Title 14 Education
200 Administration and Operations
210 District School Board Member Special Education Due Process Hearing Training
The purpose of this regulation is to outline the criteria and process for the required training for members of district school boards, including vocational technical school boards, pursuant to 14 Del.C. §1049B. The purpose of the training is to inform school board members of the educational and legal issues generally involved in special education due process hearings arising under the Individuals With Disabilities Education Act, 20 U.S.C.§ 1400 (“IDEA”) and Chapter 31 of Title 14 of the Delaware Code (“Chapter 31”).
“District School Board” shall mean reorganized school district boards and vocational technical school district boards duly appointed or elected pursuant to Chapter 10 of Title 14 of the Delaware Code.
“Materials” shall mean training aids approved by the Secretary of Education for use in the Special Education Due Process Hearing Training.
“School Board Member” shall mean a district school board member whether that person is elected, appointed, or is a volunteer.
“Trainer” means an individual, agency, or organization approved by the Secretary of Education to provide the Special Education Due Process Hearing Training, in whole or in part.
3.0 Special Education Due Process Hearing Training Requirement
3.1 The Special Education Due Process Hearing Training means the program and materials approved by the Department of Education consisting of a minimum of two (2) hours and covering the following topics:
3.1.1 Overview of special education requirements related to the identification, evaluation, and educational placement of children with disabilities, and the provision of a free, appropriate public education to children with disabilities; and
3.1.2 Overview of the due process hearing system; and
3.1.3 Summary of other procedural safeguards and dispute resolution options available to parents and school districts under the IDEA and Chapter 31.
3.2 The training may be provided in a format that includes, but not limited to, an electronic media format or in person.
4.0 Special Education Due Process Hearing Training Requirement for District School Board Members
4.1 Each district School Board Member shall participate and complete the Special Education Due Process Hearing Training the later of the following:
4.1.1 Within one (1) year of election, appointment, or voluntary service to a District School Board; or
4.1.2 Within one year of the initial effective date of this regulation.
The training required by this regulation shall be conducted by a trainer as defined in this regulation.
The materials used for the training required by this regulation shall be those as defined in this regulation.
14 DE Reg. 1048 (04/01/11)