appropriation of funds in the annual Budget Bill. 

1.0 Designation of Critical Curricular Areas 

Annually, on a date not later than the July meeting of the State Board of Education, the Secretary of 
Education shall present a recommendation to the State Board on the Critical Curricular Areas to be 









addressed during that fiscal year. This recommendation will be based upon supply and demand 
information obtained from local school districts and from state and national sources. 

2.0 Allocation of Funds 

Annually, on a date not later than the July meeting of the State Board of Education, the Secretary of 
Education shall present a recommendation to the State Board of Education on the preliminary 
allocation of funds among the five programs authorized by Chapter 11. Final allocations will be based 
upon the total appropriation for that fiscal year and the number of eligible applicants for the five 
programs. 

3.0 Applications 

All applicants for funds under any of the five programs shall be required to complete an application on 
a form prescribed by the Department of Education and shall be required to provide whatever 
information and documents the Department determines are necessary for the effective and efficient 
management of the programs. 

4.0 Academic Year Institute 

The Academic Year Institute is an ongoing program specifically designed to meet certification 
requirements in the critical areas of teacher shortage as determined by the Department of Education. 
This is a part time program which shall be offered during the regular school year. Participants will 
register for a maximum of three semester hours of graduate or undergraduate college courses per 
semester. The Institute will be sponsored by the Department of Education and will be located at the 
University of Delaware and/or Delaware State University. 

4.1 Eligibility 

4.1.1 The candidate shall be employed as a teacher in the public schools of Delaware or in another 
State agency offering secondary education programs. 

4.1.2 The candidate shall submit a completed application and other documentation and information by 
the specified closing date for application. 

4.1.3 The candidate shall express an intent to enroll in a course or courses which will lead to certification 
in one or more of the critical curricular areas. 

4.2 Financial Aid 

4.2.1 Academic Year Institute participants shall receive full support for tuition, textbooks, laboratory fees 
and mileage for approved courses. 

4.2.2 Depending upon the institution and the course or courses in which the participant is enrolled, the 
Department of Education shall either make direct payment to the institution for tuition and 
laboratory fees or will reimburse the participant for costs upon receipt of proper documentation of 
the participant's expenses. 

4.2.3 The Department of Education shall reimburse the participant for expenditures for textbooks and 
mileage upon receipt of a completed personal reimbursement form. 

4.3 Selection Procedures 

4.3.1 Participants shall be selected competitively from the eligible applicants for the program within the 
limits of the funds authorized for the program. 

4.3.2 An application review panel, composed of Department of Education staff members, shall meet 
twice each year after the close of the application period for each semester to review applications 
and select participants. 

5.0 Summer Inservice Program (Summer Institute) 

The Summer Institute Program is a summer program specifically designed to meet certification 
requirements in the critical areas of teacher shortage as determined by the Department of Education. 
The program will be offered during a six week period in the summer beginning not later than the last 
week in June. Participants shall register for a minimum of six semester hours of graduate and 









undergraduate credit in a specifically designed program focused on building skills and knowledge in 
the critical curricular areas. The Summer Institute, modeled after the National Science Foundation 
format, shall be sponsored by the Department of Education and will be located at the University of 
Delaware and/or Delaware State University. 

5.1 Eligibility 

5.1.1 The candidate shall be employed as a teacher in the public schools of Delaware or in another 
State agency offering secondary education programs. 

5.1.2 The candidate shall not be currently certifiable in the critical curricular area being addressed by the 
Summer Institute for which application is made. 

5.1.3 The candidate shall submit a completed application and other required information and 
documentation by the closing date for application. 

5.1.4 The candidate shall express an interest and intent to pursue certification in one or more of the 
critical curricular areas for which he or she is not currently certifiable. 

5.1.5 The candidate shall submit a letter of recommendation from the Superintendent or an appropriate 
supervisor of the candidate's school district or agency. 

5.2 Financial Aid 

5.2.1 Summer Institute participants shall receive full support for tuition, textbooks, and laboratory fees. 
Depending on the institution and the program in which the participant is enrolled, the Department 
of Education shall either make direct payment to the institution for these costs or shall reimburse 
the participant upon receipt of proper documentation of the participant's expenses. 

5.2.2 The participants shall also receive a stipend as determined by the Department of Education. This 
stipend shall be paid by the Department of Education to the participant upon receipt of notification 
from the institution that the participant successfully completed all courses taken with a minimum 
grade of "C". 

5.3 Selection Procedures 

5.3.1 Participants shall be selected competitively from the eligible applicants for the program within the 
limits of the funds authorized for the program. 

5.3.2 An application review panel, composed of Department of Education staff members, shall meet 
annually after the close of the application period to review applications and select participants. 

6.0 Program For Persons From Other Professions Who Will Prepare To Teach 

This program is designed to provide financial assistance to persons from other professions who 
possess the training and skills to teach in the critical curricular areas of teacher shortage as 
determined by the Department of Education but who lack the professional education courses required 
to qualify for a standard certificate. Participants shall be permitted to enroll in the institution of higher 
education of their choice and shall be reimbursed for the tuition costs, within limits specified below, for 
up to six semester hours of credit per semester. 

6.1 Eligibility 

6.1.1 The candidate shall be a resident of the State of Delaware. 

6.1.2 The candidate shall have a graduate or undergraduate degree from an accredited institution of 
higher education in a field related to one or more of the critical curriculum areas. 

6.1.3 The candidate shall first submit official transcripts to the Department of Education for evaluation. 

6.1.4 Candidates who lack no more than six semester credits of coursework from meeting the content 
area requirements in one or more of the critical curriculum areas shall be invited to apply for 
participation in the program. 

6.1.5 The candidate shall submit a completed application form and must express an interest and intent 
to pursue certification. 

6.1.6 The candidate shall submit a plan outlining educational plans, including a timeline, to complete the 
professional education courses needed to obtain certification. 

6.2 Financial Aid 









6.2.1 The participant shall receive financial support for tuition costs for up to six semester hours of credit 
per semester. 

6.2.2 The participant may receive assistance for a maximum of thirty semester credits of professional 
education courses but must update his or her application and receive approval in advance each 
semester. 

6.2.3 The participant shall be reimbursed for tuition costs in an amount not greater than the tuition 
charged a Delaware resident by the University of Delaware for a course or courses of equal credit 
value. 

6.2.4 The Department of Education shall reimburse the participant upon receipt of proper 
documentation of the participant's expenses and upon receipt of notification from the institution 
that the participant successfully completed the courses for which reimbursement is requested with 
a minimum grade of "C". 

6.3 Selection Procedures 

6.3.1 An application review panel, composed of Department of Education staff members shall meet on 
an as needed basis to review applications and select participants. 

6.3.2 Participants shall be selected from eligible applicants on a first come basis, except that applicants 
approved for one semester will be given preference in future semesters until they complete their 
educational requirements, use their total eligibility, or are unsuccessful in achieving the minimum 
grade of "C" in approved courses. 

6.3.3 Participants shall be limited and the approval process will be terminated when authorized funds for 
this program in any fiscal year have been allocated. 

7.0 Teacher Scholarship Loan Programs 

The Teacher Scholarship Loan Program is designed to meet certification requirements in the critical 
areas of teacher shortage as determined by the Department of Education. This is a full time program 
offered during the regular school year. As a minimum, participants shall register for the number of 
semester hours required of a full time student. 

7.1 Eligibility 

7.1.1 The candidate shall have taught in a Delaware public school for at least one year prior to the year 
in which the scholarship is to be used. 

7.1.2 The candidate shall be employed as a teacher in a Delaware public school and/or must be a 
resident of the State of Delaware at the time of application. 

7.1.3 The candidate shall express an interest and intent to pursue certification in one or more of the 
critical curricular areas identified by the Department of Education. 

7.1.4 The candidate shall hold a standard Delaware teaching certificate but must not be currently 
certifiable in the critical curricular area specified in 7.1.3 above. 

7.1.5 The candidate shall submit a completed application and other documentation and information by 
the specified closing date for application. 

7.1.6 The candidate shall, if currently employed, have prior approval from his or her employing local 
district board of education. 

7.1.7 The candidate shall be accepted into an approved program in an institution of higher education 
leading to certification in the critical curriculum area specified in 7.1.3 above. 

7.2 Financial Aid 

7.2.1 Teacher Scholarship Loan Program participant shall receive a scholarship in an amount equal to 
the salary he or she would receive for service as a teacher, as specified in 14 Del.C. c. 13. 

7.2.2 A participant, who was employed by a Delaware public school district in the year prior to receipt of 
the scholarship and who is on leave of absence during the year of the scholarship, shall continue 
to receive all State supported employee benefits through a grant from the Department of 
Education to the employing district. (Such participants shall be considered to be on sabbatical 









leave and for purposes of salary increments and pension eligibility and computation, a year of 
leave shall be considered a year of experience as provided in 14 Del.C. §1325(9). 

7.2.3 A participant may receive a local salary supplement and local employee benefits if the employing 
district elects to provide them at the expense of the employing district. 

7.2.4 A district shall also be eligible to receive an interest free loan, in an amount to be determined by 
the Department of Education, which the participant may use to defray the cost of tuition and books. 
The actual amount of the loan will be dependent upon estimated costs of these two items and 
other financial resources available to the participant. 

7.2.5 Participants receiving a loan shall execute a promissory note, in the amount of the loan, to the 
State Treasurer. This note will be forgiven at the rate of one third of the loan for each of three 
years of teaching in a Delaware public school after completion of the study authorized. In any year 
the teacher fails to meet the teaching obligation, the loan shall be due and payable for the unpaid 
balance plus interest specified in the note. 

7.3 Selection Procedures 

7.3.1 Participants shall be selected competitively from the eligible applicants for the program within the 
limits of the funds authorized for the program. 

7.3.2 The applicant review panel, composed of Department of Education staff members, shall meet 
once each year at the close of the application period to review applications. 

8.0 Student Loan Program 

The Student Loan Program is for Delaware residents who are accepted into an institution of higher 
learning to be trained as a teacher in the critical area of teacher shortage as determined by the 
Department of Education. A student selected for the program may attend any accredited college or 
university in the United States where the appropriate training will result in certification as a teacher for 
a critical area of teacher shortage as determined by the Department of Education. 

8.1 Eligibility 

8.1.1 The candidate shall have been a Delaware resident for a period of one year at the time of 
application. 

8.1.2 The candidate shall have Scholastic Aptitude Test (SAT) scores of 500 verbal and 500 
quantitative. Candidates already in a college or university program must be maintaining a "C" 
average or better in courses in the critical curriculum areas. 

8.1.3 The candidate shall have been admitted to an accredited college or university program directed 
toward certification in a critical curricular area as determined by the Department of Education. 

8.1.4 The candidate shall submit a completed application and other documentation and information by 
the specified date for application. 

8.2 Financial Aid 

8.2.1 Student Loan Program participants shall receive a loan, the amount to be determined by the 
Department of Education, for one year's study, less scholarship aid available from other sources. 

8.2.2 The loan may be renewed from year to year through a four year training program. 

8.2.3 Participants in the Student Loan Program shall execute a promissory note, in the amount of the 
loan, to the State Treasurer. The entire note will be forgiven on the basis of two years of teaching 
in a Delaware public school in a critical curriculum area for each year of loan granted. 

8.2.4 Each year of the loan will be interest free to those who meet the two year teaching obligation for 
each year of loan granted. 

8.2.5 In the event that the participant does not graduate, does not continue to study in the critical 
curriculum area, or does not meet the teaching obligation, the entire loan, with interest specified by 
the State Treasurer, shall be due and payable. Payment of the note and interest shall be in 
accordance with the time schedule specified in the note. 

8.2.5.1 Pursuant to 14 Del.C. §1108(b) an exception may be made to 8.2.5 of this regulation in 
that the loan may be forgiven by the Secretary of Education if it is determined that the 









recipient is unable to meet his or her payment obligation because of total and permanent 
disability or death. For purposes of this regulation, total and permanent disability shall 
mean the loan recipient is unable to work and earn money because of an injury or illness 
that is expected to continue indefinitely or result in death. In order to qualify for this 
exception the loan recipient must provide documentation that has been completed, signed 
and certified by a licensed doctor of medicine or doctor of osteopathy with the following 
information: 

8.3 Selection Procedures 

8.3.1 Participants shall be selected competitively from the eligible applicants for the program within the 
limits of the funds authorized for the program. 

8.3.2 The applicant review panel, composed of Department of Education staff members, shall meet 
twice each year at the close of the application period for each semester to review applications. 

3 DE Reg. 100 (7/1/99) 

7 DE Reg. 994 (2/1/04) 

Professional Standards Board 
Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 

14 DE Admin. Code 1580 





1580 School Library Media Specialist 







1.0 Content 

This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. 
§1220(a), for Library Media Specialist. 

2.0 Definitions 

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

"Department" means the Delaware Department of Education. 

"License" means a credential which authorizes the holder to engage in the practice for which the 
license is issued. 

"Standard Certificate" means a credential issued to certify that an educator has the prescribed 
knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a 
category of students. 

3.0 Standard Certificate 

In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Library 
Media Specialist to an applicant who holds a valid Delaware Initial, Continuing, or Advanced License; 
or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, and 
who meets the following requirements: 

3.1 Bachelor's degree in any content area from a regionally accredited college or university; and, 

3.2 Completion of a Master's degree from a regionally accredited college or university in an American 
Library Association (ALA) approved program in School Library Media; or, 

3.3 Master's degree from a regionally accredited college or university in any other content area, including 
a general Media Library Specialist (MLS) degree, and completion of a program in School Library Media 
approved by the Department pursuant to 14 DE Admin. Code 290 which meets ALA Standards. 

7 DE Reg. 632 (11/1/03) 

Renumbered effective 6/1/07 - see Conversion Table 

1.0 Content 

1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), 
for School Library Media Specialist. This certification is required for grades K to 12. 

1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard 
Certificate, including any subsequent amendment or revision thereto, are incorporated herein by 
reference. 

2.0 Definitions 

2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent 
amendment or revision thereto, are incorporated herein by reference. 

3.0 Standard Certificate 

3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a School 
Library Media Specialist to an educator who has met the following: 

3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or Standard or Professional 
Status Certificate issued by the Department prior to August 31, 2003; and, 

3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including 
any subsequent amendment or revision thereto; and 

3.1.3 Has satisfied the additional requirements in this regulation. 









4.0 Additional Requirements 

An educator shall also meet the following: 

4.1 Has satisfied at least one of the following additional requirements: 

4.1.1 Holds a Masters or Doctoral degree from a regionally accredited college or university in an 
American Library Association approved program in School Library Media; or 

4.1.2 Holds a Masters or Doctoral degree from a regionally accredited college or university in any area; 
and 

4.1.2.1 Has completed a Department approved School Library Media program which meets 
American Library Association Standards. 

7 DE Reg. 632 (11/1/03) 

Renumbered effective 6/1/07 - see Conversion Table 

Professional Standards Board 
Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 

14 DE Admin. Code 1597 





1597 Delaware Professional Teaching Standards 







1.0 Content 

The Delaware Professional Teaching Standards establish a common set of knowledge, skills, and 
attributes expected of Delaware's teachers. In accordance with 14 Del.C. §1205, this regulation shall 
be applied to all teachers employed within the public schools and charter schools of the State of 
Delaware. 

7 DE Reg. 75 (7/1/03) 

2.0 Definitions 

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

"Alignment of Assessment" means the ability to determine what students know and are able to do 
with respect to the curriculum is dependent upon how well the assessment methods and tasks are 
aligned with, or in agreement with, the curriculum. Assessments should be aligned with the content of 
the curriculum, consistent with the instructional approaches, and address the range of topics as 
weighted in the curriculum. 

"Authentic Experiences" means the use of performances, or "authentic activities", such as writing a 
letter, solving a real world mathematics problem, or investigating a question in science, as a way to 
teach and to assess student learning. 

"Culturally or Linguistically Diverse" means students and families who come to schools with 
cultural and/or language backgrounds that differ from the predominant experience of monolingual 
English speakers. The term calls attention to the range of geographic background, cultural heritage, 
and level of English proficiency found among students in schools. 









"Codes of Conduct" mean codes of conduct adopted by professional educational organizations that 
establish the ethical parameters that guide professional behavior. The codes range from general 
guides for teachers (NEA) to more specific guidelines for teachers of certain subject area. 

"Communication Theory" means an understanding of the principles of communication theory (e.g., 
productive and receptive communication, cultural context of language, metacommunication) as they 
apply in practice in the classroom. 

"Community" means the school community and includes teachers, administrators, students, parents, 
guardians and Relative Caregivers. However, the schools are a part of a larger community (i.e., 
neighborhood, town, city) that supports the school and the students will live. 

"Disciplines" means academic disciplines which include the arts, humanities, languages, 
mathematics, and natural and social sciences that provide the basis of the subjects taught in schools. 

"Discourse" means to both the writing and speaking in the classroom that teachers and students 
engage in as they seek ways to represent ideas, concepts and their thinking. It is the ways in which 
they discuss agree and disagree, and explore the discipline. 

"Diverse Learners" means students are individuals who differ in the ways in which they learn. They 
have different learning styles, modalities, interests, talents and personalities, all of which affect the 
ways in which teachers design instruction. 

"Domains" means the broad areas of human development, intellectual, social, emotional, and 
physical, that influence learning. 

"Educational Technology" means the use of any technology (e.g., word processing, data retrieval, 
electronic mail) as a set of skills that can be learned and used to support learning in the classroom. 

"Habits of Mind" mean mental habits influence what students do and how they learn. The 
development of habits of mind, like perseverance, confidence, a willingness to explore new ideas and 
experiment, seeking feedback from others, valuing accuracy and precision, avoiding impulsivity, are a 
part of the teaching and learning process. 

"Health" means health issues that can affect learning range from cerebral palsy, Downs Syndrome, 
and other severe disabilities to less pronounced and not easily detected concerns such as diabetes or 
asthma or nutrition. An awareness of these conditions and how they affect learning furthers a teacher's 
ability to meet the needs of students. 

"Instructional Technology" means the use of specific technologies that are integrated with content to 
enhance learning within the disciplines (e.g., graphing calculators in mathematics, accounting or tax 
software in business, editing software for writing). 

"Learning Theory" means an understanding of the principles of learning theory (e.g., behaviorism, 
constructivism, transmission of knowledge) as they apply in practice in the classroom. 

"Meaningful (to students)" means to convey a sense of purpose to students for their learning. The 
content takes on significance because of the connections that are made between the learning and 
students' lives. It helps students make sense out of what they are learning. 

"Measurement Theory" means an understanding of the principles of measurement theory (e.g., 
validity, reliability, bias in testing, test construction, interpretation of tests) as they apply in practice in 
the classroom. 

"Media Communication" means the use of technologies that document events (e.g., audiotape, 
videotape, electronic transfer of information through computer programs) as a means of 
communicating information. 

"Methods (Process) of Inquiry" means the process through which students make new discoveries, 
extend their knowledge, or deepen their understandings of things they already know. Students need to 
be able to create, observe, compare, question, record and interpret data, evaluate and revise, search 
resources, and share information. 

"Multicultural" means diverse cultural backgrounds of students and their families and school 
personnel, with an emphasis on their ethnicity, race, religion, gender, socio-economic status, and 
family structures. The term takes on importance in the development of teachers as they learn to 
recognize the importance of these factors in the education process. 









"Multiple Assessments" means decisions about what students know and are able to do should be 
based on an analysis of information obtained from a variety of sources of evidence. Assessments 
should be conducted in a variety of formats (e.g., written and oral tests, observations, performances) 
and address the full range of content. 

"Multiple Intelligences" means based on the writing of Howard Gardner, the identification of seven 
abilities (i.e., linguistic, logical, mathematical, spatial, musical, bodily kinesthetic, inter personal, intra 
personal) that describe distinct aspects of "intelligent." 

"Nonverbal Communication" means communication through means other than the use of words 
(e.g., facial expressions, body position, action). 

"Pedagogical Knowledge" means the knowledge of how to teach the knowledge of instructional 
methods. 

"Performance" means carrying out or completing an activity or production which displays a student's 
knowledge and ability through demonstration. 

"Performance Modes" means the range of ways in which students can demonstrate what they know 
and are able to do (e.g., writing, speaking, visual works, videotapes, enacting). 

"Professional Growth" means the process in which teachers examine the relationship between what 
they and their students are doing and what their students are learning. This process involves self 
reflection and feedback from students and colleagues and an exploration of the findings from research, 
as well as the use of this information as the basis for improving personal practice in the future. 

"Structures" means the structures of disciplines which provide the overall framework which both 
connects and transcends the skills and content of the discipline. The big picture or outline of the 
discipline helps students understand the commonalties and the interrelationships of concepts within a 
discipline. An understanding of the structure of a discipline allows students to see connections as they 
acquire new knowledge. 

"Technology" means the use of the word technology is meant to encompass both educational and 
instructional technology within this document unless one of these terms is used specifically. 

"Theory" means the knowledge of the principles and methods of a science (e.g., learning, 
measurement) as contrasted with its application. 

7 DE Reg. 75 (7/1/03) 

3.0 Content Knowledge 

The teacher understands the core concepts and structure(s) of the discipline(s) and their related 
content standards and creates learning experiences that make the content meaningful to students. 

3.1 Knowledge Components 

3.1.1 Understands major concepts, principles, and theories that are central to the discipline 

3.1.2 Understands the dynamic and complex nature of the content of the discipline 

3.1.3 Understands the processes of inquiry central to the discipline 

3.1.4 Understands the relationship of knowledge within the discipline to other content areas and to life 
applications 

3.2 Performance Indicators 

3.2.1 Uses a variety of explanations and multiple representations of concepts to help develop 
conceptual understanding 

3.2.2 Anticipates and adjusts for common misunderstandings that impede learning within the discipline 

3.2.3 Engages students in generating and testing knowledge according to the processes of inquiry of 
the discipline 

3.2.4 Creates learning experiences that make connections to other content areas and to life experiences 

7 DE Reg. 75 (7/1/03) 









4.0 Human Development and Learning 

The teacher understands how children develop and learn and provides learning opportunities that 
support the intellectual, social, emotional and physical development of each learner. 

4.1 Knowledge Components 

4.1.1 Understands learning theory, including how students construct knowledge, acquire skills, and 
develop habits of mind 

4.1.2 Understands human development, including the ranges of individual variation within each domain 

4.1.3 Understands the interaction between student development and learning 

4.2 Performance Indicators 

4.2.1 Chooses developmentally appropriate instructional strategies that promote student learning 

4.2.2 Develops concepts and principles at different levels of complexity so that they are meaningful to 
students at varying levels of development 

7 DE Reg. 75 (7/1/03) 

5.0 Diverse Learners 

The teacher understands how students differ and adapts instruction for diverse learners. 

5.1 Knowledge Components 

5.1.1 Understands how student learning is influenced by individual experiences, talents, and prior 
learning, as well as language, culture, gender, health, family, and community 

5.1.2 Understands differences in approaches to learning and performance, including learning styles, 
multiple intelligences, and performance modes 

5.1.3 Understands cultural diversity and how to incorporate multicultural experiences into instruction 

5.1.4 Understands areas of exceptionality in learning, including talented and gifted and special needs, 
and how to access strategies to accommodate individual differences 

5.1.5 Understands the process of second language acquisition and how to access strategies to support 
learning for students whose first language is not English 

5.1.6 Understands the needs of culturally or linguistically diverse students 

5.1.7 Understands when and how to access appropriate resources or services to meet special learning 
needs 

5.1.8 Understands the major principles and parameters of federal and state disability legislation and 
regulation. 

5.2 Performance Indicators 

5.2.1 Accepts and values all students 

5.2.2 Treats all students equitably 

5.2.3 Respects students as individuals with differing experiences, skills, talents, and interests 

5.2.4 Uses cultural diversity and individual student experiences to enrich instruction 

5.2.5 Designs instructional activities that address the range of student learning styles, multiple 
intelligences and performance modes 

5.2.6 Makes appropriate provisions for individual students who have particular learning differences or 
needs 

7 DE Reg. 75 (7/1/03) 

6.0 Communication 

The teacher understands and uses effective communication. 

6.1 Knowledge Components 

6.1.1 Understands the general types of communication strategies and appropriate assistive technology 
that can be incorporated as a regular part of their instruction. 

6.1.2 Understands effective oral, written, nonverbal, and media communication techniques 









6.1.3 Understands the importance of audience and purpose when selecting ways to communicate ideas 

6.1.4 Understands potential positive and negative effects of their verbal and non verbal messages on 
students with cultural, gender and ability differences. 

6.2 Performance Indicators 

6.2.1 Uses a variety of communication techniques 

6.2.2 Communicates effectively with diverse populations 

6.2.3 Models accurate and grammatically correct language 

6.2.4 Creates opportunities for students to learn effective communication 

7 DE Reg. 75 (7/1/03) 

7.0 Learning Environment 

The teacher understands individual and group behavior and creates a learning environment that 
fosters active engagement, self motivation, and positive social interaction. 

7.1 Knowledge Components 

7.1.1 Understands principles of effective classroom management 

7.1.2 understands factors that influence motivation and engagement and how to help students become 
self motivated 

7.1.3 Understands individual behavior and how individuals behave in groups 

7.1.4 Understands group dynamics and how groups function within a community 

7.1.5 Understands how to help students learn to participate effectively in groups 

7.2 Performance Indicators 

7.2.1 Establishes and maintains a classroom environment with clear expectations and standards of 
behavior 

7.2.2 Organizes, allocates, and manages time, materials, and physical space to support learning 

7.2.3 Establishes classroom practices that promote a safe environment 

7.2.4 Creates a learning community which respects individual differences 

7.2.5 Establishes a classroom environment which promotes positive relationships, cooperation, and 
purposeful learning 

7.2.6 Creates a classroom environment where student thoughts and ideas are a basis for exploring and 
developing understanding 

7.2.7 Creates a learning community in which students work independently and collaboratively 

7.2.8 Encourages students to assume responsibility for their own learning and behavior 

7 DE Reg. 75 (7/1/03) 

8.0 Planning for Instruction 

The teacher understands instructional planning and designs instruction based upon knowledge of the 
disciplines, students, the community, and Delaware's student content standards. 

8.1 Knowledge Components 

8.1.1 Understands how to incorporate learning theory, content, curriculum development, and 
assessment, and student development when planning 

8.1.2 Understands that effective instructional planning includes the alignment of assessment and 
instruction prior to implementation 

8.1.3 Understands how to develop short and long range plans consistent with curriculum goals, learner 
diversity, and learning theory 

8.1.4 Understands how to make connections between student experiences and education goals 

8.1.5 Understands how to maximize the participation and engagement of students with disabilities in a 
general or expanded curriculum. 

8.2 Performance Indicators 









8.2.1 Evaluates teaching resources and materials for accuracy and usefulness 

8.2.2 Applies principles of scope and sequence when planning instruction 

8.2.3 Creates approaches to learning that are interdisciplinary and that integrate multiple content areas 

8.2.4 Creates and selects learning materials and learning experiences appropriate for the discipline and 
curriculum goals 

8.2.5 Uses student prior knowledge and principles of effective instruction to plan learning activities 
relevant to students 

8.2.6 Incorporates authentic experiences into instructional planning 

8.2.7 Creates multiple learning activities that allow for student choice 

8.2.8 Establishes and communicates expectations for student learning 

8.2.9 Creates and adapts short and long range plans to achieve the expectations for student learning 

8.2.10 Incorporates assessment components into instructional planning 

7 DE Reg. 75 (7/1/03) 

9.0 Instructional Strategies 

The teacher understands a variety of instructional approaches and uses them to promote student 
thinking, understanding, and application of knowledge. 

9.1 Knowledge Components 

9.1.1 Understands principles and techniques of a broad range of instructional approaches, including 
questioning, problem solving, discourse, activation of prior knowledge, and student reflection on 
learning 

9.1.2 Understands the relationship between instructional approaches, assessment, and the types of 
learning promoted 

9.1.3 Understands how instructional materials and educational technologies enhance learning 

9.2 Performance Indicators 

9.2.1 Uses a range of instructional approaches that allows students to explore concepts and develop an 
in depth understanding of content 

9.2.2 Designs lessons that routinely engage students in activities that develop problem solving and 
critical thinking skills 

9.2.3 Designs instructional activities that provide opportunities for students to apply knowledge 

9.2.4 Uses a variety of materials and educational technologies to enhance student thinking and further 
conceptual understanding 

9.2.5 Assumes different roles in the instructional process based on the content and purposes of 
instruction 

9.2.6 Uses a range of questioning techniques to promote different levels of understanding 

9.2.7 Emphasizes communication as a vehicle for learning, through the use of discussion, listening, 
collaboration, and responding to the ideas of others 

9.2.8 Links new concepts to student prior knowledge 

9.2.9 Promotes student awareness of their own thought processes and how to use reflection to build 
new understandings 

9.2.10 Incorporates assessment components into instructional delivery 

7 DE Reg. 75 (7/1/03) 

10.0 Assessment 

The teacher understands multiple assessment strategies and uses them for the continuous 
development of students. 

10.1 Knowledge Components 









10.1.1 Understands measurement theory, including principles of testing and assessment (e.g., design, 
validity, reliability, and bias) 

10.1.2 Understands assessment as a means of collecting information about student progress 

10.1.3 Understands the purposes and characteristics of different kinds of assessments 

10.1.4 Understands how to select, construct, and use assessment strategies and instruments for 
diagnosis and evaluation of learning 

10.1.5 Understands how to use the results of assessment to reflect on and modify teaching 

10.2 Performance Indicators 

10.2.1 Uses assessment to diagnose student learning needs as a basis for designing instruction 

10.2.2 Uses a variety of assessment modes and multiple measures to evaluate student learning 

10.2.3 Uses both formal and informal assessment strategies to monitor and evaluate student 
understanding, progress, and performance 

10.2.4 Aligns assessment with instruction 

10.2.5 Maintains accurate records and communicates student progress 

10.2.6 Involves students in self assessment to help them become aware of their strengths and needs 

10.2.7 Encourages students to establish personal goals for learning based on self-assessment and 
assessment results 

10.2.8 Modifies instruction based on assessment results 

7 DE Reg. 75 (7/1/03) 

11.0 Professional Growth 

The teacher understands the importance of continuous learning and pursues opportunities to improve 
teaching. 

11.1 Knowledge Components 

11.1.1 Understands that reflection on teaching is an integral part of professional growth 

11.1.2 Understands the implications of educational research for teaching 

11.1.3 Understands methods of inquiry that provide for a variety of self assessment and problem solving 
strategies for reflecting on practice 

11.2 Performance Indicators 

11.2.1 Engages in continuous learning 

11.2.2 Participates in professional discourse about educational issues 

11.2.3 Uses classroom observation, information about students, pedagogical knowledge, and research 
as sources for active reflection, evaluation, and revision of practice 

11.2.4 Collaborates with other professionals as resources for problem solving, generating new ideas, 
sharing experiences, and seeking and giving feedback 

7 DE Reg. 75 (7/1/03) 

12.0 Professional Relationships 

The teacher understands the role of the school in the community and collaborates with colleagues, 
parents, guardians or Relative Caregivers, and other members of the community to support student 
learning and well being. 

12.1 Knowledge Components 

12.1.1 Understands how schools are organized and operate 

12.1.2 Understands schools as organizations within the larger community context 

12.1.3 Understands the importance of community school interaction 

12.1.4 Understands the importance of collaboration in education 

12.2 Performance Indicators 

12.2.1 Cooperates with colleagues to develop an effective learning climate within the school 









12.2.2 Collaborates with other professionals to solve problems and make decisions to promote student 
success 

12.2.3 Develops relationships with parents, guardians and Relative Caregivers to acquire an 
understanding of the students' lives outside of the school 

12.2.4 Works effectively with parents, guardians, Relative Caregivers and other members of the 
community to advocate for student need and to promote learning 

12.2.5 Identifies and uses community resources to enhance student learning and to provide opportunities 
for students to explore career opportunities 

13.0 Educational Technology 

The teacher understands the role of educational technology in learning and uses educational 
technology as an instructional and management tool. 

13.1 Knowledge Components 

13.1.1 Understands how to use various educational technological tools to access and manage 
information 

13.1.2 Understands how to integrate educational technology into classroom instruction 

13.1.3 Understands how to review and evaluate educational technologies to determine instructional value 

13.1.4 Understands the uses of instructional technology to address student needs 

13.2 Performance Indicators 

13.2.1 Designs instruction to promote student skills in the use of educational technologies to access and 
manage information 

13.2.2 Uses a wide range of instructional technologies to enhance student learning and problem solving 

13.2.3 Uses technological advances in communication to enrich discourse in the classroom 

13.2.4 Uses appropriate educational technology to create and maintain data bases for monitoring student 
progress 

14.0 Professional Conduct 

The teacher understands and maintains standards of professional conduct guided by legal and ethical 
principles. 

14.1 Knowledge Components 

14.1.1 Understands school policies and procedures 

14.1.2 Understands legal issues in education 

14.1.3 Understands the codes of conduct of professional education organizations 

14.2 Performance Indicators 

14.2.1 Acts in the best interests of students 

14.2.2 Follows school policies and procedures, respecting the boundaries of professional responsibilities, 
when working with students, colleagues, and families 

14.2.3 Follows local, state, and federal law pertaining to educational and instructional issues, including 
regulations related to student rights and teacher responsibilities 

14.2.4 Interacts with students, colleagues, parents, and others in a professional manner 

14.2.5 Follows codes of professional conduct adopted by the Delaware Professional Standards Board. 

7 DE Reg. 75 (7/1/03) 

Renumbered effective 6/1/07 - see Conversion Table 









DEPARTMENT OF HEALTH AND SOCIAL SERVICES 
DIVISION OF PUBLIC HEALTH 
Statutory Authority: 16 Delaware Code, Section 1008A (16 Del.C. §1008A) 

16 DE Admin. Code 4202 



4202 Control of Communicable and Other Disease Conditions 
7.0 Control of Specific Contagious Diseases 

(Break in Continuity of Sections) 

7.6 Hospital Acquired Infections 

By January 1, 2008, hospital acquired infections shall be reported to the Centers for Disease Control 
and Prevention (CDC) through the National Healthcare Safety Network (NHSN) in accordance with the 
NHSN and the Department of Health and Social Service requirements and procedures as cited in 16 
Del.C. Ch. 10A. 

7.6.1 Definitions 









For the purpose of this section, the following definitions shall apply. 

“Centers for Disease Control and Prevention (CDC)” An agency of the United States 
Department of Health and Human Services who works to protect public health and safety by 
providing information to enhance health decisions, and promoting health through partnerships with 
state health departments and other organizations. The CDC focuses national attention on 
developing and applying disease prevention and control (especially nfectious diseases), 
environmental health, occupational safety and health, health promotion, pevention and education 
activities designed to improve the health of the people of the United States. 

“Correctional Facility” Any health care facility operated at any Department of Correction facility 
in this State. 

“Department” The Department of Health and Social Services 

“Hospital Acquired Infection (HAI)” A localized or systemic condition that results from adverse 
reaction to the presence of an infectious agent(s) or its toxin(s); and that was not present or 
incubating at the time of admission to the hospital or the correctional facility. 

“Hospital Acquired Infection Advisory Committee” A group that is appointed by the Secretary 
of the Department that includes one (1) infection control professional who has responsibility for 
infection control programs from each hospital or health care system in Delaware, four (4) 
infectious disease physicians with expertise in infection control, and one (1) representative from 
the State Division of Public Health, and the Public Health Hospital Infections Specialist responsible 
for collating and reporting data. The Secretary shall also appoint seven (7) other members of the 
Committee including representatives from direct care nursing staff, academic researchers, 
consumer organizations, health insurers, health maintenance organizations, organized labor and 
purchasers of health insurance, such as employers. 

“Infection Control Practitioner (ICP)” A registered nurse, physician, epidemiologist, or medical 
technologist who helps to prevent healthcare-acquired infections by isolating sources of infections 
and limiting their spread. The ICP systematically collects, analyzes and interprets health data in 
order to plan, implement, evaluate and disseminate appropriate public health practices. The ICP 
also trains healthcare staff through instruction and dissemination of information on infection control 
practices. 

“National Healthcare Safety Network (NHSN)” An internet-based surveillance system that is 
voluntary and confidential. It is managed by the Division of Healthcare Quality Promotion at the 
CDC and used for the monitoring events associated with health care. It provides risk adjusted data 
to the participating facilities to analyze in order to recognize trends. Its initial focus is on infections 
in patients and healthcare personnel. There are plans to expand NHSN to include noninfectious 
events (such as process measures). 

“Public Report” the report provided to the hospitals, correctional facilities and the public by the 
Department as set forth in § 1003A(b) of this title. (76 Del. Laws, c. 122, §1). 

“Secretary” The Secretary of the Department of Health and Social Services 

7.6.2 Membership in NHSN 

7.6.2.1 All hospitals in the State shall join the CDC’s NHSN. If the NHSN is not open for enrollment 
to all hospitals by this date, all hospitals shall join the NHSN within 180 days after the CDC 
permits such enrollment. 

7.6.2.2 Hospitals shall confer rights to the Department to have access to hospital-specific data 
contained in the NHSN database consistent with the requirements of this chapter. (76 Del. 
Laws, c. 122, §1). 

7.6.2.3 Hospital staff assigned to fulfill the obligations of reporting under these regulations shall be 
trained and shall follow the methods and procedures required by the NHSN as a condition 
of participation. 

7.6.3 Persons and Institutions Required to Report 









7.6.3.1 Physicians, who perform a clinical procedure, shall report to the ICP of the hospital where 
the clinical procedure was performed any hospital-acquired infection that the physician 
diagnosed at a follow-up appointment with the patient. 

7.6.3.2 The hospital’s reporting officer or his or her designee shall submit quarterly data on his or 
her hospital acquired infection rates to the Department through the NHSN, using the 
accepted CDC’s NHSN definitions. 

7.6.3.3 Correctional facilities shall collect data on hospital acquired infections and infections in the 
correctional health care facilities as determined by the Hospital Acquired Infection 
Advisory Committee and promulgated by the Department. They shall report this data to 
the Department on a monthly basis. 

7.6.3.4 If the hospital is a division or subsidiary of another entity that owns or operates other 
hospitals or related organizations, the quarterly report shall be for the specific division of 
subsidiary and not for the other entity. 

7.6.4 Reporting of Data 

7.6.4.1 Hospitals shall collect data on hospital acquired infection rates related to central linerelated 
bloodstream infections (CLBSI) in an intensive care unit (ICU) on a monthly basis. 

7.6.4.2 Other hospital-acquired infection rates shall be updated by the order of the Department 
per determination by the Hospital Acquired Infection Advisory Committee. 

7.6.4.3 Hospitals shall report hospital acquired infections pursuant to 7.6.4.1 and 7.6.4.2 to the 
NHSN. In making such reports, hospitals shall abide by the reporting procedures required 
for NHSN participation, including the frequency of reports, the information to be reported, 
and other standards required by the NHSN. 

7.6.5 Quarterly Reports 

7.6.5.1 In addition to reports of data required by 7.6.4, hospitals, including the Department of 
Correction, shall report the following information to be included in the quarterly report 
issued by the Department. This background information shall be included in the Public 
Report. 

7.6.5.1.1 For each hospital, adult and pediatric populations of each hospital, whether the 
hospital provides tertiary care, bed size, and specialty divisions of each hospital and 
whether a hospital is a teaching or a non-teaching institution shall be provided to the 
Department. 

7.6.5.1.2 All physicians who perform clinical procedures and the hospital at which the clinical 
procedures were performed when a hospital-acquired infection was diagnosed at a 
follow-up appointment with the patient shall be included in the report. The infection 
control department of each hospital shall only be required to report those physicianreported 
infections that meet the accepted NHSN definitions. This information shall be 
included in the hospital reports to the Department. 

7.6.5.1.3 For Department of Correction, the population census of each infirmary facility, the type 
of facility, the number of beds in correctional health facilities, and the types of medical 
care that are provided to the inmates shall be reported to the Department. 

7.6.5.2 Quarterly reports shall be available to each hospital 45 days after submittal to the 
Department for review by the hospitals and correctional facilities. The hospitals and 
correctional facilities shall have 7 days to review the quarterly reports and report any 
changes or provide additional summary information to the Department. Following the 7- 
day review period, such quarterly reports shall be made available to the public at each 
hospital, each correctional facility, and through the Department (the "Public Report"). 

7.6.5.3 In addition to reports of data required by 7.6.4, hospitals, including the Department of 
Correction, shall report the following information. Each hospital and correctional facility 
shall provide a brief summary report to comment on performance improvement, changes 
in patient population, and risk factors. The information contained in this report shall be 
considered proprietary information and shall be utilized by the Department. Such 









information shall not be included in the quarterly report issued by the Department and 
shall not otherwise be disclosed to the public. 

7.6.6 No hospital report or Department disclosure may contain information identifying a patient, 
employee or licensed health care professional in connection with a specific infection incident. (76 
Del. Laws, c. 122, §1.) 

AIDS (S) 

Amoebiasis 

Anthrax (T) 

Arboviral human infections (including West Nile Virus, Eastern Equine Encephalitis, etc.) 

Babesiosis 

Botulism (T) 

Brucellosis (T) 

Campylobacteriosis 

Central line related bloodstream infections in an intensive care unit (H) 

Chancroid (S) 

Chickenpox (Varicella) 

Chlamydia (S) 

Cholera (toxigenic Vibrio cholerae 01 or 0139) (T) 

Coccidioidomycosis 

Creutzfeldt-Jakob Disease (T) 

Cryptosporidiosis 

Cyclosporiasis 

Cytomegalovirus (neonatal only) 

Dengue Fever (T) 

Diphtheria (T) 

Enterhemorrhagic E.coli including but not limited to E.coli 0157:H7 (T) 

Ehrlichiosis 

Encephalitis 

Enterococcus species, Vancomycin resistant (A) 

ESBL resistance (Extended-Spectrum B-lactamases) (A) 

Foodborne Disease Outbreak (T) 

Giardiasis 

Glanders (T) 

Gonorrhea (S) 

Granuloma inguinale (S) 

Guillain-Barre 

Hansen's Disease (Leprosy) 

Hantavirus (T) 

Haemophilus influenzae, invasive 

Hemolytic Uremic Syndrome (T) 

Hepatitis A (T) 

Hepatitis B 









Hepatitis C 

Hepatitis Other 

Herpes, congenital (S) 

Herpes, genital (S) 

Histoplasmosis 

HIV (S) 

Human Papillomavirus (S) 

Influenza 

Influenza Associated Infant Mortality (T) 

Kawasaki Syndrome 

Lead Poisoning 

Legionellosis 

Leptospirosis 

Listeriosis 

Lyme Disease 

Lymphogranuloma venereum (S) 

Malaria 

Measles (T) 

Melioidosis 

Meningitis 

Meningococcal Infections, all types (T) 

Monkey Pox (T) 

Mumps (T) 

Norovirus 

Nosocomial (Healthcare Associated) Disease Outbreak (T) 

Pelvic Inflammatory Disease (N. gonorrhea, C. trachomatis, or unspecified) (S) 

Pertussis (T) 

Plague (T) 

Poliomyelitis (T) 

Psittacosis 

Q Fever 

Rabies (man and animal) (T) 

Reye Syndrome 

Rheumatic Fever 

Ricin Toxin (T) 

Rickettsial Disease 

Rocky Mountain Spotted Fever 

Rubella (including congenital which is rapidly reportable) 

Rubella, congenital (T) 

Salmonellosis 

Severe Acute Respiratory Syndrome (SARS) (T) 

Shigatoxin Production 

Shigellosis 

Silicosis 

Smallpox (T) 

Staphylococcal Enterotoxin (T) 









DEPARTMENT OF INSURANCE 
Statutory Authority: 18 Delaware Code, Sections 311; 19 Delaware Code, Section 2322B 







804 Workers' Compensation Provision of Services Contracts 
1.0 Authority 

This regulation is adopted and promulgated in accordance with 18 Del.C. §311, Delaware Insurance 
Code; 19 Del.C. §2322B, Workmen's Compensation Code; and 29 Del.C. c. 101, Administrative 
Procedures Act. 

2.0 Purpose 

2.1 The purpose of this regulation is to implement §2322 of Title 19 regarding workers’ compensation 
medical and other healthcare services. Section 2322 sets forth requirements for the provision, by an 
employer, of reasonable medical and related services to a disabled employee. 

2.2 Section 2322B states that a health care payment system shall be developed in order to implement the 
intent of Section 2322. 

2.3 This regulation is adopted in accordance with §2322. 

3.0 Workers' Compensation Service Contracts. 

Any contract between an employer or insurance carrier and a health care provider for the provision of 
services under Chapter 23 of Title 19 of the Delaware Code which is authorized by 19 Del.C. 
§2322(B)(4) must be in writing, signed by the parties thereto, and specifically state that the contract 
pertains to services provided under Chapter 23 of Title 19 as of May 23, 2008. 

4.0 Effective Date 

This regulation shall become effective 30 days after the Commissioner’s signature. 





DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL 
DIVISION OF AIR AND WASTE MANAGEMENT 
Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C. Ch. 60) 

7 DE Admin. Code 1141 









3504 Striped Bass Possession Size Limit; Exceptions 
(Penalty Section 7 Del.C. §936(b)(2)) 

1.0 Notwithstanding, the provisions of 7 Del.C. §929(b)(1), it shall be unlawful for any recreational 
fisherman to take and reduce to possession any striped bass that measures less than twenty-eight 
(28) inches in total length, except that recreational hook and line fisherman may take two (2) striped 
bass measuring not less than 20-inches and not greater than 26- inches from the Delaware River, 
Delaware bay, or their tributaries during the months of July and August. 

2.0 Notwithstanding, the provisions of 7 Del.C. §929(b)(1), it shall be unlawful for any commercial food 
fisherman to take and reduce to possession any striped bass that measure less than twenty-eight (28) 
inches in total length from the tidal waters of this State except that commercial gill net fishermen may 
take striped bass measuring no less than twenty (20) inches in total length from the tidal waters of the 
Delaware River and Delaware Bay or their tributaries during the period from February 15 through May 
31 or from the tidal waters of the Nanticoke River or its tributaries during the period from February 15 
through the month of March. 

3.0 It shall be unlawful for any person to possess a striped bass that measures less than 28 inches, total 
length, unless said striped bass is in one or more of the following categories: 

3.1 It has affixed, a valid strap tag issued by the Department to a commercial gill net fisherman and 
was legally taken and tagged by said commercial gill net fisherman from the tidal waters of the 
Delaware River and Delaware Bay or their tributaries during the period from February 15 through 
May 31; or from the tidal waters of the Nanticoke River or its tributaries during the period from 
February 15 through the month of March; or 









3.2 It was legally landed in another state for commercial purposes and has affixed a valid tag issued 
by said state's marine fishery authority; or 

3.3 It entered Delaware packed or contained for shipment, either fresh or frozen, and accompanied by 
a bill-of-lading with a destination to a state other than Delaware; or 

3.4 It was legally landed in another state for non commercial purposes by the person in possession of 
said striped bass and there is affixed to either the striped bass or the container in which the striped 
bass is contained a tag that depicts the name and address of the person landing said striped bass 
and the date, location, and state in which said striped bass was landed; or 

3.5 It is the product of a legal aquaculture operation and the person in possession has a written bill of 
sale or receipt for said striped bass. 

4.0 It shall be unlawful for any commercial finfisherman to possess any striped bass for which the total 
length has been altered in any way prior to selling, trading or bartering said striped bass. 

5.0 The words "land" and "landed" shall mean to put or cause to go on shore from a vessel. 

6.0 It shall be unlawful for any person to land any striped bass that measures less than twenty-eight (28) 
inches in total length at any time, except those striped bass caught in a commercial gill net legally 
fished in the waters of Delaware River or Delaware Bay or their tributaries during the period from 
February 15 through May 31 or from a commercial gill net legally fished in the tidal waters of the 
Nanticoke River or its tributaries during the period from February 15 through the month of March. 

7.0 It shall be unlawful for a commercial finfisherman authorized to fish during Delaware's commercial 
striped bass fishery to land any striped bass that measures less than twenty (20) inches in total length. 

3 DE Reg. 1088 (2/1/00) 

4 DE Reg. 230 (7/1/00) 

4 DE Reg. 1552 (3/1/01) 

6 DE Reg. 1512 (5/1/01) 

7 DE Reg. 1205 (3/1/04) 

8 DE Reg. 1718 (6/1/05) 









DELAWARE STATE FIRE PREVENTION COMMISSION 
Statutory Authority: 16 Delaware Code, Section 6603 (16 Del.C. §6603) 





Chapter 1 Financial Audit Regulations 
1.0 General. 

1.1 Purpose. To establish the minimum requirements related to the mandatory submission of financial 
audits by volunteer fire and ambulance companies in accordance with the provisions of 16 Del.C. 
§6622. 

1.2 Scope. These Regulations address the required types of audits, the reporting periods, procedures for 
reviewing the audits and the processes to be followed in the event a company fails to submit or 
submits an inadequate audit. 

1.3 Application. These Regulations apply to all volunteer fire and ambulance companies and their 
approved subsidiaries (e.g. auxiliaries operating under the same tax identification number) in the State 
of Delaware and the Smyrna and Georgetown American Legion Ambulances and the Mid-Sussex 
Rescue Squad. These regulations do not apply to independent auxiliary organizations operating under 
a tax identification number that is separate from the fire or ambulance company’s number. 

2.0 Definitions. 

2.1 Review: Financial data analysis that provides less assurance than a full audit, but more that a 
compilation (which provides no assurance). In a review, an auditor expresses limited assurance that 
the company’s financial statements do not require any material modification for them to be inconformity 
with the provisions of generally accepted accounting principles (“GAAP”). (Ref. Business 
Dictionary.com). 

3.0 [Audit Report] Types. 

3.1 [Audits Reports] must be completed by an independent certified public accounting firm at a minimum 
“Review” level. The [audit] submission shall include, but not be limited to, the following: 

3.1.1 The [“Review” Opinion Letter Accountant’s Report] provided to the volunteer fire or 
ambulance companies by their independent accountant. 

3.1.2 Financial statements, including: 

3.1.2.1 Statement of financial position (Balance sheet). 

3.1.2.2 Statement of revenue and expenses. 

3.1.2.3 Statement of cash flow. 

3.1.2.4 Notes to financial statements. 

3.1.2.5 Letter of observations and/or comments. 

3.1.2.6 Letter of representation. 

3.1.3 The required documentation shall be submitted to the Commission with a cover sheet signed off 
on by the volunteer fire or ambulance company president verifying that he or she has reviewed the 
submission and all of the items required by subsections 3.1.1 and 3.1.2 are included. 

3.2 A full financial audit may be required, in the Commission’s discretion, if a fire department or ambulance 
company receives a second annual “Review” report that continues to indicate insufficient corrective 







actions have been taken to address inadequate financial management, lack of appropriate internal 
controls, and/or issues or trends that indicate possible financial failure of the company. 

3.3 A fire department or ambulance company may voluntarily submit a full financial audit rather than a 
review [audit level report] if it chooses to do so. 

4.0 [Audit Reporting] Periods. 

4.1 Any company whose fiscal year begins on or after January 1, 2009 must file [an audit] no later than 
six and one-half months after the close of the company’s fiscal year. [Audits Reports] shall be 
submitted annually thereafter no later than six and one-half months after the close of the company’s 
fiscal year. The [audit report] due date will be calculated by the Commission based on the information 
provided by the volunteer fire and/or ambulance company as to the close of its fiscal year. 

4.2 No extensions will be granted except upon a showing of hardship. Requests for a hardship extension 
must be made in writing prior to the [audit report] due date. The request must specify in detail the 
nature of the hardship. A showing of hardship requires that the lack of compliance with this regulation 
is due to causes beyond the company’s control. The Commission’s decision on the extension request 
shall be final. 

5.0 [Audit Report] Compliance Committee. 

5.1 The Commission shall appoint [an Audit a Report] Compliance Committee to review [audit] 
submissions. The [Audit Report] Compliance Committee shall consist of at least of three (3) members 
who shall be appointed annually at the January meeting of the Commission. The members of the 
[Audit Report] Compliance Committee shall have a professional background that includes auditing 
and financial experience. 

5.2 The [Audit Report] Compliance Committee will review the [audit report(s)] for compliance with the 
regulations and will look for any [auditor accountant] comments that indicate inadequate financial 
management, lack of appropriate internal controls, and/or issues or trends that indicate possible 
financial failure of the company. The [Audit Report] Compliance Committee shall report to the 
Commission as follows: 

5.2.1 [Audits Reports] that are approved will be forwarded to the Commission with a recommendation 
for filing with no further action. 

5.2.2 Fire department and ambulance companies that fail to file the mandatory financial [audits 
reports] will be referred to the Commission with a recommendation for a hearing before the 
Commission for the imposition of civil penalties as provided in 16 Del.C. §6622 (b) and any other 
penalties available under the Chapter. 

5.2.3 Any [audit report] showing financial irregularities will be referred to the Commission with a 
summary of the deficiencies and a recommendation for a hearing before the Commission to 
establish a written corrective action plan and/or the imposition of civil penalties as provided in 16 
Del.C. §6622 (b) and any other penalties available under the Chapter. 

5.3 The [Audit Report] Compliance Committee may require the volunteer fire or ambulance company to 
submit such additional documentation as may be necessary for clarification in order for the [Audit 
Report] Compliance Committee to make a decision as to whether referral to the Commission for 
further action is warranted. Failure to comply with the [Audit Report] Compliance Committee’s 
request for additional documentation will result in referral to the Commission for a hearing. 

6.0 [Audit Report] Compliance Hearings. 

6.1 The Commission shall schedule a hearing within thirty (30) days of receiving a referral from the [Audit 
Report] Compliance Committee. 

6.2 Notice of the time and place of the hearing shall be personally served, or sent by registered mail to the 
address provided by the fire department or ambulance company at the time of the [audit report] 
submission, with return requested, to the fire department or ambulance company at least twenty (20) 
days prior to the date fixed for the hearing. 







6.3 Hearings will be conducted in accordance with the hearing procedures set forth in Commission 
Regulations, Part 1, Regulation 1-7.6. 

6.4 The fire department or ambulance company that is the subject of the hearing will be provided with a 
copy of the [Audit Report] Compliance Committee’s report to the Commission. 

7.0 Sanctions for Non-compliance. 

7.1 Where the Commission has determined, upon notice and hearing, that a fire department or ambulance 
company failed to file or has filed incomplete [reports or] audits in violation of 16 Del.C. §6622, the 
Commission may impose a civil penalty of $100 per day beginning on the date the [report or] audit 
was due. Each day a violation continues may be deemed a separate offense in the Commission’s 
discretion resulting in penalties of up to $5000 per reporting. The civil penalty is in addition to any other 
penalties provided for in the Chapter. 

7.2 Where the Commission has determined, upon notice and hearing, that the [reports or] audits of a fire 
department or ambulance company indicate inadequate financial management, lack of appropriate 
internal controls, and/or issues or trends that indicate possible financial failure of the company the 
Commission may require a written corrective action plan. Failure to submit a written corrective action 
plan may result in the imposition of a civil penalty of $100 per day. Each day a violation continues may 
be deemed a separate offense in the Commission’s discretion resulting in penalties of up to $5000 per 
reporting. The civil penalty is in addition to any other penalties provided for in the Chapter. 

7.3 Continued failure to file [reports or] audits or to take corrective action may also result in the 
Commission referring the fire department or ambulance company to other regulatory agencies for 
review and possible action under their governing authority, including but not limited to, the Internal 
Revenue Service, the Delaware Division of Revenue and the State Auditor’s Office. 

8.0 [Audit] Documents 

8.1 [Report and Aa]udit submissions filed with the Commission may be considered public records under 
the Freedom of Information Act (“FOIA”). The records will not be released except pursuant to a valid 
FOIA request or subpoena. The volunteer fire department or ambulance company will be given notice 
of the request. It will be the responsibility of the volunteer fire department or ambulance company to 
challenge the request in the appropriate court within the time specified by the Commission in the 
notice; otherwise, the records will be released. 





DEPARTMENT OF EDUCATION 
OFFICE OF THE SECRETARY 
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 

14 DE Admin. Code 230 









230 Promotion 
1.0 Each Local School District and Charter School Shall Have a Promotion Policy for Kindergarten 
Through Grade 12 

1.1 Local school districts and charter schools must follow, at a minimum, the requirements for promotion 
as defined in 14 Del.C. §153, titled Matriculation and Academic Promotion Requirements and 14 DE 
Admin. Code 925, Children with Disabilities Subpart D, Evaluations, Eligibility Determination, 
Individualized Education Programs. 

1.2 The promotion policies for grades 1 to 8 must also, at a minimum, include the following: 

1.2.1 Students in grades 1 to 8 must receive instruction in English Language Arts or its equivalent, 
mathematics, social studies and science each year as defined in the Delaware Content Standards. 

1.2.2 Students in grades 1 to 8 must pass 50% of their instructional program each year (excluding 
physical education) to be promoted to the next grade level. One of the subject areas that must be 
passed is English Language Arts or its equivalent. English Language Arts or its equivalent 
includes English as a Second Language (ESL), and bilingual classes that are designed to develop 
the English language proficiency of students who have been identified as LEP. Classes in English 
Language Arts, mathematics, science and social studies include those which employ alternative 
instructional methodologies designed to meet the needs of LEP students in the content areas. 

2 DE Reg. 1248 (1/1/99) 

7 DE Reg. 928 (1/1/04) 

2.0 Policy Reporting Requirements 

2.1 Each local school district and charter school shall have an electronic copy of its current promotion 
policy on file with the Department of Education. 

2.2 Each local school district and charter shall provide an electronic copy of its promotion policy to the 
Department of Education within ninety [(90) days thirty (30)] of any revision(s) regardless of whether 
said revisions were made as a result of changes to Federal, state or local law, regulations, guidance, 
or policies. 

OFFICE OF THE SECRETARY 
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 

14 DE Admin. Code 505 











525 Requirements for Career and Technical Education Programs 
1.0 Career and Technical Education Programs 

All Career and Technical Education Programs (CTE) shall meet the provisions of Delaware's State 
Plan for Career and Technical Education and meet the provisions of the content standards approved 
by the Department of Education or, if there are no approved state content standards, meet local 
program standards approved by the Department of Education. 

6 DE Reg. 955 (2/1/03) 

2.0 All Local School Districts and Charter Schools that Offer State Approved Career and Technical 
Education Programs Shall: 

2.1 Meet the requirements within the state plan for the Carl D. Perkins Career and Technical Education Act 
of 2006. 

2.2 Have the approval of the Department of Education before implementing new CTE courses and or 
pathways. 









2.3 Adequately fund, support and sustain the instructional program. 

2.4 Ensure all teachers are certified in the Career and Technical Education Program areas in which they 
teach. 

2.5 Ensure that all teachers meet the Delaware Department of Education (DE DOE) Skilled and Technical 
Science Standards for the specific career area in which they teach. 

2.5.1 Such standards may include, but are not limited to, holding a state professional license in the area 
to be taught; holding an industry recognized certification of technical competence or 
journeyperson status in the specific career area; or additional work experience. 

2.6 Where appropriate and applicable, ensure that all teachers meet certification requirements for 
administering the end of Pathway Assessment in the specific career area in which they teach. 

2.57 Make provisions for meeting the unique needs of all students. 

2.68 Establish and maintain an active CTE advisory committee which includes labor and management 
personnel to assist in the development and operation of the program. 

2.79 Use Department of Labor market projections to determine the need for new and continuing Career and 
Technical Education Programs. 

2.810 Assess occupational needs and the availability of placement and employment opportunities for 
program completers with input from the local CTE advisory committee. 

2.911 Use the information derived from the Student Success Plan (SSP) portfolio to determine student 
occupational interests, needs and educational program. 

2.1012 Organize and financially support Career and Technical Student Organizations as integral components 
of Career and Technical Education Programs in public schools that complement and enrich instruction. 
The following career and technical student organizations are affiliated in Delaware: 

2.1012.1 Business Professionals of America (BPA) 

2.1012.2 Technology Student Association (TSA) 

2.1012.3 DECA, an association of marketing students 

2.1012.4 Family, Career and Community Leaders of America (FCCLA) 

2.1012.5 The National FFA Organization 

2.1012.6 Skills USA 

2.1012.7 The Delaware Career Association (DCA) 

2.1113 Integrate related academic content into individual career and technical education courses, and guide 
students through a course selection process that supports the necessary academic preparation 
required by the student's career path and educational goals as documented in the student’s SSP. 

2.1214 Schedule skilled and technical sciences (trade and industrial) education programs, when offered, for a 
minimum of two consecutive periods a day or the equivalent, five days a week for two or more years. 

2.1315 Establish no rules practices or regulations that interfere with, prohibit or otherwise prevent students 
from having the opportunity to learn about, enroll in and complete a Career and Technical Education 
Program in a career and technical school district. 

2.1416 Use equipment and facilities comparable to that used by local business and industry for which the 
Career and Technical Education Program is preparing students. 

2.1517 Schedule Department of Education and Delaware Advisory Council on Career and Technical 
Education Program review and monitoring visits upon request. 

2.1618 Report CTE program data as required by the Delaware Department of Education. 

1 DE Reg. 1196 (2/1/98) 

6 DE Reg. 955 (2/1/03) 

8 DE Reg. 1603 (5/1/05) 

9 DE Reg. 1070 (01/01/06) 

12 DE Reg. 439 (10/01/08) 

3.0 Cooperative Education Programs 









3.1 Cooperative Education Programs provide senior Career and Technical Education Program students 
with coordinated on the job training not ordinarily available in the classroom. During the student's 
senior year, or under unique circumstances as approved by the Department of Education, employers 
may provide this on the job training in occupations directly related to the Career and Technical 
Education Program in which the student is enrolled. For the purpose of granting credit during the 
school year two hours of Cooperative Education Work Experience shall equal one hour of instructional 
time. In a summer Cooperative Education Work Experience Program one half unit of credit shall be 
granted and shall be counted toward the units of credit necessary for graduation. 

3.12 In order to qualify for Career and Technical Education funding units the Career and Technical 
Education Program Teacher or Career Guidance Counselor shall be provided with a full class period, 
each day, for every fifteen (15) students enrolled in the Cooperative Education Work Experience 
Program in order to make at least quarterly visits to the student's place of employment to ensure 
coordination between the classroom and the on the job experience. 

3.3 In order to qualify for career and technical education funding units the school shall have on file, for 
each student; a training agreement that includes training objectives and is signed by a parent, 
guardian or Relative Caregiver, the employer, the student and a representative of the district or charter 
school. A State Work Permit for Minors in accordance with State Department of Labor regulations shall 
also be on file. 

3.4 Students whose education is guided by an Individualized Education Program (IEP), or a Section 504 or 
ADA accommodation plan, may participate in Cooperative Education programs without senior year 
status if approved by the IEP or multidisciplinary team responsible for the plan in consultation with the 
Career and Technical Education Teacher Coordinator. 

3.25 In order to qualify for career and technical education funding units the students shall[; possess 
minimum occupational competencies specified by the Career and Technical Education Teacher 
Coordinator before being placed in cooperative employment, be in their senior year and be in a 
Cooperative Education Work Experience Program that relates directly to the student's current 
or completed Career and Technical Education pathway, meet the requirements of 3.0 3.1 
through 3.4 and be supervised through on site visits by an assigned Career and Technical 
Education Program Teacher Coordinator or Career Guidance Counselor.: 

3.5.1 Possess minimum occupational competencies specified by the Career and Technical 
Education Teacher Coordinator before being placed in cooperative employment; 

3.5.2 Be in their senior year or otherwise approved pursuant to 3.4; 

3.5.3 Be in a Cooperative Education Work Experience Program that relates directly to the 
student's current or completed Career and Technical Education pathway; 

3.5.4 Meet the requirements of 3.1 through 3.4; and 

3.5.5 Be supervised through on site visits by an assigned Career and Technical Education 
Program Teacher Coordinator or Career Guidance Counselor.] 

2 DE Reg. 111 (07/01/98) 

6 DE Reg. 955 (02/01/03) 

9 DE Reg. 1070 (01/01/06) 

12 DE Reg. 439 (10/01/08) 

4.0 Diversified Occupations Programs 

4.1 Diversified Occupations Programs provide students with coordinated on the job training not ordinarily 
available in the classroom. During the student's junior or senior year or under unique circumstances as 
approved by the Department of Education, employers provide this on the job training. For the purpose 
of granting credit during the school year, two hours of work experience in a Diversified Occupations 
Work Experience Program shall equal one hour of instructional time. In a summer Diversified 
Occupations Work Experience Program one half unit of credit shall be granted and that credit shall be 
counted toward the units of credit necessary for graduation. 









4.12 In order to qualify for career and technical education funding units a Career Technical Education 
Program Teacher or Career Guidance Counselor shall be provided with a full class period, each day, 
for every fifteen (15) students enrolled in the Diversified Occupations Work Experience Program in 
order to make at least quarterly on site visits to the student's place of employment to ensure 
coordination between the classroom and the on the job experience. 

4.3 In order to qualify for career and technical education funding units the school shall have on file, for 
each student; a training agreement that includes training objectives and is signed by a parent, 
guardian or Relative Caregiver, the employer, the student and a representative of the district or charter 
school. A State Work Permit for Minors in accordance with State Department of Labor regulations shall 
also be on file. 

4.4 Students whose education is guided by an Individualized Education Program (IEP), or a Section 504 or 
ADA accommodation plan, may participate in Diversified Occupations programs without junior or 
senior year status if approved by the IEP or multidisciplinary team responsible for the plan in 
consultation with the Career and Technical Education Teacher Coordinator. 

4.25 In order to qualify for career and technical education funding units the students shall possess minimum 
readiness competencies as specified by the Career Technical Education Program Teacher Coordinator 
before being placed in a Diversified Occupations Work Experience Program employment situation, 
meet the requirements of 4.0 4.1 through 4.4 and be actively enrolled in a Diversified Occupations 
Work Experience Program and that meets for at least one class period per week. 

2 DE Reg. 111 (07/01/98) 

6 DE Reg. 955 (02/01/03) 

9 DE Reg. 1070 (01/01/06) 

12 DE Reg. 439 (10/01/08) 

OFFICE OF THE SECRETARY 
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 

14 DE Admin. Code 737 











1502 Professional Growth Salary Increments 
1.0 Content 

This regulation shall apply to professional growth salary increments for educators, pursuant to 14 
Del.C. §1305 (q)(a). 

7 DE Reg. 1001 (2/1/04) 

2.0 Definitions 

2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent 
amendment or revision thereto, are incorporated herein by reference. 

2.2 The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

"Critical Needs Areas" means content, specialty, or administrative areas identified by the Department 
as areas of shortage in Delaware schools. 

"Department" means the Delaware Department of Education. 

"Educator" means a public school employee who holds a license is issued under the provisions of 14 
Del.C. Ch. 12, and includes teachers, specialists, and administrators, and as otherwise defined by the 
Standards Board and State Board, but does not include substitute teachers. 

"Graduate Level Course" means any course which is awarded graduate level credit by a regionally 
accredited college or university. 

"Graduate Level Course of Study" means a non matriculated but focused and coherent program of 
study (e.g., a certificate program) which is directly linked to professional responsibilities. 









"Matriculated Graduate Credit" means credit earned from a regionally accredited college or 
university earned toward a master's degree or a doctorate degree. 

"Skilled and Technical Sciences (STS)" is also known as Trade and Industrial Education, Career and 
Technical Education, Career Technical Education or Career-Technical Education. 

"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. 
§1201. 

"State Board" means the State Board of Education of the State pursuant to 14 Del.C. §104. 

"Trades and Industry Teacher" means a Skilled and Technical Sciences Teacher, Trade and 
Industrial Education Teacher or Teacher of Trade and Industries 

"Two Years of College or Technical Training" means a minimum of a high school diploma or its 
recognized equivalent and the satisfactory completion of [the requirements for] any one[, or an 
appropriate combination] of the following options in the specific career area of certification 
[equaling] (1) an Associate's degree with a major in the specific career area; (2) two years of college 
majoring in the specific career area with at least 50% of the major courses required for a bachelor's 
degree satisfactorily completed; (3) a state issued certificate indicating completion of apprenticeship 
hours and apprentice related training (e.g. journey papers) in the specific career area; (4) completion 
of four years of sequential Delaware Trade Extension courses in the specific career area; (5) 
completion of four years of National Center for Construction Education and Research's Contren 
documented training in the specific career area; (6) a 70% or above score on both the written and 
performance elements of a Delaware Apprentice-related Education Provider's National Center for 
Construction Education and Research's Contren-derived full Apprentice Equivalency test-out covering 
all Apprentice-related Education years in the specific career area; (7) passage of a State of Delaware 
Licensing Test in the specific career area, offered through the Division of Professional Regulation; (8) 
576 hours of military training in the specific career area; (9) 576 hours post-secondary trade school 
training in the specific career area; (10) a 70% or above score on both the written and performance 
teacher tests for the National Occupational Competency Testing Institute in the specific career area; 
(11) an industry recognized certification of technical competence or journeyperson status in the 
specific career area, or (12) DOE approved equivalents [of any one of the above including but not 
limited to equivalents from any combination of the above options]. 

7 DE Reg. 1001 (2/1/04) 

8.0 Trade and Industry Teachers Skilled and Technical Sciences Teachers 

A bachelor's degree equivalent for trade and industry Skilled and Technical Sciences teachers 
(formerly Trade and Industrial Education) shall be two years of college or technical training and six 
years of work experience (14 Del.C. §1301). Undergraduate credit in a matriculated bachelor's degree 
may be accepted in lieu of graduate credit for trade and industry Skilled and Technical Sciences 
teachers who do not hold a bachelor's degree. Initial placement on the basic salary schedule for 
educators, set forth in 14 Del.C. §1305, for trade and industry Skilled and Technical Sciences teachers 
who have completed two years of college or technical training and six years of work experience, is at 
the bachelor's degree level. In order to be eligible for movement on the basic salary schedule, trade 
and industry Skilled and Technical Sciences teachers must possess a Standard Certificate in Skilled 
and Technical Sciences. 

8.1 Movement beyond the bachelor's degree level on the basic salary schedule for trade and industry 
Skilled and Technical Sciences teachers shall apply as follows: 

8.1.1 Seventy-five (75) credits toward a bachelor's degree is equivalent to a bachelor's degree plus 15 
credits. 

8.1.2 Ninety (90) credits toward a bachelor's degree is equivalent to a bachelor's degree plus 30 credits. 

8.1.3 A bachelor's degree is equivalent to a master's degree on the basic salary schedule. 









1510 Issuance of Initial License 
1.0 Content 

This regulation shall apply to the issuance of an Initial License for educators, pursuant to 14 Del.C. 
§1210. 

7 DE Reg. 161 (8/1/03) 

2.0 Definitions 

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

"Alternative Routes to Licensure and Certification" means programs approved by the Department 
of Education to certify or license candidates who hold bachelors' degrees appropriate to the 
instructional field they desire to teach, but who did not complete a regionally accredited educator 
preparation program. 









"Career and Technical Education" is also known as Vocational Education, Vocational Technical 
Education or Career Technical Education. 

"Composite Score" means a total of an applicant's scores on all three (3) subtests of PRAXIS I which 
is equal to, or greater than, the sum of the passing scores on the three subtests. Scores from either the 
PRAXIS I (PPST) paper and pencil test and/or from the PRAXIS I (CPPST) computerized test may be 
used when applying the composite score provision. Scores from the PRAXIS I computer based test 
(CBT) may be used when applying the composite score provision, but may not be used in conjunction 
with scores from the PRAXIS I (PPST) paper and pencil test and/or with the PRAXIS I (CPPST) 
computerized test. 

"Date of Hire" means the effective date of employment by a school district, charter school, or other 
employing authority. 

"Department" means the Delaware Department of Education. 

"Educator" means a public school employee who holds a license issued under the provisions of 14 
Del.C., Ch. 12, and includes teachers, specialists, and administrators, and as otherwise defined by the 
Standards Board and the State Board, pursuant to 14 Del.C. §1203, but does not include substitute 
teachers. 

"Examination of General Knowledge" means a standardized test which measures general 
knowledge and essential skills in mathematics or quantitative and verbal skills, including reading and 
writing. 

"Exigent Circumstances" means unanticipated circumstances or circumstances beyond the 
educator's control, including, but not limited to, expiration of a license during the school year, serious 
illness of the educator or a member of his/her immediate family, activation to active military duty, and 
other serious emergencies which necessitate the educator's temporarily leaving active service. 

"Jurisdiction" means a state, territory or country. 

"License" means a credential which authorizes the holder to engage in the practice for which the 
license is issued. 

"Mentoring" means activities prescribed by the Department and other employing authority in which a 
holder of an Initial License must engage during the three year term of the Initial License. 

"Novice Applicant" means an applicant who has not previously held an Initial License in Delaware. 

"PRAXIS I or PPST" means a test from Educational Testing Service of general knowledge in reading, 
writing, and mathematics. 

"PRAXIS I CBT" means the discontinued PRAXIS I computer based test from Educational Testing 
Service taken between November 1993 and December 2001, with a possible score range of 300 to 
335. Scores from the PRAXIS I CBT test may not be combined with scores from the PRAXIS I paper 
and pencil test or the PRAXIS I computerized test (CPPST) to derive a composite score. 

"PRAXIS I CPPST" means the PRAXIS I computerized test from Educational Testing Service which 
began in January 2002. This test, which is delivered in a computer format, has a possible score range 
of 150 to 190. Scores from the CPPST and the PRAXIS I (PPST) paper and pencil test may be 
combined for a composite scores. 

"Skilled and Technical Sciences (STS)" is also known as Trade and Industrial Education, Career and 
Technical Education, Career Technical Education or Career-Technical Education. 

"Standard Certificate" means a credential issued to certify that an educator has the prescribed 
knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a 
category of students. 

"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. 
§1201. 

"State Board" means the State Board of Education of the State pursuant to 14 Del.C. §104. 

"Student Teaching Program" means a traditional student teaching placement within a National 
Association of State Directors of Teacher Education and Certification or National Council for the 
Accreditation of Teacher Education approved program offered by a college or university, or such 
alternatives as deemed appropriate to the program, such as supervised internships or other field 









based experience recognized as a required component of the regionally accredited educator 
preparation program. For the purposes of this regulation, student teaching program also means one 
year of teaching experience within the last year consisting of a minimum of 91 days of long term 
teaching experience at one assignment during which regular evaluations were conducted, evidencing 
at least satisfactory performance. 

"Suspension" means the temporary removal of an Initial License for failure to pass the PRAXIS I test. 

"Trade and Industries Teacher" means a Skilled and Technical Sciences Teacher. 

"Trade and Industries" means Skilled and Technical Sciences. 

7 DE Reg. 161 (8/1/03) 

7 DE Reg. 623 (11/103) 

7 DE Reg. 1181 (3/1/04) 

3.0 Requirements for Initial License 

In accordance with 14 Del.C. §1210, the Department shall issue an Initial License to a novice applicant 
who submits evidence of (1) receipt of a bachelors degree from a regionally accredited 4 year college 
or university; (2) completion of a student teaching program, or one year of teaching experience 
consisting of a minimum of 91 days of long term teaching experience at one assignment or enrollment 
in an Alternative Routes to Licensure and Certification program, and (3) a passing score on an 
examination of general knowledge, such as PRAXIS I, or such other alternative as may be established 
by the Standards Board, with the approval of the State Board. For the purposes of this regulation, a 
bachelor's degree for a trades and industry Skilled and Technical Sciences teacher shall be two (2) 
years of college or technical training, plus six (6) years of trade work experience. An Initial License 
shall also be issued to an applicant currently licensed as an educator in another jurisdiction with less 
than three years of teaching experience or to an applicant who previously held a valid Delaware 
Standard or Professional Status Certificate who has been out of the profession for more than three 
years. In addition to an Initial License, applicants must also apply for a Standard Certificate in the 
particular area, subject, or category in which they wish to be employed, and must verify that they 
possess the prescribed knowledge, skill or education to practice in that area, subject, or category. (See 
14 DE Admin. Code 1505). 

3.1 An applicant for an Initial License shall submit the completed application form, official transcripts, and 
official scores on an examination of general knowledge, such as the PRAXIS I tests in any format, as 
defined in 2.0, to the Department. 

3.1.1 Official transcripts shall be forwarded directly from the issuing institution or by the applicant in an 
unopened, unaltered envelope. 

3.2 Examination of General Knowledge Requirements 

3.2.1 An applicant seeking initial licensure in Delaware shall provide the Department with official test 
scores for one or more of the following tests of essential skills in reading, writing and mathematics: 
the PRAXIS I Tests (PPST) or such alternatives as set forth in 3.2.4 below. 

3.2.2 Scores of Examinations of General Knowledge. 

3.2.2.1 The following minimum passing scores are required in the areas of reading, writing and 
mathematics for each of the examinations of essential skills. 

3.2.2.1.1 Pre professional Skills Test (PPST) taken between July 1, 1983 and October 22, 1993: 
reading, 175, mathematics, 175, writing, 172. 

3.2.2.1.2 PRAXIS I (PPST) Paper and Pencil Tests and thereafter with a possible score range 
of 150 to 190 and PRAXIS I Computerized Pre Professional Skills Tests taken January 
1, 2002 and thereafter, both of which have a possible score range of 150 to 190, with 
passing scores of: reading, 175, mathematics, 174, writing, 173. 

3.2.2.1.3 PRAXIS I, Computer Based Tests (CBT) (Tests taken between October 23, 1993 and 
December 31, 2001), with passing scores of: reading, 322, mathematics, 319, writing, 
319. 









3.2.3 Individuals holding Delaware certificates issued prior to July 1, 1983 are exempt from the testing 
requirements. 

3.2.4 Acceptable alternatives to the PRAXIS I test scores include: 

3.2.4.1 Scores from the California Test of Basic Skills (CTBS) shall be accepted in lieu of PPST or 
PRAXIS I scores if the test was taken as a condition of meeting certification or licensure 
requirements in that state and the scores total 123, with a minimum of at least 37 in each 
category. 

3.2.4.2 Scholastic Aptitude Tests (SAT) taken after April 1, 1995 and presented for exemption 
must meet the scores set forth below due to a recentering of the SAT. 

3.2.4.2.1 A minimum score of 520 on the SAT Mathematics taken prior to 4/1/95, and a 
minimum score of 540 on the SAT Mathematics test taken thereafter will be accepted 
as fulfillment of the PRAXIS I Mathematics requirement. 

3.2.4.2.2 A minimum score of 480 on the SAT Verbal test taken prior to April 1, 1995, and a 
minimum score of 560 on the SAT verbal test taken thereafter will be accepted as 
fulfillment of the PRAXIS I reading requirement. 

3.2.4.3 Graduate Record Examination (GRE) scores presented for exemption must meet the 
scores set forth below. 

3.2.4.3.1 A minimum score of 490 on the Graduate Record Examination (GRE) Verbal test will 
be accepted as fulfillment of the PRAXIS I reading requirement. 

3.2.4.3.2 A minimum score of 540 on the Graduate Record Examination (GRE) Quantitative 
test will be accepted as fulfillment of the PRAXIS I mathematics requirement. 

3.2.4.4 National Teacher Examination (NTE) Core Battery Communications Skills with a minimum 
score of 670 will be accepted as fulfillment of the PRAXIS I writing requirement. 

3.2.5 Any Scholastic Aptitude Test (SAT) scores, Graduate Records Exam (GRE) scores or NTE 
Communication Skills scores intended to be used as an exemption for the PPST or PRAXIS I, 
shall be submitted within the same timeline as that required for PRAXIS I and scores must predate 
the employment date. 

3.2.6 Timeline for Examination of General Knowledge 

3.2.6.1 An applicant for an Initial License must pass the three PRAXIS I (PPST) tests in any 
format or an approved alternative within the period of time from the date of hire to the end 
of the next, consecutive fiscal year. If proof of passage of Praxis I is not provided by the 
end of the next consecutive fiscal year, the Initial License shall be suspended. 
Notwithstanding the foregoing, the superintendent of the employing school district or 
charter school or other employing authority may submit to the Secretary of Education a 
written request for a one year extension. The request must document the effectiveness of 
the applicant. 

3.2.6.1.1 Evidence of passage of PRAXIS I within the time period of the suspension shall result 
in the reinstatement of the Initial License. 

3.2.6.1.2 If proof of passage of PRAXIS I is not provided by the end of the next consecutive 
fiscal year, the Initial License shall be suspended for a maximum of two years. 

3.2.6.1.3 Suspension 

3.2.6.1.3.1 An applicant who does not pass PRAXIS I during the time period of the 
suspension, and whose Initial License is expired, must reapply and may be issued an 
Initial License, valid for three years, if he/she meets the requirements for initial 
licensure then in effect. 

3.2.6.1.3.2 Notwithstanding the foregoing, the superintendent of the employing school district 
or charter school or other employing authority may submit to the Secretary of 
Education a written request for a one year extension. The request must document the 
effectiveness of the applicant. 

3.2.6.1.4 Composite Score 









3.2.6.1.4.1 Scores from either the paper and pencil PRAXIS I (PPST) test or from the 
computerized PRAXIS I (CPPST) test, begun in January, 2002, both of which have a 
possible score range of 159 to 190, may be used when applying the composite score 
provision. Scores from the PRAXIS I computer based test (CBT), taken between 
November, 1993 and December 31, 2001 may be used when applying the composite 
score provision, but may not be used in conjunction with the paper and pencil PRAXIS 
I test or with the computerized PRAXIS I (CPPST) test. 

3.2.6.1.4.2 An applicant for an Initial License who does not achieve a passing score on 
PRAXIS I, but whose score on PRAXIS I is within 2 points of the passing score on the 
reading, writing, or mathematics section of PRAXIS I may use a composite score to 
meet the requirements of passage. 

3.2.6.1.4.3 Notwithstanding the use of a composite score, an applicant who seeks to teach in 
the secondary content area of mathematics must meet the current state passing score 
for the PRAXIS I mathematics test. An applicant who seeks to teach in the secondary 
content area of English language arts must meet the current state passing score for 
the PRAXIS I reading and writing tests. 

3.2.6.2 An applicant in a vocational trade and industry Skilled and Technical Sciences specific 
career area must pass PRAXIS I or an approved alternative within six (6) years of the date 
of employment or before the expiration of the Initial License, whichever is later. 

3.2.7 There is no limit on the number of times an individual may take the PPST or PRAXIS I. Once 
passed, a section need not be taken again. 

3.2.7.1 Passing scores in each area (reading, writing, mathematics) may be attained in any testing 
format. 

3.2.8 Submission of Scores of Examination of General Knowledge. 

3.2.8.1 Test scores shall be official and sent directly from Educational Testing Service or other test 
vendor to the Department. 

3.2.8.2 Unopened, unaltered envelopes containing PPST or PRAXIS I scores, or scores of 
acceptable alternatives, sent to the individual may be accepted as official. The 
Department shall determine whether the scores as presented are acceptable. 

3.2.8.3 Direct verification from another State Department of Education shall be considered as 
official. An original of the grade form shall be forwarded directly from the other State 
Department to the Department. This method will be accepted only when official test scores 
from Educational Testing Service are not available. 

3.3 The Department shall not act on an application for licensure if the applicant is under official 
investigation by any state or local authority with the power to issue educator licenses or certifications, 
where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, 
willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of 
the investigation's resolution. 

3.3.1 "Immorality" means conduct which is inconsistent with the rules and principles of morality 
expected of an educator and may reasonably be found to impair an educator's effectiveness by 
reason of his or her unfitness. 

3.4 Trades and Industry Skilled and Technical Sciences Teacher Educational and Experience 
Requirements. 

3.4.1 A bachelor's degree equivalent for a trades and industry Skilled and Technical Sciences teacher 
shall be two (2) years of college or technical training, plus six (6) years of trade work experience. 
The requirement for two (2) years of college or technical training may be satisfied through the 
satisfactory completion of [the requirements for] any one [or an appropriate combination] of 
the following experiences options in the specific career area to be taught [equaling]: 

3.4.1.1 An associate's degree with a major in the specific occupational area to be taught career 
area; or 









3.4.1.2 Two years of college majoring in the specific occupational career area to be taught with at 
least 50% of the major courses required for a bachelor's degree satisfactorily completed; 
or 

3.4.1.3 A state issued certificate indicating completion of apprenticeship hours and apprentice 
related training (e.g. journey papers) in the specific career area; or 

3.4.1.4 Completion of Ffour (4) years of sequential Delaware Trade Extension courses in the 
specific career area; or 

3.4.1.5 Completion of Ffour (4) years of National Center for Construction Education and 
Research's Contren documented training in the specific career area; or 

3.4.1.6 Nine high school credits of career and technical high school training A 70% or above score 
on both the written and performance elements of a Delaware Apprentice-related 
Education Provider's National Center for Construction Education and Research's Contrenderived 
full Apprentice Equivalency test-out covering all Apprentice-related Education 
years in the specific career area; or 

3.4.1.7 Passage of the State of Delaware Licensing test in the specific career area, offered 
through the Division of Professional Regulation; or 

3.4.1.8 576 hours of military training in the specific career area; or 

3.4.1.9 576 hours postsecondary trade school training in the specific career area; or 

3.4.1.10 Completing the written and performance teacher testing for the National Occupational 
Competency Testing Institute with a minimum score set by the Department A 70% or 
above score on both the written and performance teacher tests for the National 
Occupational Competency Testing Institute in the specific career area; or 

3.4.1.11 An industry recognized certification of technical competence or journeyperson status in 
the specific career area; or 

3.4.1.12 DOE approved equivalents [of any one of the above including but not limited to 
equivalents from any combination of the above options]. 

4.0 Validity of Initial License 

4.1 An Initial License is valid for three (3) years, unless revoked, and may not be renewed. 
Notwithstanding the foregoing, an Initial License issued to an applicant in a vocational trade and 
industry Skilled and Technical Sciences specific career area is valid for up to six (6) years to provide 
time for completion of specified college level course work required for certification. 

4.2 An Initial License issued to an applicant who is not currently employed by a school district, charter 
school, or other employing authority shall be inactive until such time as an applicant is employed by a 
public school district or charter school. Once employed, the Initial License shall be in effect for three 
(3) years from the date of hire until the last day of the month of issuance three (3) years later, except in 
the case of the vocational and trade industry Skilled and Technical Sciences specific career areas 
which shall expire on the last day of the month of issuance six (6) years later. 

4.3 During the term of the Initial License, license holders are required to participate in mentoring and other 
prescribed professional development activities offered by the Department and by the school district or 
charter school or other employing authority in which they are employed. 

5.0 Applicants with Foreign Credentials 

5.1 Applicants graduating from foreign institutions shall provide an analysis of the degree equivalency, 
along with all other required application materials, which shall be reviewed by the Department. 









1.0 Content 

1.1 This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. 
§1220(a), for Trade and Industrial Education Teacher. 

2.0 Definitions 

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

“Current Trade Experience” means successful, full time employment within the last ten years in 
an occupation directly related to the specific occupational area to be taught. 

“Department” means the Delaware Department of Education. 

“Department Approved” means approved by the Department of Education in consultation with 
DOE’s supervisor for Trade and Industrial Education. 

“License” means a credential which authorizes the holder to engage in the practice for which the 
license is issued. 

“Standard Certificate” means a credential issued to certify that an educator has the prescribed 
knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a 
category of students. 

“Two Years of College or Technical Training” means a minimum of a high school diploma or its 
recognized equivalent and the satisfactory completion of the requirements for any one, or an 
appropriate combination, of the following options in the occupational area to be taught equaling (1) 
an associate’s degree with a major in the specific occupational area to be taught; (2) two years of 
college majoring in the specific occupational area to be taught with at least 50% of the major 
courses required for a bachelor’s degree satisfactorily completed; (3) a state issued certificate 













indicating completion of apprenticeship hours and apprentice related training (e.g. journey 
papers); (4) four years of sequential Delaware Trade Extension courses; (5) four years of National 
Center for Construction Education and Research’s Contren documented training; (6) nine high 
school credits of career and technical high school training; (7) passage of the State of Delaware 
Licensing Test, offered through the Division of Professional Regulation; (8) 576 hours of military 
training; (9) 576 hours postsecondary trade school training; (10) completing the written and 
performance teacher tests for the National Occupational Competency Testing Institute at or above 
the minimum score set by the Department; (11) industry recognized certification of technical 
competence or journeyperson status, or (12) DOE approved equivalents. 

3.0 Standard Certificate 

In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Trade 
and Industrial Education Teacher (required for grades 9 to 12, and valid in grades 7 to 8 in a middle 
level school) to an applicant who holds a valid Delaware Initial, Continuing, or Advanced License; or 
Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, and 
who meets the following requirements: 

3.1 Professional Education 

3.1.1 Bachelor’s degree from a regionally accredited college or university in the occupational area to be 
taught and two (2) years of current trade experience in the area to be taught, and 

3.1.1.1 Required Courses: 24 semester hours of course work, taken either as part of a degree 
program or in addition to it, from the following: 

3.1.1.1.1 Educational Psychology or Human Development; 

3.1.1.1.2 Career Technical Education Assessment and Course Construction; 

3.1.1.1.3 Methods of Teaching Career Technical Education I or Materials and Approaches to 
Career Technical Education I; 

3.1.1.1.4 Methods of Teaching Career Technical Education II or Materials and Approaches to 
Career Technical Education II; 

3.1.1.1.5 Introduction to Education of Exceptional Children; 

3.1.1.1.6 Behavior management or Classroom Management; 

3.1.1.1.7 Instructional Technology; and 

3.1.1.1.8 Multicultural Education or Diversity in the Classroom; and 

3.1.1.2 Required Electives: 12 semester hours of college level course work, taken either as part of a 
degree program or in addition to it, or the equivalent of 12 semester hours of documented 
industry or skills training, or a combination thereof, taken to assist the teacher in 
maintaining current craftsmanship and teaching skills in the vocational area covered by 
the license that include: 

3.1.1.2.1 Student Organizations in the Curriculum; 

3.1.1.2.2 History and Regulations of Career Technical Education; 

3.1.1.2.3 Student Testing and Evaluation; 

3.1.1.2.4 Education of Exceptional Children (at a level above any previous course work) 

3.1.1.2.5 Career Technical Guidance; 

3.1.1.2.6 DOE approved apprenticeship, military, or trade school and extension courses 
appropriate to the area taught or National Occupational Competency Testing (NOCTI) 
Written and Performance Tests or DOE approved industry certification; 

3.1.1.2.7 National Center for Construction Education and Research (NCCER) Instructor 
Certification course or DOE approved Instructor’s Certification course(s); 

3.1.1.2.8 DOE approved test based Professional Municipal License; 

3.1.1.2.9 DOE approved test based Professional Municipal License Preparation course; or 

3.1.1.2.10 College courses in the occupational area to be taught; or 













3.1.2 Associate’s degree from a regionally accredited college or university in the occupational area to be 
taught and four (4) years of current trade experience in the area to be taught; and 

3.1.2.1 Required Courses: 24 semester hours of course work, taken either as part of a degree 
program or in addition to it, from the following: 

3.1.2.1.1 Educational Psychology or Human Development; 

3.1.2.1.2 Career Technical Education Assessment and Course Construction; 

3.1.2.1.3 Methods of Teaching Career Technical Education I or Materials and Approaches to 
Career Technical Education I; 

3.1.2.1.4 Methods of Teaching Career Technical Education II or Materials and Approaches to 
Career Technical Education II; 

3.1.2.1.5 Introduction to Education of Exceptional Children; 

3.1.2.1.6 Behavior Management or Classroom; 

3.1.2.1.7 Instructional Technology; and 

3.1.2.1.8 Multicultural Education or Diversity in the Classroom; and 

3.1.2.2 Required Electives: 12 semester hours of college level course work, taken either as part of a 
degree program or in addition to it, or the equivalent of 12 semester hours of documented 
industry or skills training, or a combination thereof, taken to assist the teacher in 
maintaining current craftsmanship and teaching skills in the career technical area covered 
by the certificate that include: 

3.1.2.2.1 Student Organizations in the Curriculum; 

3.1.2.2.2 History and Regulations of Career Technical Education; 

3.1.2.2.3 Student Testing and Evaluation; 

3.1.2.2.4 Education of Exceptional Children (at a level above any previous course work) 

3.1.2.2.5 Career Technical Guidance; 

3.1.2.2.6 DOE approved apprenticeship, military, trade school or extension courses appropriate 
to the area taught or National Occupational Competency Testing (NOCTI) Written and 
Performance Tests or DOE approved industry certification; 

3.1.2.2.7 National Center for Construction Education and Research (NCCER) Instructor 
Certification course or DOE approved Instructor’s Certification course(s); 

3.1.2.2.8 DOE approved test based Professional Municipal License; 

3.1.2.2.9 DOE approved test based Professional Municipal License Preparation course; or 

3.1.2.2.10 College courses in the occupational area to be taught; or 

3.1.3 Two (2) years of college or technical training, plus 6 years of current trade experience in the area 
to be taught; and 

3.1.3.1 Completion of a DOE approved Trade and Industrial teacher education associate’s or 
bachelor’s degree program; or 

3.1.3.2 Required Courses 24 semester hours of course work from the following: 

3.1.3.2.1 Educational Psychology or Human Development; 

3.1.3.2.2 Career Technical Education Assessment and Course Construction; 

3.1.3.2.3 Methods of Teaching Career Technical Education I or Materials and Approaches to 
Career Technical Education I; 

3.1.3.2.4 Methods of Teaching Career Technical Education II or Materials and Approaches to 
Career Technical Education II; 

3.1.3.2.5 Introduction to Education of Exceptional Children; 

3.1.3.2.6 Behavior Management or Classroom Management; 

3.1.3.2.7 Instructional Technology; and 

3.1.3.2.8 Multicultural Education or Diversity in the Classroom; and 













3.1.3.3 Required Electives: 12 semester hours of college level course work or industry training or 
skills documentation to assist the teacher in maintaining current craftsmanship and 
teaching skills in the vocational area covered by the license that include: 

3.1.3.3.1 Career Technical Student Organizations in the Curriculum; 

3.1.3.3.2 History and Regulations of Career Technical Education; 

3.1.3.3.3 Student Testing and Evaluation; 

3.1.3.3.4 Education of Exceptional Children (at a level above any previous course work); 

3.1.3.3.5 Career and Technical Guidance; 

3.1.3.3.6 DOE approved apprenticeship, military, or trade school and extension courses 
appropriate to the area taught or National Occupational Competency Testing (NOCTI) 
Written and Performance Tests or DOE approved industry certification; 

3.1.3.3.7 National Center for Construction Education and Research (NCCER) Instructor 
Certification course or DOE approved Instructor’s Certification course(s); 

3.1.3.3.8 DOE approved test based Professional Municipal License; 

3.1.3.3.9 DOE approved test based Professional Municipal License Preparation course; or 

3.1.3.3.10 College courses in the occupational area to be taught; and 

3.1.3.4 Required General Education: 15 semester hours of general preparation from a regionally 
accredited college or university, with at least one course in each of the following area: 

3.1.3.4.1 Science; 

3.1.3.4.2 Mathematics; 

3.1.3.4.3 Social Studies; 

3.1.3.4.4 English Communications; and 

3.1.3.4.5 Computer Literacy. 

3.2 Skilled Trade Experience 

3.2.1 A minimum of six years of successful, full time work training experience, at least two years of 
which must have been within the last ten years, in the trade or industrial occupation to be taught. 
Full time teaching or direct supervision in the trade or industrial occupation qualifies as current 
work experience, provided the applicant has at least six (6) years of successful, full time prior work 
training experience. 

3.3 Professions and Occupations License. 

3.3.1 In trade or industrial occupations where a state license or registration is required by law, all 
applicants, except applicants for electrician’s or plumber’s trade and industrial certification must 
present a valid and current Delaware license or registration upon application for a standard 
certificate. Applicants for an electrician’s or a plumber’s trade and industrial certification must 
present a valid and current Delaware license as part of completing certification requirements. The 
state license or registration must be renewed as required by law. 

7 DE Reg. 1751 (6/1/04) 







1559 Skilled and Technical Sciences Teacher 
1.0 Content 

1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a) for 
Skilled and Technical Sciences Teacher in a Specific Career Area. This certification is required for 
grades 9 to 12, and for grades 6 to 8 in a Middle Level school. Certificates issued are in the specific 
career area and qualified educators may become certified for more than one specific career area, 
however no general Skilled and Technical Sciences certification exists. 

1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard 
Certificate, including any subsequent amendment or revision thereto, are incorporated herein by 
reference. 









2.0 Definitions 

2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent 
amendment or revision thereto, are incorporated herein by reference. 

2.2 The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

“Career and Technical Education” is also known as Vocational Education, Vocational Technical 
Education or Career Technical Education. 

“HVAC” means Heating, Ventilation, and Air-Conditioning. 

“Nine (9) Career-Related Credits” means nine (9) college credits or an equivalent number of hours in 
professional development, technical training or certification, with one (1) credit equating to fifteen (15) 
hours taken either as part of a degree program or in addition to it, from a regionally accredited college 
or university, or a professional development provider approved by the employing school district or 
charter school. These credits may also be earned through a certified or licensed technical training 
provider or through specified technical training or verification of the equivalent knowledge and training 
by technical certification as specified in the Department’s current Skilled and Technical Sciences 
Standards in the Specific Career Area Program Certification Requirements (See 14 DE. Admin Code 
525 Requirements for Career and Technical Education Programs). 

“Six (6) Career and Technical Education Pedagogy Credits” means six (6) college credits taken 
either as part of a degree program or in addition to it, from a regionally accredited college or university 
from the following content areas: 

“Specific Career Area” means a specific career area approved by the Department as a Career 
Technical Education Program and included in the Department’s Skilled and Technical Sciences 
Standards. Examples include but are not limited to the following: Automotive/Automotive Mechanical 
Technology/Technician; Autobody/Collision and Repair Technology/Technician; Carpentry/Carpenter; 
Child Care Provider/Assistant; Cosmetology/Cosmetologist, General; Dental Laboratory Technology/ 
Technician; Electrician; HVAC-R Maintenance Technology; Licensed Practical/Vocational Nurse 
Training; Mason/Masonry; Medical/Clinical Assistant; Nurse/Nursing Assistant and Patient Care 
Assistant; Plumbing Technology/Plumber; Sheet Metal Technology/Sheetworking; and Welding 
Technology/Welder. 

“Specific Career Area Program Certification Requirements” means educator requirements 
necessary to achieve Department approval of the Career Technical Education program. (See 14 DE 
Admin. Code 525 Requirements for Career and Technical Education Programs). 

“Skilled and Technical Sciences (STS)” is also known as Trade and Industrial Education, Career 
and Technical Education, Career Technical Education or Career-Technical Education. 

“Teacher of Trade and Industries” means a Skilled and Technical Sciences Teacher. 

“Two Years of College or Technical Training” means a minimum of a high school diploma or its 
recognized equivalent and the satisfactory completion of [the requirements for] any one[, or an 
appropriate combination] of the following options in the specific career area of certification 
[equaling] (1) an Associate’s degree with a major in the specific career area; (2) two years of college 
majoring in the specific career area with at least 50% of the major courses required for a bachelor’s 
degree satisfactorily completed; (3) a state issued certificate indicating completion of apprenticeship 
hours and apprentice related training (e.g. journey papers) in the specific career area; (4) completion 
of four years of sequential Delaware Trade Extension courses in the specific career area; (5) 
completion of four years of National Center for Construction Education and Research’s Contren 
documented training in the specific career area; (6) a 70% or above score on both the written and 
performance elements of a Delaware Apprentice-related Education Provider’s National Center for 
Construction Education and Research’s Contren-derived full Apprentice Equivalency test-out covering 
all Apprentice-related Education years in the specific career area; (7) passage of a State of Delaware 









Licensing Test in the specific career area, offered through the Division of Professional Regulation; (8) 
576 hours of military training in the specific career area; (9) 576 hours post-secondary trade school 
training in the specific career area; (10) a 70% or above score on both the written and performance 
teacher tests for the National Occupational Competency Testing Institute in the specific career area; 
(11) an industry recognized certification of technical competence or journeyperson status in the 
specific career area, or (12) DOE approved equivalents [of any one of the above including but not 
limited to equivalents from any combination of the above options]. 

“Vocational Trade and Industry Area” means Skilled and Technical Sciences Area. 

“Work Experience” means full time employment or work training experience in the specific Skilled 
and Technical Sciences career area of certification. An educator may substitute an Associate’s degree 
in the specific Skilled and Technical Sciences career area of certification for a maximum of one (1) 
year of work experience or a Bachelor’s degree in the specific Skilled and Technical Sciences career 
area of certification for a maximum of two (2) years of work experience. The educator may only 
substitute one degree for a maximum of two years work experience credit and may not use two 
Associates degrees to equal two years of work experience. 

3.0 Standard Certificate 

3.1 In accordance with 14 Del.C. §1220(a) the Department shall issue a Standard Certificate as a Skilled 
and Technical Sciences Teacher of a specific career area to an educator who has met the following: 

3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard or 
Standard Certificate issued by the Department prior to August 31, 2003; and 

3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, with the 
exception of the requirement of a Bachelors degree in 3.1.5, including any subsequent 
amendment or revision thereto; and 

3.1.3 Has satisfied the additional requirements in this regulation including holding a Bachelors degree or 
the completion of education and training equivalent to a Bachelors degree as specified in this 
regulation. 

4.0 Educational Requirements 

An educator shall also have met the following: 

4.1 Satisfactorily completed nine (9) Career-Related Credits related to their area of certification and six (6) 
Career and Technical Education Pedagogy credits; and 

4.2 Bachelor’s Degree: 

Holds a Bachelor’s degree from a regionally accredited college or university in any content area; or 

4.3 Equivalent of a Bachelors Degree: 

Acquired the knowledge and training equivalent to a Bachelor’s Degree by meeting one of the 
following: 

4.3.1 Associate’s Degree and additional education: 

Holds an Associate’s degree in any content area and has met the following criteria: 

4.3.1.1 Satisfactorily completed nine (9) college credits in non-duplicated courses taken either as 
part of a degree program or in addition to it from a regionally accredited college or 
university in the following content areas: 

4.3.1.1.1 Career and Technical Education Pedagogy (6 credits); and 

4.3.1.1.2 Special Education (3 credits); and 

4.3.1.2 Satisfactorily completed twelve (12) college credits or their equivalent in professional 
development or technical training in non-duplicated courses taken either as part of a 
degree program or in addition to it from a regionally accredited college or university or 
from a technical training or professional development provider in any combination of the 
following content areas: 

4.3.1.2.1 Career and Technical Education Pedagogy 









4.3.1.2.2 Education Pedagogy 

4.3.1.2.3 Educational Psychology 

4.3.1.2.4 Special Education 

4.3.1.2.5 Science 

4.3.1.2.6 Mathematics 

4.3.1.2.7 English 

4.3.1.2.8 Computer Literacy 

4.3.1.2.9 Social Studies; or 

4.3.1.2.10 Education in the specific career area of certification including specifications listed in 
the Department’s specific career area program certification requirements; or; 

4.3.2 Two Years of College or Technical Training and additional education: 

Satisfactorily completed Two Years of College or Technical Training and has met the following 
criteria: 

4.3.2.1 Satisfactorily completed the requirements in 4.3.1.1 and 4.3.1.2; and 

4.3.2.2 Satisfactorily completed fifteen (15) college credits in non-duplicated courses taken either 
as part of a degree program or in addition to it from a regionally accredited college or 
university, with at least one (1) course in each of the following content areas: 

4.3.2.2.1 Science (3 credits) 

4.3.2.2.2 Mathematics (3 credits) 

4.3.2.2.3 English (3 credits) 

4.3.2.2.4 Psychology (3 credits) 

4.3.2.2.5 Computer Literacy (3 credits). 

5.0 Experience Requirements 

An educator shall also have met the following: 

5.1 Acquired a minimum of six (6) years of work experience, two (2) of which must be within the last five 
(5) years, in the Skilled and Technical Sciences Specific Career Area of Certification; or 

5.2 Acquired a minimum of six (6) years of work experience in the Skilled and Technical Sciences specific 
career area of certification within any time period and maintained current experience by full-time 
teaching in or direct supervision of the specific career area of certification for a minimum, of two (2) 
years within the last five (5) years. 

6.0 Professional and Occupational License Requirements 

An educator shall also have met the following: 

6.1 In skilled or technical sciences occupations where a state license or registration is required by law, all 
applicants for Skilled and Technical Sciences certification, with the exception of the areas listed in 6.2, 
shall present a valid and current Delaware license or registration upon application for a Standard 
Certificate; and 

6.2 Applicants for Skilled and Technical Sciences certification in the career areas of Electrician, Plumber or 
HVAC shall present a valid and current Delaware license as part of completing certification 
requirements, pursuant to 14 Del.C. §1210(f); and 

6.3 The state license or registration shall be renewed as required by law. 









DEPARTMENT OF HEALTH AND SOCIAL SERVICES 
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION 
Statutory Authority: 16 Delaware Code, Section 1101 (16 Del.C. §1101) 



3201 Skilled And Intermediate Care Nursing Facilities 







6.0 Services To Residents 

6.1 General Services 

6.1.1 The nursing facility shall provide to all residents the care necessary for their comfort, safety and 
general well-being, and shall meet their medical, nursing, nutritional, and psychosocial needs. 

6.1.2 The nursing facility shall have in effect a written transfer agreement with one or more hospitals to 
ensure inpatient hospital care, emergency care, or other hospital services are available promptly 
to residents when needed. 

6.1.3 The nursing facility shall have written agreements for promptly obtaining required laboratory, x-ray 
and other ancillary services. 

6.1.4 Each nursing facility providing skilled services shall implement each resident's physician's orders 
obtained on the day of admission and renewed or revised at least every 30 days for the first 90 
days after admission, and every 60 days thereafter. Any nursing facility not providing skilled 
services shall implement each resident's physician's orders obtained on the day of admission and 
renewed or revised every 60 days thereafter. 

6.2 Financial Services 

6.2.1 The facility shall deposit any residents' personal funds in excess of $50 in an interest bearing 
account (or accounts) that is separate from any of the facility's operating accounts, and that credits 
all interest earned on resident's funds to that account. (In pooled accounts, there shall be a 
separate accounting for each resident's share.) 

6.2.2 The facility shall establish and maintain a system that assures a complete and separate 
accounting, according to generally accepted accounting principles, of each resident's personal 
funds which shall be available through quarterly statements and on request to the resident or his/ 
her representative. 

6.2.3 Upon the death of a resident, the facility shall convey within 30 days the resident's funds, and a 
final accounting of those funds to the individual or probate jurisdiction administering the resident's 
estate. 

6.2.4 The facility shall purchase a surety bond to assure the security of resident funds. 

6.3 Medical Services 

6.3.1 All persons admitted to a nursing facility shall be under the care of a physician licensed to 
practice in Delaware. 

6.3.2 All nursing facilities shall arrange for one or more licensed physicians to be called in an 
emergency. Names, telephone and fax numbers of these physicians shall be posted at all nurses' 
stations. 

6.3.3 For a resident admitted or readmitted from the hospital with orders for nine or more medications 
(excluding over-the-counter medications), the attending physician or designee or medical director 
shall conduct a comprehensive medication review within 10 days. 

6.3.4 All written or verbal physician orders shall be signed by the attending physician or prescriber within 
10 days. 









6.3.5 After the initial physician visit, an advanced practice nurse or physician's assistant, affiliated with 
the physician, may alternate with the physician, making every other required visit. 

6.3.6 A progress note shall be written and signed by the physician or designee (an advanced practice 
nurse or physician's assistant) after examining the resident at each visit 

6.4 Therapy Services 

6.4.1 All specialized services such as physical therapy, occupational therapy, and speech therapy shall 
be ordered by the attending physician. The facility shall assure the provision of these services 
through a written plan of care in accordance with physician orders. 

6.4.2 Upon completion of a specialized service, the therapist shall communicate to the 
interdisciplinary team in writing any maintenance program to be included in the care plan. 

6.5 Nursing Administration 

6.5.1 The facility's director of nursing shall: 

6.5.1.2 Develop and/or maintain nursing policy and procedure manuals 

6.5.1.3 Assign duties to and supervise all levels of nursing services direct caregivers 

6.5.1.4 Coordinate nursing services with medical, therapy, dietary, pharmaceutical, 
recreational, and other ancillary services 

6.5.1.5 Coordinate orientation programs for new nursing services direct caregivers (including 
temporary staff) and in-service education, as appropriate, for such staff. Written records 
of the content of each in-service program and the attendance records shall be maintained 
for two years 

6.5.1.6 Participate in the selection of prospective residents by evaluating the nursing services 
required and the facility's ability to competently provide those required services or ensure 
that such an evaluation is conducted by a designated registered nurse 

6.5.2 Treatments and medications ordered by a physician shall be administered using 
professionally accepted techniques in accordance with 24 Delaware Code, Chapter 19. 

6.5.3 Within 14 days of admission, the facility shall make a comprehensive assessment of each 
resident's needs. This assessment shall include, at a minimum, the following information: 

6.5.3.1 Identification, background and demographic information 

6.5.3.2 Customary routine 

6.5.3.3 Cognitive patterns 

6.5.3.4 Communication 

6.5.3.5 Vision 

6.5.3.6 Mood and behavior patterns 

6.5.3.7 Psychosocial well-being 

6.5.3.8 Physical functioning and structural problems 

6.5.3.9 Continence 

6.5.3.10 Disease diagnoses and health conditions 

6.5.3.11 Dental and nutritional status 

6.5.3.12 Skin condition 

6.5.3.13 Activity pursuits 

6.5.3.14 Medications 

6.5.3.15 Special treatments and procedures 

6.5.3.16 Discharge potential 

6.5.4 The resident assessment shall include a screening instrument for mental illness, mental 
retardation, and developmental disabilities to assess if an individual has an active treatment need 
for one of these conditions. 

6.5.5 Based on the physician's admission orders and the admission information for each resident, an 
interim individual nursing care plan shall be developed within 24 hours of admission pending the 
completion of a comprehensive resident assessment. 









6.5.6 A comprehensive care plan shall be developed to address medical, nursing, nutritional and 
psychosocial needs within 7 days of completion of the comprehensive assessment. Care plan 
development shall include the interdisciplinary team that includes the attending physician, an RN/ 
LPN and other appropriate staff as determined by the resident's needs. With the 
resident's consent, the resident, the resident's family or the resident's legal representative may 
attend care plan meetings. 

6.5.7 The assessment and care plan for each resident shall be reviewed/revised as needed when a 
significant change in physical or mental condition occurs, and at least quarterly. A complete 
comprehensive assessment shall be conducted and a comprehensive care plan shall be 
developed at least yearly from the date of the last full assessment. 

6.5.8 The resident has the right to be free from any physical or chemical restraints imposed for purposes 
of discipline or convenience, and not required to treat the resident's medical symptoms. 

6.5.8.1 The resident's comprehensive assessment shall document the medical symptom(s) 
potentially requiring the use of restraints. 

6.5.8.2 The facility shall follow a comprehensive, systematic process of evaluation and care 
planning to ameliorate medical and psychosocial indicators prior to restraint use. 

6.5.8.3 The resident's care plan shall document the facility's use of interventions, such as 
modifying the resident's environment to increase safety, and use of assistive devices to 
enhance monitoring in order to avoid the use of restraints. 

6.5.8.4 Should such interventions and assistive devices fail to provide for the resident's safety, a 
physician's written order permitting the use of restraints shall be required and shall specify 
the type of restraint ordered. 

6.5.8.5 The facility shall be accountable for the safe and effective implementation of the 
physician's order permitting the use of restraints. 

6.5.8.6 When the use of restraints has been implemented, the facility shall initiate a systematic 
process, on an ongoing basis, documented in the care plan, in an effort to employ the 
least restrictive restraint. 

6.5.8.7 In an emergency, when the resident's unanticipated violent or aggressive behavior places 
him/her or others in imminent danger, restraints may be used as a last resort to protect the 
safety of the resident or others, and such use shall not extend beyond the immediate 
episode. 

6.5.9 The facility shall ensure that each nursing and ancillary staff member providing care to a resident 
under 16 years of age meets the standards as defined in regulations for nursing facilities admitting 
pediatric residents. 

6.5.10 The facility shall ensure that all licensed or certified direct care staff receive CPR certification and 
shall ensure that at least one staff person with current CPR certification is present in the facility 
during all shifts. 

6.6 Activities 

6.6.1 The nursing facility's activities program shall provide diversified individual activity plans and group 
activities for each resident based on the comprehensive assessment as well as an activity 
assessment conducted by the activity director. The activities offered shall reflect the needs, 
interests, abilities, preferences, limitations and age of each resident. 

6.6.2 Scheduled activities offered to residents shall include therapeutic, recreational, social and spiritual 
activities, educational opportunities, and interaction with community groups. They are designed to 
sustain resident function, prevent decline and increase life satisfaction. Activities shall be 
conducted in a manner that enhances quality of life, promotes choice, stimulation or solace where 
appropriate and physical, cognitive, social and emotional health. 

6.6.3 If a resident's comprehensive assessment indicates a need for activities to be addressed in the 
resident's care plan, that care plan shall identify and specify the type of interventions which will 
promote the resident's well-being and assist in the achievement of the established care plan goals 
for the resident. 









6.6.4 There shall be a mechanism for promoting each resident's awareness of the time and location of 
activities programs. Facility staff members [shall may] assist in the activities program including 
but not limited to transporting residents to programs. 

6.7 Social Services 

6.7.1 The facility shall identify each resident's need for social services to attain or maintain the highest 
practicable physical, mental and psychosocial well-being of each resident; and shall assist each 
resident to obtain all required services to meet the individual resident's needs. These social 
services shall include, but not be limited to: 

6.7.1.1 Making arrangements for obtaining needed adaptive equipment, clothing and personal 
items 

6.7.1.2 Making referrals and obtaining services from outside entities 

6.7.1.3 Assisting residents with financial and legal matters, according to facility policy 

6.7.1.4 Discharge planning services 

6.7.1.5 Assisting residents to determine how they would like to make decisions about their health 
care, and whether or not they would like anyone else to be involved in those decisions 

6.7.1.6 Meeting the needs of residents who are grieving 

6.8 Food Service 

6.8.1 Meals 

6.8.1.1 A minimum of three meals or the equivalent shall be served in each 24-hour period. Meals 
shall be served at regular times comparable to meal times in the community. 

6.8.1.2 The facility shall offer snacks at bedtime daily. 

6.8.1.3 When residents refuse a meal served, substitutes of similar nutritive value shall be offered. 

6.8.1.4 Menus shall meet the nutritional needs of residents in accordance with the recommended 
dietary allowances of the Food and Nutrition Board, National Research Council, National 
Academy of Sciences. 

6.8.1.5 Therapeutic diets, mechanical alterations and changes in either must be prescribed by an 
attending physician within 72 hours of implementation. All meals and snacks shall be 
served in accordance with the therapeutic diet, if prescribed. 

6.8.1.6 Nutritional supplements shall be served as prescribed by the physician. 

6.8.2 Menus 

6.8.2.1 Menus shall be planned in advance and a copy of the current week's menu shall be posted 
in the kitchen and in a public area. Portion sizes shall be listed on a menu in the food 
service area. 

6.8.2.2 Menus showing food actually served each day shall be kept on file for at least 3 months. 
When changes in the menu are necessary, substitutions of similar nutritive value shall be 
provided. 

6.8.2.3 A 3-day supply of food shall be kept on the premises at all times. 

6.8.2.4 A copy of a recent dietary manual shall be available for planning therapeutic menus and 
as a resource for staff. 

6.8.3 Nutritional Assessment 

6.8.3.1 The immediate nutritional needs of each resident shall be addressed upon admission. 

6.8.3.2 A comprehensive nutritional assessment which includes an evaluation of each resident's 
caloric, protein, and fluid requirements shall be completed within 14 days of admission in 
consultation with a dietitian. 

6.8.3.3 The facility shall have an ongoing evaluation and assessment program to meet the 
nutritional needs of all residents. 

6.8.3.4 The facility shall obtain and document each resident's weight at least monthly. 

6.9 Housekeeping and Laundry Services 









6.9.1 The facility shall employ sufficient housekeeping personnel and provide the necessary equipment 
to maintain a safe, clean, and orderly environment, free from offensive odors, for the interior and 
exterior of the facility. 

6.9.2 A full-time employee shall be designated responsible for housekeeping services and for 
supervision and training of personnel. 

6.9.3 The facility shall have written policies and procedures and schedules for cleaning all areas of the 
facility. 

6.9.4 The facility shall maintain a supply, in the amount of 3 sets per resident, of towels, washcloths, 
sheets and pillowcases changed weekly or whenever soiled. 

6.9.5 The facility's handling, storage, processing and transporting of linens shall comply with facility 
infection control policies and procedures. 

6.9.6 The facility shall contract with a licensed pest control vendor to ensure that the entire facility is free 
of [live] insects and other vermin. 

6.10 Pharmacy Services 

6.10.1 Each nursing facility shall have a consultant pharmacist who shall be responsible for the general 
supervision of the nursing facility's pharmaceutical services. 

6.10.2 For a resident admitted or readmitted from the hospital with orders for nine or more medications 
(excluding over-the-counter medications), the facility shall complete an on-site or off-site 
pharmacy review within 10 days of admission or readmission. 

6.11 Medications 

6.11.1 Medication Administration 

6.11.1.1 All medications (prescription and over-the-counter) shall be administered to residents in 
accordance with orders which are signed and dated by the ordering physician or 
prescriber. Each medication shall have a documented supporting diagnosis. Verbal or 
telephone orders shall be written by the nurse receiving the order and then signed by 
the ordering physician or prescriber within 10 days. 

6.11.1.2 Standing orders may be established for over-the-counter medications that have been 
approved by the resident's attending physician. 

6.11.1.3 Standing orders shall be initiated by licensed nurses, but shall not be used for more than 
72 hours without approval by the physician. 

6.11.1.4 When any standing order is initiated, it shall be written as a complete order on the 
MAR for the specified time period and charted when administered. 

6.11.1.5 Medications shall be given only to the individual resident for whom the prescription or 
order was issued, and shall be given in accordance with the prescriber's instructions. 

6.11.1.6 An individual resident may self-administer medications upon the written order of the 
physician, following determination by the interdisciplinary team that this practice is 
safe. The facility shall establish policies and procedures pertaining to the security of 
self-administered medication. 

6.11.1.7 The facility's policies and procedures shall not prohibit or restrict a resident from receiving 
medications from the pharmacy of the resident's choice. However, the 
resident and/or his representative shall be informed of any ramifications of ordering 
medications from other than the facility's pharmacy, such as cost differences, 
responsibility for delivery of medication to the facility and length of ordering time. 

6.11.1.8 Only licensed nurses shall administer medications and then record the administration on 
the resident's Medication Administration Record (MAR) immediately after administration to 
that resident. 

6.11.1.9 The facility shall ensure that licensed nurses administering medications count 
controlled substances at the beginning and end of each shift. The on-coming 
medication nurse shall conduct, verify, and document the controlled substance count 
in the presence of the off-going medication nurse. 









6.11.1.10 Any medications removed but not administered to the resident shall not be returned to the 
original container. In circumstances such as refusal of drugs by the resident, the drugs 
shall be discarded and the refusal recorded on the resident's Medication Administration 
Record (MAR). If the medication is a controlled substance, the 
signature of the administering nurse is required on the record of the controlled 
substance count. 

6.11.1.11 Each nursing home shall have available a current edition of at least one drug reference 
text for the nursing staff. 

6.11.1.12 Medication shall be released to residents on discharge or transfer only by the written 
authorization of the resident's physician. A resident who leaves the nursing facility on a 
short leave may be issued a quantity of medication to meet his/her needs, with the 
approval of the resident's physician. 

6.11.1.13 The barrel, plunger, needle and contents of disposable hypodermic syringes shall be 
properly discarded in accordance with OSHA regulations immediately after use. 

6.11.1.14 The administrator or designee shall notify the Office of Controlled Substances in the 
Division of Professional Regulation and the Division of Long Term Care Residents 
Protection of any unexplained loss of controlled substances, syringes, needles, 
or prescription pads within 8 hours of discovery of such loss or theft. 

6.11.2 Medication Storage and Stocks 

6.11.2.1 Stock supplies of drugs available without a prescription (over-the-counter drugs such as 
antacids, aspirin, laxatives) may be kept in the facility. These over-the-counter drugs shall 
be labeled "house stock”. [and dated when sent by the supplier] 

6.11.2.2 Prescription medications for emergency or interim use may be stocked [in a secured box] 
by the facility subject to Board of Pharmacy regulations. 

6.11.3 Medication Labeling 

6.11.3.1 Medications shall be labeled in accordance with 24 Delaware Code, §2522 and the 
regulations of the Board of Pharmacy. 

6.11.3.2 Medications dispensed using a unit dose system shall be pharmacy-prepared or 
manufacturer-prepared in individually packaged and sealed doses that are identifiable 
and properly labeled. The label shall include, at a minimum, the brand and/or generic 
name of the medication, strength, and lot number and expiration date. 

6.11.3.3 Doses of medications for individual residents shall be placed into individual resident bins, 
compartments or drawers and shall be subdivided by administration time, labeled with the 
resident's name. 

6.12 Communicable Diseases 

6.12.1 General Requirements 

6.12.1.1 The facility shall follow Division of Public Health regulations for the Control of 
Communicable and Other Disease Conditions and Centers for Disease Control 
guidelines for communicable diseases. 

6.12.1.2 The facility shall establish written policies and procedures implementing the Division of 
Public Health regulations and Centers for Disease Control guidelines for 
communicable diseases. 

6.12.1.3 The nursing facility shall ensure that the necessary precautions stated in the policies and 
procedures are followed. 

6.12.1.4 A resident, when suspected or diagnosed as having a communicable disease, shall be 
placed on the appropriate precautions as recommended for that disease by the Centers 
for Disease Control. Residents infected or colonized with the same organism may share a 
room based on current standard of practice. 

6.12.1.5 The admission of a resident with or the occurrence of a disease or condition on the 
Division of Public Health List of Notifiable Diseases/Conditions within a nursing 
facility shall be reported to the resident's physician and the facility's medical director. 









The facility shall also report such an admission or occurrence to the Division of Public 
Health's Health Information and Epidemiology office. 

6.12.2 Specific Requirements for Tuberculosis 

6.12.2.1 A resident diagnosed with active tuberculosis in an infectious stage shall not continue to 
reside in a nursing facility unless that facility has a room with negative pressure ventilation 
and staff trained to care for residents requiring respiratory isolation. 

6.12.2.2 A resident of any facility unable to provide care as described above who is diagnosed with 
active tuberculosis in an infectious stage shall be transferred to an acute care hospital, 
and the facility shall notify the Division of Public Health's Health Information 
and Epidemiology office immediately. 

6.12.2.3 All facilities shall have on file results of tuberculin tests performed on all newly 
admitted residents and newly hired employees, and annually thereafter on all 
employees. A tuberculin test as specified, done within the twelve months prior to 
employment, or a chest x-ray showing no evidence of active tuberculosis shall satisfy 
this requirement for asymptomatic individuals. If an individual was previously 
documented as a positive reactor or has a history of hypersensitivity to the PPD test, a 
negative chest x-ray shall meet this requirement. 

6.12.2.4 The tuberculin test shall be the Mantoux test containing 5 TU-PPD stabilized with Tween, 
injected intradermally. Current Centers for Disease Control guidelines shall be followed for 
interpreting the PPD test. 

6.12.2.5 Persons found to have a significant reaction (defined as 10 mm or more of induration) to 
the test shall be reported to the Division of Public Health's Health Information and 
Epidemiology office and managed according to recommended medical practice. 

6.12.2.6 Persons who do not have a significant reaction to the initial tuberculin test shall be 
retested within 7-21 days to identify those who demonstrate delayed reactions. Initial tests 
done within one year of a previous test need not be repeated in 7-21 days. 

6.12.3 Immunizations 

6.12.3.1 All facilities shall have on file evidence of annual vaccination against influenza for all 
residents, as recommended by the Immunization Practice Advisory Committee of the 
Centers for Disease Control, unless medically contraindicated. 

6.12.3.2 All facilities shall have on file evidence of vaccination against pneumococcal 
pneumonia for all residents older than 65 and as recommended by the Immunization 
Practice Advisory Committee of the Centers for Disease Control unless medically 
contraindicated. 

6.12.3.3 A resident who refuses to be vaccinated against influenza or pneumococcal pneumonia 
shall be informed by the facility of the health risks involved. The reason for the refusal(s) 
shall be documented in the resident's medical record annually. 

6.12.4 Employee Health 

6.12.4.1 All employees shall receive education and training on standard precautions, use of 
personal protective equipment, the importance of hand hygiene, the facility's infection 
control policies and reporting of exposures to blood or other potentially infectious 
materials. 

6.12.4.2 Personal protective equipment, as required by Centers for Disease Control guidelines, 
shall be made available by the facility for employee use. 

6.12.4.3 If an accidental exposure to blood or other potentially infectious materials occurs 
(specifically to eye, mouth, other mucous membrane or non-intact skin), appropriate first 
aid treatment shall be given immediately and follow-up testing and counsel inginitiated. A 
copy of the exposure incident and follow-up treatment shall be maintained in the 
employee's personnel file. 









6.12.4.4 Facilities shall establish procedures in accordance with Division of Public Health 
requirements and Centers for Disease Control guidelines for exclusion from work and 
authorization to return to work for staff with communicable diseases. 

6.13 Infection Control 

6.13.1 Infection Control Committee 

6.13.1.1 The nursing facility shall establish an infection control committee (or a subcommittee of an 
overall quality control program) of professional staff whose responsibility shall be to 
manage the infection control program in the facility. One member of the committee shall 
be designated the infection control coordinator. 

6.13.1.2 The infection control committee shall consist of members of the medical and nursing 
staffs, administration, dietetic department, pharmacy, housekeeping, maintenance, and 
therapy services. 

6.13.1.3 The infection control committee shall establish written policies and procedures that 
describe the role and scope of each department/service in infection prevention and control 
activities. 

6.13.1.4 The committee is responsible for the development and coordination of policies and 
procedures to accomplish the following: 

6.13.1.4.1 Prevent the spread of infections and communicable diseases 

6.13.1.4.2 Promote early detection of outbreaks of infection 

6.13.1.4.3 Ensure a sanitary environment for residents, staff and visitors 

6.13.1.4.4 Establish guidelines for the implementation of isolation/precautionary measures 

6.13.1.4.5 Monitor the rate of nosocomial infection 

6.13.1.5 The infection control coordinator shall maintain records of all nosocomial infections and 
corrective actions related to those infections to enable the committee to analyze clusters 
or significant increases in the rate of infection and to make recommendations for the 
prevention and control of additional cases. 

6.13.1.6 The infection control committee shall establish the infection control training of staff and 
volunteers, and disseminate current information on health practices. 

6.13.2 Infectious Waste 

6.13.2.1 The facility shall establish and implement policies and procedures for the collection, 
storage, handling and disposition of all pathological and infectious wastes within the 
facility as well as for those to be removed from the facility including the following: 

6.13.2.1.1 Needles, syringes and other solid, sharp, or rigid items shall be placed in a puncture 
resistant container prior to disposal by an infectious waste hauler 
approved by the Department of Natural Resources and Environmental 
Control (DNREC). 

6.13.2.1.2 Non-rigid items, such as blood tubing and disposable equipment and supplies, shall 
be placed in double, heavy duty, impervious plastic bags prior to disposal by an 
infectious waste hauler approved by DNREC. 

6.13.2.1.3 Fecal matter and biological liquid waste shall be flushed into the sewage system. 

7.0 Plant, Equipment and Physical Environment 

7.1 All new construction, extensive remodeling or conversions to a nursing facility shall comply with the 
standards and guidelines set forth under the "Nursing Facilities" section of the current edition of 
Guidelines for Design and Construction of Health Care Facilities, a publication of the American 
Institute of Architects Committee on Architecture for Health with assistance of the U.S. Department of 
Health and Human Services. 

7.2 The facility shall be handicapped accessible and meet applicable American National Standards 
Institute (A.N.S.I.) standards. 

7.3 Facility Systems Requirements 









DEPARTMENT OF INSURANCE 
Statutory Authority: 18 Delaware Code, Sections 311 (18 Del.C. §311) 

18 DE Admin. Code 1301 







102 Delaware Health Information Network Regulations on Participation 
1.0 Statutory Authority 

1.1 The Delaware Health Information Network ['DHIN"] was created by statute, 16 Del.C. Ch. 99, 
Subchapter IV, to be a public instrumentality of the State of Delaware to promote the design, 
implementation, operation and maintenance of facilities for public and private use of health care 
information. The DHIN is operated through a Board of Directors. In keeping with the purpose, it is now 
more convenient to promulgate a regulation that will provide the requirements of participation in the 
DHIN and replace the numerous written documents among the participants and the DHIN. The 
regulation also seeks to clarify the obligations, requirements, permitted use and privacy of data for the 
participants. 

1.2 As use in this regulation, the term "DHIN" refers to the entity unless the context refers to the electronic 
interchange system operated and maintained by the entity. Unless otherwise required any action by 
the entity shall be by majority vote of the quorum of the present members of the Board of Directors 
["Board"]. Meetings of the Board may include members that are participating electronically or 
telephonically, as long as the public can hear or observe the participation of such members. 

2.0 Participation and withdrawal. 

2.1 Participation in the DHIN is voluntary and is commenced by filing with the Executive Director 
["Director"] of the DHIN a document that is known as [a an] application for participation agreement 
["Application"]. The Application shall: identify the individual or entity in detail, provide its healthcare 
activity and purpose, [shall] identify the individual or individuals that have the authority to bind the 
entity and conduct its business affairs, and [include] such other information as may be required by the 
Board. The Participation agreement shall also contain a statement that the entity agrees to be bound 
without reservation by this and other regulations[,policies and/or procedures] that involve the DHIN. 

2.2 The participation agreement along with other information that may be reasonable as determined by the 
Director and the Executive Committee ["Committee"] of the Board shall be reviewed by the Director 
and the Committee to their satisfaction. The Executive Committee may request additional information 









or may grant initial participation to the applying entity subject to certain conditions. The initial 
participation determination is subject to a subsequent ratification by the Board. If no action is taken by 
the Board during its next two regular meetings with a quorum present, the Board is deemed to have 
ratified the initial participation of the applying entity. If the Committee denies initial participation to an 
applying entity, it will provide the reason or reasons for denial. After such denial, the applying entity 
may request the Board reconsider the Committee's denial. If the Board denies reconsideration, the 
applying entity may then seek legal review in accordance with 29 Del.C. Ch. 101, Subchapter V. 

2.3 Withdrawal from participation is commenced by filing with the Director and the Committee a document 
that is known as notice of withdrawal. The Board will [provide determine] the [specific] information 
and [other] requirement[s] that will [comprise be contained in] the notice of withdrawal. The 
Director, the Committee and the withdrawing entity shall seek agreement as to the effective date of 
withdrawal and any other reservations or conditions. If the parties cannot agree, the Committee with 
the subsequent ratification of the Board shall determine the effective date of withdrawal and any other 
conditions or reservations of the withdrawal. 

2.4 Participation may be involuntarily terminated due to security or privacy breaches or failure or refusal to 
perform obligations of participation. Involuntary termination shall be subject to the procedures for 
dispute resolution contained below. 

3.0 Privacy and security of personal health care information and obligations of participants: 

3.1 The participants of the DHIN may have roles that functionally vary from transaction to transaction. A 
participant may be a "Covered Entity" or a "Business Associate", as those terms are defined in the 
HIPAA Regulations, in regards to different transactions with different participants It is desirable to 
import the obligations of the participants under Health Insurance Portability and Accountability Act of 
1996, and regulations promulgated there under ("HIPAA Regulations"), including the Standards for 
Privacy of Individually Identifiable Health Information and Security Regulations, 45 Code of Federal 
Regulations Parts 160, 162 and 164 ("Regulations"). The importation of the participants' obligations 
under HIPAA is more efficient than requiring numerous written documents with the possibility of 
omitting such a required document. Accordingly, each participant agrees to be bound as follows: 

3.1.1 Definitions. As used in this section the following terms are defined as follows: 

"Disclose" and "Disclosure" mean, with respect to Health Information, the release, transfer, 
provision of, access to, or divulging in any other manner of Health Information outside Business 
Associate's internal operations or to other than its employees. 

"Health Information" means information that (i) relates to the past, present or future physical or 
mental health or condition of an individual; the provision of health care to an individual, or the past, 
present or future payment for the provision of health care to an individual; (ii) identifies the 
individual (or for which there is a reasonable basis for believing that the information can be used to 
identify the individual); and (iii) is received by Business Associate from or on behalf of Covered 
Entity, or is created by Business Associate, or is made accessible to Business Associate by 
Covered Entity. 

"Security Incident" means the attempted or successful unauthorized access, use, disclosure, 
modification, or destruction of information or interference with system operations in an information 
system. 

"Use" or "Uses" mean, with respect to Health Information, the sharing, employment, application, 
utilization, examination or analysis of such Health Information within Business Associate's internal 
operations. 

3.2 Obligations of Business Associate 

3.2.1 Initial Effective Date of Performance. The obligations created under this section are effective upon 
initial participation in the DHIN. 

3.2.2 Permitted Uses and Disclosures of Health Information. Business Associate shall Use and Disclose 
Health Information as necessary to perform services for Covered Entity, provided that such Use or 
Disclosure would not violate the Privacy Regulations if done by Covered Entity. Business 
Associate may Use and Disclose Health Information for the proper management and 









administration of Business Associate, or to carry out the legal responsibilities of the Business 
Associate, provided that the disclosure is required by law, or the Business Associate obtains 
reasonable assurances in writing from the person to whom the information is disclosed that: (i) that 
it will be held confidentially and used or further disclosed only for the purpose for which it was 
disclosed; and (ii) the person is obligated to notify Business Associate (who will notify Covered 
Entity) of any instances of which it is aware in which the confidentiality of the information has been 
breached. 

3.2.3 Adequate Safeguards for Health Information. Business Associate warrants that it shall implement 
and maintain appropriate administrative, physical and technical safeguards that reasonably and 
appropriately protect the confidentiality, integrity, and availability of any Health Information that it 
creates, receives, maintains, or transmits on behalf of Covered Entity and to prevent the Use or 
Disclosure of Health Information in any manner other than as permitted by this Agreement. 

3.2.4 Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that 
is known to Business Associate of a Use or Disclosure of Health Information by Business 
Associate in violation of the requirements of this Agreement. 

3.2.5 Reporting Non-Permitted Use or Disclosure. Business Associate shall report to Covered Entity 
each Use or Disclosure that is made by Business Associate, its employees, representatives, 
agents or subcontractors that is not specifically permitted by this Agreement. The initial report shall 
be made by telephone call to Covered Entity's Privacy Officer within forty-eight (48) hours from the 
time the Business Associate becomes aware of the non-permitted Use or Disclosure, followed by 
a written report to the Privacy Officer no later than five (5) days from the date the Business 
Associate becomes aware of the non-permitted Use or Disclosure. Business Associate shall report 
to Covered Entity any security incident of which it becomes aware. 

3.2.6 Availability of Internal Practices, Books and Records to Government Agencies. Business 
Associate agrees to make its internal practices, books and records relating to the Use and 
Disclosure of Health Information available to the Covered Entity, or at the request of Covered 
Entity, to the Secretary of the U.S. Department of Health and Human Services ("Secretary"), in a 
time and manner designated by the Covered Entity or the Secretary, for purposes of determining 
Covered Entity's compliance with the Privacy Regulations. 

3.2.7 Access to and Amendment of Health Information. Business Associate shall, to the extent Covered 
Entity determines that any Health Information constitutes a "designated record set" under the 
Privacy Regulations, (a) make the Health Information specified by Covered Entity available to the 
individual(s) identified by Covered Entity as being entitled to access and copy that Health 
Information, and (b) make any amendments to Health Information that are requested by Covered 
Entity. Business Associate shall provide such access and make such amendments within the time 
and in the manner specified by Covered Entity. 

3.2.8 Accounting of Disclosures. Upon Covered Entity's request, Business Associate shall provide to 
Covered Entity an accounting of each Disclosure of Health Information made by Business 
Associate or its employees, agents, representatives or subcontractors as required by the Privacy 
Regulations. Any accounting provided by Business Associate under this Section 3.2.8 shall 
include: (a) the date of the Disclosure; (b) the name, and address if known, of the entity or person 
who received the Health Information; (c) a brief description of the Health Information disclosed; 
and (d) a brief statement of the purpose of the Disclosure. For each Disclosure that requires an 
accounting under this Section 3.2.8, Business Associate shall track the information specified in (a) 
through (d), above, and shall securely maintain the information for six (6) years from the date of 
the Disclosure. 

3.2.9 Restrictions: Requests for Confidential Communications. Business Associate will comply with any 
agreements for confidential communications of which it is aware and to which Covered Entity 
agrees pursuant to 45 C.F.R. §164.522 (b) by communicating with individuals using agreed upon 
alternative means or alternative locations. 

3.2.10 Disposition of Health Information Upon Termination or Expiration. Upon termination or expiration 
of this Agreement, Business Associate shall either return or destroy, in Covered Entity's sole 









discretion and in accordance with any instructions by Covered Entity, all Health Information in the 
possession or control of Business Associate and its agents and subcontractors. However, if 
Covered Entity determines that neither return nor destruction of Health Information is feasible, 
Business Associate may retain Health Information provided that Business Associate (a) continues 
to comply with the provisions of this Agreement for as long as it retains Health Information, and (b) 
further limits Uses and Disclosures of Health Information to those purposes that make the return or 
destruction of Health Information infeasible. 

3.2.11 Term and Termination. Unless sooner terminated, this Agreement shall continue in effect so long 
as Business Associate continues to provide services or perform functions on behalf of Covered 
Entity. A material breach by Business Associate of any provision of this Agreement, as determined 
by Covered Entity, shall constitute a material breach of the Agreement providing grounds for 
immediate termination of this Agreement. Upon Covered Entity's knowledge of a material breach 
by Business Associate, Covered Entity may provide an opportunity for Business Associate to cure 
the breach or end the violation and may terminate this Agreement if Business Associate does not 
cure the breach or end the violation within the time specified by Covered Entity, or immediately 
terminate this Agreement if Business Associate has breached a material term of this Agreement 
and cure is not possible. Notwithstanding the above, any breach related to the sale, transfer, or 
use or disclosure of Health Information for commercial advantage, personal gain, or malicious 
harm shall be considered non-curable. Business Associate's obligations under Article II shall 
survive the termination or expiration of this Agreement. Nevertheless, DHIN may continue to hold 
data in the terminated participant's data stage for historical and other purposes. 

3.2.12 No Third Party Beneficiaries. There are no third party beneficiaries to the obligations of the 
participants of DHIN under this section. 

3.2.13 Use of Subcontractors and Agents. Business Associate shall require each of its agents and 
subcontractors that receive Health Information from Business Associate to execute a written 
agreement obligating the agent or subcontractor to comply with all the terms of this Agreement. 

3.2.14 Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to 
electronic data security and privacy are rapidly evolving and that amendment of this Agreement 
may be required to provide for procedures to ensure compliance with such developments. The 
parties specifically agree to take such action as is necessary to implement the standards and 
requirements of HIPAA, the HIPAA Regulations and other applicable laws relating to the security 
or confidentiality of Health Information. The parties understand and agree that Covered Entity 
must receive satisfactory written assurance from Business Associate that Business Associate will 
adequately safeguard all Health Information that it receives or creates pursuant to this Agreement. 
Upon Covered Entity's request, Business Associate agrees to promptly enter into negotiations with 
Covered Entity concerning the terms of any amendment to this Agreement embodying written 
assurances consistent with the standards and requirements of HIPAA, the HIPAA Regulations or 
other applicable laws. Covered Entity may terminate this Agreement upon thirty (30) days written 
notice in the event (i) Business Associate does not promptly enter into negotiations to amend this 
Agreement when requested by Covered Entity pursuant to this Section or (ii) Business Associate 
does not enter into an amendment to this Agreement providing assurances regarding the 
safeguarding of Health Information that Covered Entity, in its sole discretion, deems sufficient to 
satisfy the standards and requirements of HIPAA and HIPAA Regulations. 

4.0 Other obligations of participation. 

4.1 Application for and participation in DHIN requires each participating entity and its agents and 
employees to the following [in addition to provisions of this section as well as] the obligations 
imposed elsewhere. 

4.1.1 The participating entities, their agents and employees shall conduct their affairs with all other 
[participates participants] as well as the agents and employees of DHIN with the highest level of 
candor, complete honesty-in-fact, civility and professionalism. 









4.1.2 The participants must respond to requests for information and complaints in a reasonable period. 
Participants must respond to requests for information and complaints that involve security and 
privacy within twenty-four hours unless the Director or his or her designee extends the time. 

4.1.3 The participants must provide financial support by prompt payment in accordance with their prior 
agreement or as may be promulgated by rule by the Board in the future. 

4.1.4 The participants must promptly report Security Incidents as defined in the prior section promptly to 
the Director and any other [effected affected] participant. 

5.0 Dispute resolution and inquiries 

5.1 Any dispute that involves the DHIN or its interchange shall be subject to dispute resolution under this 
section. Such disputes may involve participants, the DHIN or members of the public where there is a 
claim that this or other regulations or statutes were violated by any of the forgoing. A dispute may also 
be an inquiry or request for information that is not responded to in a reasonable manner. 

5.2 The Chair of the Board may appoint a number of individuals subject to approval by the Committee to 
serve on the Dispute Resolution Committee ["DRC"]. The DRC shall be comprised of panels of no less 
than three or more than five members. No member may serve on a case before the DRC where that 
member has a conflict of interest as set forth in 29 Del.C. Chapter 58. The presiding member of the 
panel must be a member of the Board. The Board may promulgate rules for procedures for matters to 
be determined by the DRC. The DRC and the Board are authorized to grant relief to include financial 
penalties, suspension and termination of an entity or individual's participation or use of the DHIN. 

5.3 Any party aggrieved by the decision of the Panel may seek review by filing written exceptions to the 
Panel's decision within ten days of the decision as would be computed in the Delaware Superior Court. 
The review shall be presented to the Board who may overturn the Panel's decision by a majority vote 
of a quorum of the Board. 

5.4 A aggrieved party may seek legal review on the record only in accordance with 29 Del.C. Ch. 101, 
Subchapter V. 

6.0 Permitted uses by participants 

6.1 In an effort to maximize the health care benefits of the DHIN, participants are authorized to utilize the 
system to its maximum extent possible while maintaining the required high level of security and privacy 
for the information. Participants are authorized to use the DHIN without regard to whether the ordering 
entity is a participant of the DHIN. This includes participants that are subject to the Clinical Laboratory 
Improvement Act ["CLIA"] and regulations promulgated thereunder. 

6.2 Participants shall comply with the data use agreements they entered into with the DHIN. The terms, 
conditions and requirements of the existing and future data use agreements may be determined and 
amended by the Board. 

7.0 Patient access 

7.1 Individuals may be provided access to the information about them that is in the interchange in a 
manner and under terms and conditions that the Board shall set out by rule or procedure. 

7.2 Individuals shall be informed of and may choose to preclude a search of their individual health 
information (as defined in above Section 3.1.1) in the DHIN Interchange after consultation with their 
health care provider and in accordance with the rules or procedures promulgated by Board. 

8.0 Technical Standards 

8.1 The Board by rule or procedure shall establish the technical requirements for participation in the DHIN. 
These standards shall [adopt conform to or incorporate] national standards to the extent such is 
feasible. 









STATE EMPLOYEE BENEFITS COMMITTEE 
Statutory Authority: 29 Delaware Code, Sections 5210(4) and 9602(b)(4) 

(29 Del.C. §§5210(4) and 9602(b)(4)) 

19 DE Admin. Code 2001 

2001 Group Health Care Insurance Eligibility and Coverage Rules 
(Used to determine who may enroll. See "Cost of Coverage" to determine the amount of State 
contributions, toward an employee's coverage.) 

1.0 Authority 

Pursuant to the authority vested in the State Employee Benefits Committee (SEBC) by 29 Del.C. 
§§5210(4), 9602(b)(4), the SEBC adopts these eligibility and coverage rules for the State of Delaware 
Group Health Insurance Program (“State Plan”). In the event of a conflict between these rules and the 
Delaware Code, the Delaware Code takes precedence over these rules. 

1.1 An Employee or pensioner must meet one of the following definitions to be eligible for coverage under 
the State's plan: 

1.1.1 a permanent full-time employee (regularly scheduled 30 or more hours per week or 130 or more 
hours per month); 

1.1.2 an elected or appointed official as defined by 29 Del.C. §5201; 

1.1.3 a permanent part-time employee (regularly scheduled to work less than 130 hours per month); 

1.1.4 a limited term employee (as defined by Merit Rule 10.1); 

1.1.5 a pensioner receiving or eligible to receive a pension from the State; 

1.1.6 a per diem or contractual employee of the Delaware General Assembly who has been 
continuously employed for 5 years. 

1.1.7 a temporary employee (regularly scheduled 30 or more hours per week or 130 or more hours per 
month) as defined by 29 Del.C. §5207. 

1.2 Those employees who meet the definition outlined in rule 1.1.1, 1.1.2, 1.1.4 and 1.1.5 are considered 
"regular officers and employees”, or “eligible pensioners" as provided by 29 Del.C. §5202 and are to 
receive State Share contributions. 

1.3 Short term disability beneficiaries receiving benefits under 29 Del.C. §5253(b) will be treated as 
"regular officers and employees" under these regulations. Long term disability beneficiaries receiving 
benefits under 29 Del.C. §5253(c) will be treated as "eligible pensioners" under these regulations. 

1.4 Casual and seasonal and substitutes are not eligible for the State Plan. 

1.5 Newly employed school teachers become eligible employees when they start employment not when 
they sign their contract. (Review the Eligibility Table, see Appendix "A", for coverage start date 









dependent upon the September hire date). Temporary teachers who are re hired in September are 
eligible to elect coverage when re-hired. Temporary teachers who are re hired in the next contract year 
are eligible to elect coverage when re hired without fulfilling another 3 month waiting period. 

1.6 Employees or pensioners who are enrolled in Medicare Part D may not have prescription coverage in 
the State Plan. 

 6 DE Reg. 690 (11/1/02) 

2.0 Dependents Eligible to Participate 

2.1 Dependents must meet one of the following definitions to be eligible for enrollment in the State plan: 

2.1.1 A regular officer’s or employee's or eligible pensioner’s: 

2.1.1.1 legal spouse (Delaware law does not recognize common law or same sex marriage). Ex 
spouses may not be enrolled in the State's group health insurance program - even if a 
divorce decree, settlement agreement or other document requires an employee to provide 
coverage for an ex spouse; 

IMPORTANT NOTE: Spousal Coordination of Benefits Policy has been in effect since 1/1/ 
93. The policy applies to a spouse who is eligible for health coverage through his/ her own 
employer. Spouses who work full time and are eligible for health coverage through their 
employer, but do not enroll under their employer's health plan, will have a reduction in 
benefits under the State Plan. A new Spousal Coordination of Benefits form must be 
completed each year during Open Enrollment or anytime throughout the year if the 
spouse's employment or insurance status changes. Employees should refer to the 
Statewide Benefits Office's website at http://ben.omb.delaware.gov/documents/cob/ 
index.shtm or individual benefit booklets for each plan for more detailed information. 

2.1.1.2 unmarried child/ren under age 21 (age 24 if a full time student), born to or legally adopted 
or placed for adoption by a regular officer, or employee or eligible pensioner or a regular 
officer or employee's or pensioner's legal spouse, as defined in 29 Del.C. §5201(a); 

2.1.1.3 unmarried dependent child/ren under age 21 (age 24 if a full time student), not born to or 
legally adopted, but residing with a regular officer or employee or eligible pensioner in a 
regular parent child relationship, and who is dependent upon the regular officer or 
employee or eligible pensioner for at least fifty (50) percent support. A statement of 
support form must be completed by the regular officer or employee or eligible pensioner 
and forwarded to the employee's Benefit Representative or Human Resources Office with 
the request for coverage together with a copy of the legal guardianship, permanent 
guardianship or custody order for the dependent child. If a natural parent resides in the 
same household as the insured regular officer or employee or eligible pensioner, it will be 
deemed that a regular parent-child relationship does not exist unless the regular officer or 
employee or eligible pensioner has legal guardianship documents or has legally adopted 
the dependent child. 

2.1.1.4 unmarried dependent child/ren who meet the criteria of sections 2.1.1.2 or 2.1.1.3 above, 
but who is over age 21 and incapable of self-support because of a mental or physical 
disability which existed before the child reached age 21. The child/ren must have been 
covered under employee's contract immediately preceding age 21, or age 24 if a full time 
student. 

IMPORTANT NOTE: Dependent Coordination of Benefits (child/ren) form must be 
completed for each enrolled dependent upon enrollment, any time coverage changes, or 
upon request by the Statewide Benefits Office. 

2.2 Eligible dependent child/ren covered under the health insurance plans of both parents will be primary 
to the parent's plan whose birthday is the first to occur during the calendar year. In the event the birth 
dates are the same, the dependent child will be primary to the parent with the longest employment 
service. In the event birth dates and length of service are the same, the dependent child will be primary 
to the male parent's plan. 









2.3 Adult Dependent Program - Provides a period of health care coverage up to age 24, if an adult 
dependent's coverage was terminated or will terminate due to his/her age; i.e., dependent was 
terminated from coverage effective December 31 in the year he/she turned 21 and is not a full-time 
student, or the end of the month in which he/she graduated from college and is not yet 24. 

2.3.1 Eligibility Requirements. An Adult Dependent eligible to be covered under this program is a 
covered person's (employee's or pensioner's) child by blood or by law who meets all of the 
following: 

2.3.1.1 Is less than 24 years of age; 

2.3.1.2 Is unmarried; 

2.3.1.3 Has no dependents of his/her own; 

2.3.1.4 Is either a resident of the State of Delaware or is enrolled as a full-time student at an 
accredited institution of higher learning; and 

2.3.1.5 Is not actually provided coverage as a named subscriber, insured, enrollee, or covered 
person under any other group or individual health benefits plan, group health plan, or 
church plan, or entitled to benefits under a state's Medical Assistance program. 

2.3.2 If an Adult Dependent is no longer eligible to be covered under the health plan of the parent or 
legal guardian (referred to as covered person) because of his/her age, he/she is eligible to enroll in 
this program provided the covered person continues to have health care coverage through the 
State of Delaware. The Adult Dependent must contact the health care carrier within 30 days of 
their loss of coverage to enroll or may enroll during an Open Enrollment period. If an Adult 
Dependent is between the ages of 21 and 24 and is enrolled as a full-time student at an accredited 
institution of higher learning he/she is eligible to be covered under the health care coverage of the 
covered person and does not need to enroll in this program. 

2.3.3 Program Requirements 

2.3.3.1 Employee or pensioner must remain actively enrolled in a State of Delaware Group Health 
Insurance plan provided by one of the State designated health care providers. 

2.3.3.2 Adult Dependent must enroll in the same health care plan, which provides coverage to 
their parent or legal guardian who is an employee or pensioner with Group Health 
Insurance through the State of Delaware. 

2.3.3.3 Health care premiums must be paid directly to one of the State designated health care 
providers. 

2.3.3.4 Payroll deductions from the paycheck of the parent or legal guardian with group health 
insurance through the State are not an option. 

2.3.4 End of Coverage. Coverage of an eligible Adult Dependent who enrolls in this Adult Dependent 
Program is provided until the earlier of the following: 

2.3.4.1 Adult Dependent child no longer meets the definition of an Adult Dependent because he/ 
she: 

2.3.4.1.1 Reaches 24 years of age; 

2.3.4.1.2 Marries; 

2.3.4.1.3 Has his/her own dependents; 

2.3.4.1.4 Is not a resident of the State of Delaware or is not enrolled as a full-time student at an 
accredited institution of higher learning; or 

2.3.4.1.5 Has his/her own coverage as a named subscriber, insured, enrollee, or covered 
person under another group or individual health benefits plan, group health plan, or 
church plan, or entitled to benefits under a state's Medical Assistance plan; 

2.3.4.2 Date on which coverage ceases under the contract by reason of failure to make a timely 
payment of premium required under the contract. Payment of any premium is considered 
to be timely if made within 30 days after the due date; or 

2.3.4.3 Date upon which coverage under the State Plan is terminated for the covered person 
(parent or legal guardian) of the eligible Adult Dependent. 









 6 DE Reg. 690 (11/1/02) 

3.0 Coverage 

3.1 Coverage of an eligible regular officer or employee and his/her eligible dependents will become 
effective on the first of the month following date of hire provided the employee submits a signed 
application within 30 days of the employee's date of hire or within 30 days of the employee becoming 
eligible for the State Share. Refer to Eligibility Table for specific coverage date options for employees 
who elect coverage when eligible for State Share. 

3.1.1 Coverage may become effective on date of hire provided the employee submits a signed 
application within 30 days of the employee's date of hire. Premiums are not pro-rated. 

IMPORTANT NOTE: Spousal Coordination of Benefits Policy became effective 1/1/93 for a spouse 
who is eligible for health coverage through his or her own employer. Spouses who work full time and 
are eligible for health coverage through their employer, but do not enroll under their employer's health 
plan, will have a reduction in benefits under the State Plan. Employees should refer to the individual 
benefit booklets for each plan for more detailed information or see http://ben.omb.delaware.gov/ 
documents/cob/index.shtml. 

3.2 Employees of the State of Delaware who are enrolled in a health insurance benefit plan must re-enroll 
in a plan of their choice during the Open Enrollment period as determined by the SEBC. Should such 
employee(s) neglect to re-enroll in the allotted time, said employee/s and any spouse or dependents 
shall be automatically re-enrolled in their previous plan as long as verification of employment is 
provided by the employee and the Statewide Benefits Office. 

3.3 Employees or pensioners who cover their spouse on the State Plan must complete a Spousal 
Coordination of Benefits Policy Form during each annual Open Enrollment period as well as anytime 
there is a change in the spouse's employment or an insurance status change. Failure to supply the 
Spousal Coordination of Benefits form shall result in the spouse's medical claims being reduced to 20 
percent and inability to have prescriptions filled. 

IMPORTANT NOTE: Dependent Coordination of Benefits (child/ren) form must be completed for each 
enrolled dependent upon enrollment, any time coverage changes, or upon request by the Statewide 
Benefits Office. 

3.4 If an employee elects not to enroll in the State Plan, the employee must complete and sign an 
application/enrollment form acknowledging the desire not to enroll by noting "waive" on the appropriate 
form. 

3.5 Eligible employees who fail to submit a completed and signed application/enrollment form within 30 
days of their date of hire or their date of eligibility for State Share may not join the State Plan until the 
next open enrollment period (usually May), unless the employee meets the requirements of Eligibility 
and Enrollment Rule 3.6. 

3.6 Pursuant to a federal law, Health Insurance Portability and Accountability Act (HIPAA), if an employee 
declines enrollment for him or herself or their dependent/s (including the spouse) because of other 
health insurance coverage and later involuntarily loses the coverage, the State employee and/or 
spouse may be eligible to join the State Plan, without waiting for the next Open Enrollment period, as 
long as the request to enroll is made within 30 days of the loss of coverage. Necessary forms must be 
completed within 30 days of the request to enroll. If such a change is not made in the time period 
specified, the eligible employee/and or spouse must wait until the next Open Enrollment period. 

3.6.1 The following list includes examples of loss of coverage or loss of eligibility for coverage rules 
under which an employee may request enrollment for him/her-self and for dependent/s: 









3.6.2 An increase in employee contribution, change of benefits or change of carrier of the spouse's plan 
shall not constitute loss of coverage, except where the other plan terminates employer 
contributions. Employees should contact their Benefit Representative or Human Resources Office 
and pensioners should contact Pension Office to ask specific questions about eligibility. 

3.7 If an employee declines enrollment for him/her-self or his/her dependents (including the spouse) and 
later has a new dependent as a result of marriage, birth, adoption, or placement for adoption, the 
employee may be able to enroll him/her-self and his/her dependents provided that he/she request 
enrollment within 30 days after the marriage, birth, adoption, or placement for adoption. Necessary 
forms must be completed within 30 days of the request to enroll. 

3.8 The eligible employee who is currently enrolled in a group health plan, may change his/her benefit plan 
upon the dependent's involuntary loss of coverage, pursuant to Eligibility and Enrollment Rule 3.06, 
and addition to the State's Plan, provided the request for enrollment is made within 30 days of the loss 
of dependent's coverage and necessary form must be completed within 30 days of the request. In 
addition, if the employee has a new dependent as a result of marriage, birth, adoption, or placement 
for adoption, the employee may change his/her benefit plan upon the addition of the dependent to the 
State Plan provided the request for enrollment is made within 30 days after the marriage, birth, 
adoption, or placement for adoption and the necessary paperwork is completed within 30 days of the 
request. 

3.9 When husband and wife are eligible State employees, the two employees, or each eligible pensioner, 
and all eligible dependents may elect to enroll under one family contract. When the employees are 
both active, and an employee and spouse or family contract is chosen, the spouse whose birthday 
occurs earlier in the calendar year shall sign an application for coverage form requesting coverage. A 
change of agency is considered re-enrollment. (In the event the birth dates are the same, length of 
service and/or gender will be applied as described in Eligibility and Enrollment Rule 2.2.) Beginning 
with the effective date of these rules, State Share contributions for all new enrollments will be charged 
to the agency or organization whose employee enrolls for employee, employee and spouse, employee 
and child/ren or family coverage. Enrollments prior to February 1990 shall continue to be charged to 
the agency or organization as was previously determined. 

3.9.1 Each regular officer or employee or each eligible pensioner may elect to enroll under a separate 
contract. Eligible dependent/s may be enrolled under either contract, but no dependent shall be 
enrolled more than once under the State Plan. 

3.9.2 The increment of cost of the options selected by the two regular officers or employees or eligible 
pensioners, which exceeds the cost of two First State Basic family plans, shall be deducted by the 
Director of the Office of Management and Budget (OMB) from salary, pension or disability 
payments or checks. 

3.10 When the spouse of an eligible regular officer or employee is a retired State of Delaware employee 
receiving a pension, and enrolled under separate individual contracts, the employing agency and the 
Pension Office will carry the coverage for their respective employee/pensioner. If an Employee & 
Spouse, or a Family contract is chosen, the coverage will continue to be carried through the active 
employee's agency until such time that the Pensioner turns 65. The over age 65 spouse may continue 
to have the State Plan as primary payor of benefits with the contract to continue under the active 
employee's agency, or the spouse may choose Medicare as the primary payor through the Pension 
Office. Also see Eligibility and Enrollment Rule 4.8. 









6 DE Reg. 690 (11/1/02) 

4.0 Changes In Coverage 

4.1 An eligible employee who elects to be covered on his/her EMPLOYMENT COVERAGE DATE may 
change coverage when the employee first becomes eligible for the State Share payment. (Examples: 
(1) An employee who at hire enrolls in the "First State Basic" plan may change to "Comprehensive 
PPO" (or another optional coverage) when beginning State Share contribution, without waiting for the 
next open enrollment period. (2) An employee who at hire enrolls for "Employee" coverage may 
change to "Employee and Child/ren", "Employee and Spouse", or "Family" coverage when he/she 
begins to receive State Share, without waiting for the next open enrollment period. 

4.2 When a covered regular officer or employee or eligible pensioner marries, coverage for the spouse will 
become effective on the date of marriage, or first of the month following the date of marriage provided 
the regular officer or employee or eligible pensioner requests enrollment of the new spouse within 30 
days of the date of the marriage and provides the necessary paperwork within 30 days of the request 
to enroll. A copy of valid marriage license must be provided. (Delaware law does not recognize 
common law or same sex marriage). Premiums are paid on a monthly basis and not pro rated; 
therefore, if a regular officer or employee or eligible pensioner adds the new spouse effective the date 
of the marriage, the regular officer or employee or eligible pensioner must remit the difference in 
employee contribution for the entire month. The regular officer or employee or eligible pensioner may 
submit a signed application within thirty (30) days prior to the date of marriage. If a request to enroll is 
not made within 30 days after the marriage, a covered regular officer or employee or eligible pensioner 
must wait until the next open enrollment period to add the spouse. A Spousal Coordination of Benefits 
Policy form must be completed when adding spouse to coverage. 

4.3 Coverage for a child/ren born to a regular officer or employee or eligible pensioner or legal spouse who 
is covered under the State Plan will begin on the date of birth provided a request to enroll the child is 
made within 30 days of the date of birth and provided the necessary paperwork is received within 30 
days of the request to enroll. A copy of a valid birth certificate must be provided. Premiums are paid on 
a monthly basis and not pro rated. If such a change is not made in the time period specified, a covered 
employee must wait until the next Open Enrollment period to add the child/ren. For an employee who 
has an existing Employee and Child, or Family type contract, the 30 day time period does not apply. 
However, the application to add the newborn child/ren must be made within a reasonable time period 
and copy of valid birth certificate provided. 

IMPORTANT NOTE: Dependent Coordination of Benefits (child/ren) form must be completed for each 
enrolled dependent upon enrollment, any time coverage changes, or upon request by the Statewide 
Benefits Office. 

4.4 Coverage for a child/ren legally adopted or placed for adoption with a regular officer or employee or 
eligible pensioner or legal spouse who is covered under the State Plan will begin on the date of 
adoption or placement for adoption provided a request to enroll for the child/ren is made within 30 days 
of the date of adoption or placement for adoption and provides the necessary paperwork within 30 
days of the request to enroll. 

4.4.1 A copy of a valid legal document attesting to the adoption or placement for adoption must be 
provided. Premiums are paid on a monthly basis and not pro rated. If such a change is not made in 
the time period specified, a covered employee must wait until the next Open Enrollment period to 
add the child. For an employee who has an existing Employee and Child/ren, or Family type 
contract, the 30 day time period does not apply. However, the application to add the newly 
adopted child must be made within a reasonable time period. 

4.5 Coverage for an eligible dependent, other than a newborn child/ren, who becomes an eligible 
dependent after the employee has been enrolled, becomes covered on the first day of the month 
following eligibility provided the regular officer or employee or eligible pensioner requests enrollment 
within 30 days of eligible status. The necessary paperwork must be completed within 30 days of the 
request for enrollment. A copy of valid documentation of dependent status must be provided, i.e. legal 
guardianship, permanent guardianship, custody order. Applicable premiums must be paid. 









4.6 An employee who transfers to another agency or school district may change his/her plan and coverage 
without waiting until the next Open Enrollment period if the transfer impacts the employee contribution 
to health benefits provided the employee makes the required change within 30 days of the transfer. 

4.7 Changes in coverage can only be made at the annual Open Enrollment period, except: 

4.7.1 A regular officer or employee or eligible pensioner is making a change due a qualifying event or 
Special Enrollment Right as previously outlined in Eligibility and Enrollment Rules 3.6 through 3.8; 

4.7.2 In the case of divorce, if there is a "qualifying event" under Eligibility and Enrollment Rules 3.6 
through 3.8, the regular officer or employee or eligible pensioner's coverage status may change, 
but the plan cannot unless Double State Share (DSS) is applicable; 

4.7.3 The spouse of a regular officer or employee or eligible pensioner has become a State of Delaware 
employee entitled to State Share in which case the plan may be changed if an Employee and 
Spouse or Family contract is chosen; 

4.7.4 A regular officer or employee or eligible pensioner may change coverage and/or plan if no longer 
entitled to DSS, provided application is made within 30 calendar days of the qualifying event; or 

4.7.5 A regular officer or employee or eligible pensioner electing to drop health coverage or drop one or 
more dependents (including the spouse of such regular officer, employee, or eligible pensioner) 
from health coverage may drop coverage of dependents, under the following limited 
circumstances as per Section 125 of the Internal Revenue Service Code: 









4.8 An eligible regular officer or employee or a legal spouse (eligible to receive State Share) who reaches 
age 65 and becomes eligible for Medicare shall continue to be covered under the State Plan as the 
primary payor of benefits. 

4.8.1 Regular officers or employees or eligible pensioners and dependents eligible for Medicare, by 
reason of age or disability, must apply for Medicare Part A when first eligible regardless of their 
coverage under the State Plan. Also see Eligibility and Enrollment Rule 3.10. 

4.8.2 If an employee or dependent covered under the State Plan becomes eligible for Medicare Parts A 
and B due to End Stage Renal Disease (ESRD), the covered individual must enroll in Medicare 
Parts A and B and these plans will be primary to the State Plan for the period of time as outlined in 
the Medicare guidelines. Employees with ESRD should contact their State Plan insurance carrier 
to discuss coverage options. 

4.9 An employee who becomes eligible for pension or Long-Term Disability (LTD) may change their plan at 
the onset of receiving pension or LTD. 

4.10 A regular officer or employee or eligible pensioner who is required by Court or Administrative Order to 
provide health insurance coverage for a child/ren shall be permitted to enroll under family or employee 
and child/ren coverage, any child/ren who is eligible for such coverage (without regard to any Open 
Enrollment restriction). If the employee is enrolled, but fails to make application to obtain coverage of 
the child/ren, the child/ren shall be enrolled under such family or employee and child/ren coverage 
upon application by the child/ren's other parent, the Division of Child Support Enforcement or Division 
of Social Services. The employee shall not disenroll (or eliminate coverage of) any child/ren unless the 
employer is provided satisfactory written evidence that: 

4.10.1 The Court or Administrative Order is no longer in effect, or 

4.10.2 The child/ren is or will be enrolled in comparable health coverage, which will take effect no later 
than the effective date of such disenrollment. 

4.11 When a covered regular officer or employee or eligible pensioner divorces, coverage for the ex spouse 
will terminate on the day following the date of divorce. Premiums are paid on a monthly basis and not 
prorated. The regular officer or employee or eligible pensioner must remit the employee contribution 
for the plan, which included the spouse for the entire month. The regular officer or employee or eligible 
pensioner must submit a signed application within 30 days prior to or 30 days following the date of 
divorce. If DSS terminates as a result of the divorce, the regular officer or employee or eligible 
pensioner must pay the employee contribution for the entire month that the divorce occurred. 

 6 DE Reg. 690 (11/1/02) 

5.0 Cost Of Coverage 

(Used to determine the amount of State Share contributed toward an employee's coverage and the 
amount of employee contributions required, if any.) 

5.1 "Regular officers and employees" begin earning State Share contributions on the first of the month 
following three full months of employment. See Eligibility Table for specific information regarding State 
Share payments and employee payroll deductions for employees who elect coverage when eligible for 
State Share. 

5.2 Permanent part-time, temporary per diem and contractual employees of the General Assembly as 
described in Eligibility and Enrollment Rule 1.01 are eligible to participate in the State Plan, but are not 
eligible for State Share. Therefore, any such employee joining the State Plan must pay the full cost of 
the health plan selected. Payment must be collected by the organization and forwarded to the 
Statewide Benefits Office by the first day of the month for which the employee's coverage becomes 
effective. 









5.2.1 If an existing full time state employee takes a limited term position, State Share shall continue. 

5.2.2 Casual and seasonal employees and substitutes are not eligible to participate in the State Plan, 
nor are they eligible for State Share. 

5.3 When a husband and wife are both permanent full time active employees, they shall earn State Share 
contributions in accordance with the following: 

5.3.1 If they elect to enroll in two individual contracts, the increment of cost of the options selected by 
the two employees which exceeds the cost of two First State Basic family plans, shall be deducted 
by OMB from salary, pension or disability payments. 

5.3.2 If they elect to enroll in one employee and spouse or family contract, the increment of cost of the 
option selected by the employee that exceeds the cost of two First State Basic family plans, shall 
be deducted by OMB from salary, pension or disability payments. 

5.4 When the spouse of an eligible employee is a retired State of Delaware employee receiving a monthly 
pension or a Disability Insurance Program (DIP) LTD beneficiary receiving an LTD check, each may 
enroll as two individual contracts, employee and spouse contract or a family contract. The increment of 
cost of the option selected by the employee that exceeds the cost of two First State Basic family plans, 
shall be deducted by OMB from salary, pension or disability payments. (A notation should be made in 
the employee's file that the spouse is a State of Delaware Pensioner or DIP LTD beneficiary). The 
Pension Office should be notified when the active employee terminates State Service. 

5.5 An eligible employee who elects to be covered prior to becoming eligible for State Share must pay the 
full cost of coverage, State Share and employee share, until State Share begins. 

5.6 If a regular officer, employee, eligible pensioner, or beneficiary selects coverage under any plan other 
than the First State Basic Plan, the employee is responsible for paying the additional cost, if any, over 
and above the cost of the same coverage class (individual, employee & child, employee & spouse, or 
family) under the First State Basic plan. 

5.7 A regular officer or employee or eligible pensioner who is eligible for the State Share contribution may 
not receive the cash equivalent in lieu of the coverage itself. 

5.8 Health coverage premiums are collected on a lag basis. (Example: January coverage is paid by 
deduction in the second pay of January plus deduction in the first pay of February). Each agency/ 
school district/sub group is responsible for reconciling premiums to ensure that proper payment has 
been remitted. Payments, other than those made through OMB's automated payroll system, and all 
adjustments must be submitted in a timely manner to the Statewide Benefits Office. The State Plan will 
not be responsible for payment of premiums and/or claims if a signed enrollment form/confirmation 
statement/waiver is not in the employee file. 

5.9 An eligible employee who returns from an authorized unpaid leave of absence is entitled to State 
Share payments upon return without fulfilling another three month waiting period. The employee must 
request enrollment by contacting their Human Resources Office within 30 days of return from leave of 
absence. State Share and coverage (if it has lapsed) begin on the date of return from leave of 
absence. 

5.10 Any regular officer or employee or eligible pensioner who fails to make payment for his/her share of the 
cost of health coverage when he/she is eligible to continue coverage and does not have sufficient 
salary from which payment can be deducted will have coverage canceled on the first day of the month 
following any month that a regular officer or employee or eligible pensioner fails to pay the required 
share for the coverage selected. 

5.10.1 Family and Medical Leave Act (FMLA) regulations provide that employees have a 30 day grace 
period for late premium payments. The employer's obligation to maintain health coverage ceases 
if an employee's premium payment is more than 30 days late. Benefit Representative or Human 
Resources Offices should continue the employee's health coverage for the 30 day period provided 
under FMLA. The Benefit Representative or Human Resources Offices can then do a retroactive 
cancellation if the required employee contribution was not paid by the end of the 30 day grace 
period. 

5.11 An employee who has a break in active employment due to authorized leave of absence, suspension, 
termination or unauthorized leave of absence without pay for a full calendar month, shall not be eligible 









for State Share for that calendar month and any subsequent calendar month that the employee is in a 
non pay status for the entire calendar month. In the case of an authorized leave of absence, an 
intermittent return to work or use of paid leave of less than five full days in one month, the employee 
shall not be entitled to State Share contributions. Full payment must be made for the month in order to 
retain coverage. Upon return, the employee is eligible for State Share without fulfilling another three 
month waiting period, provided the break was the result of any of the following: 

5.11.1 an authorized leave of absence; 

5.11.2 a suspension without pay; 

5.11.3 termination or unauthorized leave of absence for a period less than 30 calendar days. 

Coverage begins on the date of employee's return to work. 

5.12 State Share will be paid for employees drawing Workers' Compensation, provided the employee is not 
eligible for coverage from a subsequent employer. Such an employee must submit payment for the 
share of the coverage that would normally be deducted from his/her salary. 

5.13 State Share will be paid for employees who are approved for Short Term and/or Long Term Disability 
through the State's DIP. 

5.13.1 Employee's share of premium shall be deducted by OMB from employee's salary or DIP LTD 
check. 

5.13.2 Employees whose STD claims are in a pending status are entitled to receive State Share. 

5.13.3. Employees who are appealing a STD termination and/or benefit denial are eligible to receive State 
Share. If the appeal results in a denial, the employee is responsible for the State Share paid on 
his/her behalf while the claim was in a pending appeal status. 

5.14 Any refund of State Share or employee share is subject to the following requirements: 

5.14.1 An employee who has paid the State Share in order to insure continuation of health coverage and 
then later is found to have been eligible for receipt of State Share, is to be refunded the amount 
that was not paid by the State. The employee must make application for the refund within one 
calendar year of the date the employee paid the State Share to be refunded; 

5.14.2 An employee who has paid the employee share then later is found to have been eligible for receipt 
of DSS is to be refunded the amount paid for employee share for a period not to exceed one 
calendar year. The employee seeking a refund must make application for the refund within one 
year of the date the employee paid the employee share to be refunded; 

5.14.3 An employee who has paid the employee share for an ineligible dependent (for example following 
a divorce, death or exceeding the dependent age limits) is to be refunded the amount paid for 
employee share for a period not to exceed 60 days, provided that the employee seeking a refund 
must make application for the refund within 60 days of the date the employee paid the employee 
share to be refunded and further that the employee shall be liable for any amounts paid by the 
State Plan on behalf of the ineligible dependent until the employee provides notice to the 
Statewide Benefits Office of the dependent's ineligibility; 

5.14.4 In any event, refunds of less than $1.00 will not be made. 

5.15 Teachers who are granted a sabbatical leave of absence are eligible for State Share while they are on 
such leave. Also see Eligibility and Enrollment Rule 6.3. 

5.16 All employees whose positions are involuntarily terminated after they have been employed for a full 
calendar year who return to full time State employment within 24 months of their termination will be 
eligible for State Share without fulfilling another three month qualification period. 

5.17 A temporary, casual, seasonal employee, or substitute who becomes a "Regular Officer or Employee" 
shall have his/her unbroken temporary, casual, seasonal, or limited term, provisional or permanent part 
time "Aggregate State Service" applied toward the three month qualification period for State Share 
contributions. The "Aggregate State Service" must immediately precede becoming a "Regular Officer 
or Employee". The temporary, casual, seasonal employee, or substitute must have worked each pay 
cycle for the three months prior to hire eligibility for state share - or last three full months of the school 
year prior to September hire. 









5.18 State Share shall continue for a "Regular Officer or Employee" who is temporarily appointed to a 
position that results in a dual incumbency. 

5.19 Any active employee who is also receiving a survivor's pension through the State of Delaware shall 
receive DSS. The increment of cost, which exceeds the cost of two First State Basic family plans, shall 
be deducted from employee's salary. 

5.20 A regular officer or employee called to active duty with the National Guard or Reserve for other than 
training purposes shall continue to receive state share toward health insurance coverage for a period 
of up to two years. Employee's share must be remitted to Benefit Representative or Human Resources 
Office for further processing. 

 6 DE Reg. 690 (11/1/02) 

6.0 Continuation Of Coverage 

6.1 To continue coverage other than the First State Basic Plan, a covered employee must pay the 
difference between the State Share contribution and the cost of the coverage selected. Coverage will 
be terminated on the first day of the month employee did not make required payment. 

6.2 An employee granted an unpaid authorized leave of absence can maintain membership in the group 
health plan by paying the full cost of coverage (State Share plus employee share) during the period of 
the leave as long as that leave of absence does not exceed two years. An employee who returns from 
an authorized leave of absence, whether he/she maintains coverage or not while on leave of absence, 
is authorized to receive State Share immediately upon return. (Eligibility for State Share begins upon 
return without fulfilling another three month qualification period). An employee on FMLA leave is 
entitled to have pre existing health insurance benefits (including the State Share) maintained while on 
an FMLA leave. If an employee was paying State Share and/or employee share of the premium 
payments prior to leave, the employee would continue to pay the same share during the leave period. 
Failure to make such payment within 30 days of the due date will result in termination of coverage. 

6.3 Coverage other than the First State Basic Plan continues for teachers who are granted sabbatical 
leave provided they make the required payments for their share of the cost of their coverage; 
otherwise, their coverage reverts to the First State Basic Plan. (State Share continues while employee 
is on sabbatical leave.) Also see Eligibility and Enrollment Rule 5.15. 

6.4 Employees leaving State employment, except for termination due to gross misconduct or whose 
application for LTD benefits under the DIP has been approved, are eligible for continuation under 
COBRA. Employees should contact their Benefits Representative or Human Resources Office for 
details of this continuation option. 

6.5 An eligible employee or eligible dependent that loses coverage under the State Plan may continue 
coverage under COBRA. If a COBRA qualifying event occurs, the employee or the employee's 
dependent(s) must notify the employee's Benefit Representative or Human Resources Office or the 
State's COBRA Administrator to provide notice of the qualifying event within 60 days of its occurrence. 

6.6 Upon expiration of the covered individual's COBRA eligibility, the individual may apply directly to the 
insurance company for a direct billed health insurance contract. 

7.0 Termination Of Coverage 

7.1 Coverage ends on the last day of the month in which the employee terminates employment. A public 
school or higher education employee (less than 12 month employee) whose employment during a 
school year continues through the last scheduled work day of that school year shall retain coverage 
through August 31 of the same year so long as the required employee share has been paid. In the 
event an employee fails to make the required payment for any optional coverage selected, coverage 
will be terminated. If an employee works one day in the month in which he/she terminates, he/she shall 
earn State Share for the entire month. Coverage will be terminated on the first day of the month 
employee did not make required payment. 









7.2 Coverage (and dependent coverage, if applicable) ends as of the end of the month in which the 
employee ceases to be an eligible employee for coverage (due to some change such as a reduction in 
the number of hours the employee works). 

7.3 Coverage of dependents, except for dependents of pensioners and dependents eligible for a survivor's 
pension, ends as of the last day of the month of the employee's death. Dependents who lose coverage 
as a result of the employee's death are eligible for continuation under COBRA. Contact the State's 
COBRA administrator for details of this continuation option. 

7.4 Ex spouses not employed by the State of Delaware are not eligible for coverage under the State Plan - 
even if a divorce decree, settlement agreement or other document requires an employee to provide 
coverage for an ex spouse. Coverage for the ex spouse will terminate on the day after the date of 
divorce. Premiums are paid on a monthly basis and not prorated. The regular officer or employee or 
eligible pensioner must remit the employee share for the plan which included the spouse for the entire 
month. The regular officer or employee or eligible pensioner must submit a signed application within 
30 days prior to or 30 days following the date of divorce. If DSS terminates as a result of the divorce, 
each regular officer, employee or eligible pensioner must pay the employee contribution for the entire 
month that the divorce occurred. The State Plan will not be responsible for payment of claims when a 
dependent is no longer eligible for coverage. 

7.5 Coverage for a dependent child/ren will end the earlier of the following: 

7.5.1 December 31st of the year in which he/she reaches age 21. If a full time student, coverage will end 
on the earlier of the following: (1) the end of the month in which the dependent child is no longer a 
full time student, or (2) the end of the month in which the dependent child/ren attains age 24. 
Student certification must be updated each year between ages 21 and 24. 

7.5.2 The last day of the month in which the child/ren marries; 

7.5.3 The date the child/ren ceases to be dependent on you or your spouse for at least 50% support per 
Sections 2.1.1.3 and 2.1.1.4. 

7.5.4 Adult Dependent Program coverage is as provided in Section 2.3. 

 6 DE Reg. 690 (11/1/02) 

 6 DE Reg. 1515 (5/1/03) 

8.0 Reinstatement of Coverage 

8.1 Once a regular officer or employee or eligible pensioner has requested that his/ her coverage be 
canceled, he/she cannot rejoin the State Plan until the next annual Open Enrollment period unless 
such regular officer or employee or eligible pensioner qualifies for re-enrollment under the applicable 
exceptions to these Eligibility and Enrollment Rules. 

8.2 An employee who returns from an authorized leave of absence not exceeding 24 months in duration 
who does not maintain coverage while on leave of absence, is permitted to enroll immediately upon 
return without waiting for the next Open Enrollment period, provided the employee requests enrollment 
within 30 days of return and completes the necessary paperwork required to enroll within 30 days of 
the request. Coverage will begin as of the date the employee returns from leave following completion 
of the necessary paperwork and payment of any required employee share. Premiums are paid on a 
monthly basis and are not prorated. 

8.3 Employees whose positions are involuntarily terminated after they have been employed for a full year 
(or full school year) will be eligible for State Share immediately if they return to full time State 
employment within 24 months of termination. 

6 DE Reg. 690 (11/1/02) 

9.0 Miscellaneous 

9.1 It is the responsibility of the regular officer, employee or eligible pensioner to keep his/her Benefit 
Representative or Human Resources Office informed of any change of address or change in status 
which results in the adding or dropping of dependent/s (marriage, divorce, birth, death, adoption, etc.) 
that affects his/her health care coverage. In turn, it is the responsibility of the Benefit Representative or 









Human Resources Office to make the make the necessary changes in the appropriate payroll system, 
or to notify the Statewide Benefits Office of these changes. Failure to do so may affect eligibility of 
coverage or extent of coverage for any participant and could impose an extreme hardship on a regular 
officer or employee or eligible pensioner. The State Plan will not be responsible for payment of 
premiums and/or claims in the event of ineligibility and/or the absence of a signed enrollment form/ 
confirmation statement in the regular officer or employee or eligible pensioner's file. 

9.2 If any provision of these Rules and Regulations or the application thereof to any person or 
circumstance is held invalid, such invalidity shall not affect other provisions or application of the Rules 
and Regulations which can be given effect without the invalid provision or application, to that end the 
provisions of these Rules and Regulations are declared to be severable 

6 DE Reg. 690 (11/1/02) 

10.0 Dental Plan 

10.1 Employees electing to pay for and receive coverage under one of the Dental Plans should be aware of 
the following terms: 

10.1.1 Dental is not affected by Double State Share (DSS) and dental insurance plans cannot be 
changed upon eligibility for DSS; 

10.1.2 Employees may enroll in a dental plan during the first of month after being hired, becoming 
eligible, or 90 days after the first of the following month after being hired; 

10.1.3 The Dental Plan's effective date is always the first of the month and not on event date as for the 
health plan; 

10.1.4 Dental Plan refund rules are limited to 60 days or less because the Dental Plan is fully insured; 

10.1.5 Dental Plan term dates are limited to 60 days or less; 

10.1.6 Dental Plan will be terminated in the event that employee is 60 days delinquent in payment of 
Dental Plan premium and any paid claims in the same period will be reversed; 

10.1.7 If an employee is terminated from employment and does not pay the Dental Plan premium for the 
second half of the month in which terminated, coverage under the Dental Plan is terminated as of 
the first of the month, any claims paid for that month will be reversed and a refund will be given, if 
employee makes request for refund within 60 days; 

10.1.8 School district employees (except those of Delaware Technical and Community College) who are 
offered school district dental coverage are not eligible for coverage under the State Dental Plans; 

10.1.9. Terminations in dental coverage can only be made during the annual Open Enrollment period, 
except that a regular officer or employee or eligible pensioner may elect to drop dental coverage 
for one or more dependents within the plan year due to same circumstances as noted in Section 
4.75. 

10.1.10 The employee's election of a dental insurance plan is binding for the plan year. 

10.1.11 An employee on approved leave of absence without pay may waive participation in Dental 
Plan. Employee must notify his/her Benefit Representative or Human Resources Office of request 
as waive must be designated in the appropriate enrollment system. When employee returns to 
work, participation must be reinstated in the appropriate enrollment system to be effective the first 
of the month following employee's return to work. 

10.1.12 An employee on approved leave of absence without pay may continue to participate in Dental 
Plan by making full payment of premium by end of each month or coverage will be terminated. 
Employee must make payment to Benefit Representative or Human Resources Office for further 
processing. 









DEPARTMENT OF AGRICULTURE 
HARNESS RACING COMMISSION 

501 Harness Racing Rules and Regulations 



DEPARTMENT OF EDUCATION 

DEPARTMENT OF HEALTH AND SOCIAL SERVICES 
DIVISION OF PUBLIC HEALTH 

4202 Control of Communicable and Other Disease Conditions 







DIVISION OF SOCIAL SERVICES 



9029 Household Cooperation 







DEPARTMENT OF INSURANCE 
804 Worker’s Compensation Provision of Services Contracts 



DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL 
DIVISION OF AIR AND WASTE MANAGEMENT 

1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products 







DIVISION OF FISH AND WILDLIFE 
Statutory Authority: 7 Delaware Code, Section 903(e)(2)a.(3) (7 Del.C. §903(e)(2)a.(3)) 

7 DE Admin. Code 3504